FTC v. BAM Financial, LLC

Temporary Restraining Order 1 

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

206-220-6350

CONNOR SHIVELY (WA Bar No. 44043) 

cshively@ftc.gov 

RICHARD McKEWEN (WA Bar No. 45041) 

rmckewen@ftc.gov 

Federal Trade Commission 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Phone: 206-220-6350/Fax: 206-220-6366 

LOCAL COUNSEL 

RAYMOND E. MCKOWN (CA Bar No. 150975) 

rmckown@ftc.gov 

Federal Trade Commission 

10877 Wilshire Blvd., Suite 700 

Los Angeles, CA 90024 

Phone: 310-824-4343/Fax: 310-824-4380 

Counsel for Plaintiff 

FEDERAL TRADE COMMISSION 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

–v.– 

BAM FINANCIAL, LLC, et al.,

Defendants. 

SACV 15-01672 

JVS(DFMx)_____________ 

EX PARTE TEMPORARY 

RESTRAINING ORDER WITH 

AN ASSET FREEZE AND OTHER 

EQUITABLE RELIEF, AND 

ORDER TO SHOW CAUSE WHY 

A PRELIMINARY INJUNCTION 

SHOULD NOT ISSUE 

 Plaintiff, the Federal Trade Commission (“FTC”), filed its Complaint for 

Permanent Injunction and Other Equitable Relief (“Complaint”), for a permanent 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 1 of 76 Page ID #:339
FTC v. BAM Financial, LLC

Temporary Restraining Order 2 

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

206-220-6350

injunction, and other equitable relief in this matter, pursuant to 13(b) of the Federal 

Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b), and Section 814 of the Fair 

Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692l, and a motion for 

temporary restraining order (“TRO” or “Order”) without notice pursuant to Rule 65(b) 

of the Federal Rules of Civil Procedure. 

FINDINGS OF FACT 

 This Court, having considered the Complaint, the TRO motion, and all 

declarations, exhibits, and memorandum of law filed in support, finds that: 

1. This Court has jurisdiction over the subject matter of this case, there is 

good cause to believe it will have jurisdiction over all the parties hereto, and venue in 

this district is proper; 

2. There is good cause to believe that Defendants BAM Financial, LLC, 

Everton Financial, LLC, Legal Financial Consulting, LLC, Luis O. Carrera, and 

Roberto Llaury have engaged and are likely to continue to engage in acts or practice 

that violate Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and the FDCPA, and that 

the FTC is therefore likely to prevail on the merits of this action; 

3. There is good cause to believe that consumers will suffer immediate and 

continuing harm from Defendants’ ongoing violations of Section 5(a) of the FTC Act 

and the FDCPA unless Defendants are restrained and enjoined by Order of this Court; 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 2 of 76 Page ID #:340
FTC v. BAM Financial, LLC

Temporary Restraining Order 3 

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

206-220-6350

4. There is good cause to believe that immediate and irreparable damage to 

the Court’s ability to grant effective final relief for consumers in the form of monetary 

restitution and/or disgorgement of ill-gotten gains will occur from the transfer, 

dissipation, or concealment by Defendants of their assets or business records unless 

Defendants are immediately restrained and enjoined by Order of this Court; and that 

in accordance with Fed. R. Civ. P. 65(b) and Local Rule 7-19.2, the interest of justice 

requires that the FTC’s Motion be heard ex parte without prior notice to Defendants. 

Therefore, there is good cause for relieving the FTC of the duty to provide Defendants 

with prior notice of the FTC’s Motion; 

5. Good cause exists for appointing a receiver over the Corporate 

Defendants, permitting the FTC immediate access to Defendants’ business premises, 

and permitting the FTC to take expedited discovery; 

6. Weighing the equities and considering the FTC’s likelihood of ultimate 

success, a temporary restraining order with an asset freeze, appointment of a receiver, 

immediate access to business premises, expedited discovery as to the existence and 

location of assets and documents, and other equitable relief is in the public interest; 

and 

7. No security is required of any agency of the United States for issuance of 

a TRO, Fed. R. Civ. P. 65(c). 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 3 of 76 Page ID #:341
FTC v. BAM Financial, LLC

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

206-220-6350

DEFINITIONS 

A. “Assets” means any legal or equitable interest in, right to, or claim to, 

any real or personal property, including, without limitation, chattels, goods, 

instruments, equipment, fixtures, general intangibles, leaseholds, mail or other 

deliveries, inventory, checks, notes, accounts, credits, contracts, receivables, shares of 

stock, and all cash, wherever located. 

B. “Consumer” means any person. 

C. “Corporate Defendants” means BAM Financial, LLC, Everton 

Financial, LLC, Legal Financial Consulting, LLC, and their successors, assigns, 

affiliates, or subsidiaries, and each of them by whatever names each might be known. 

D. “Debt” means any obligation or alleged obligation to pay money arising 

out of a transaction, whether or not such obligation has been reduced to judgment. 

E. “Defendants” means the Individual Defendants and the Corporate 

Defendants, individually, collectively, or in any combination, and each of them by 

whatever names each might be known. 

F. “Document” and “Electronically Stored Information” are 

synonymous in meaning and equal in scope to the usage of the term in Federal Rule of 

Civil Procedure 34(a), and include but are not limited to: 

i. The original or a true copy of any written, typed, printed, electronically 

stored, transcribed, taped, recorded, filmed, punched, or graphic matter or 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 4 of 76 Page ID #:342
FTC v. BAM Financial, LLC

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FEDERAL TRADE COMMISSION

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Seattle, WA 98174 

206-220-6350

other data compilations of any kind, including, but not limited to, letters, 

email or other correspondence, messages, memoranda, interoffice 

communications, notes, reports, summaries, manuals, magnetic tapes or 

discs, tabulations, books, records, checks, invoices, work papers, 

journals, ledgers, statements, returns, reports, schedules, or files; and 

ii. Any electronically stored information stored on any server, Blackberrys 

or any type of mobile communications device, flash drives, personal 

digital assistants (“PDAs”), desktop personal computer and workstations, 

laptops, notebooks, and other portable computers, or other electronic 

storage media, whether assigned to individuals or in pools of computers 

available for shared use, or personally owned but used for work-related 

purposes; backup disks and tapes, archive disks and tapes, and other 

forms of offline storage, whether stored onsite with the computer used to 

generate them, stored offsite in another company facility, or stored, 

hosted, or otherwise maintained offsite by a third-party; and computers 

and related offline storage used by Defendants or Defendants’ 

participating associates, which may include persons who are not 

employees of the company or who do not work on company premises. 

G. “Electronic Data Host” means any person or entity in the business of 

storing, hosting, or otherwise maintaining electronically stored information. 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 5 of 76 Page ID #:343
FTC v. BAM Financial, LLC

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

206-220-6350

H. “Financial Institution” means any bank, savings and loan institution, 

credit union, or any financial depository of any kind, including, but not limited to, any 

brokerage house, trustee, broker-dealer, escrow agent, title company, commodity 

trading company, precious metal dealer, credit or bank debit card processing agent, 

automated clearing house processor, network transaction processor, or other payment 

processor. 

I. “Individual Defendants” means Luis O. Carrera and Roberto Llaury. 

J. “Person” means a natural person, an organization or other legal entity, 

including a corporation, partnership, sole proprietorship, limited liability company, 

association, cooperative, or any other group or combination. 

K. “Receivership Defendants” means BAM Financial, LLC, Everton 

Financial, LLC, Legal Financial Consulting, LLC, as well as any successors, assigns, 

affiliates, and subsidiaries that conduct any business related to the Defendants’ debt 

collection business and which the Receiver has reason to believe are owned or 

controlled in whole or in part by any of the Defendants. 

L. The terms “and” and “or” shall be construed conjunctively or 

disjunctively as necessary to make the applicable phrase or sentence inclusive rather 

than exclusive. 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 6 of 76 Page ID #:344
FTC v. BAM Financial, LLC

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

206-220-6350

ORDER 

I. PROHIBITED CONDUCT 

IT IS THEREFORE ORDERED that in connection with the collection or the 

attempted collection of any debt, Defendants and their successors, assigns, officers, 

agents, servants, employees, and attorneys, and those persons or entities in active 

concert or participation with any of them who receive actual notice of this Order by 

personal service or otherwise, whether acting directly or through any corporation, 

subsidiary, division, or other device, are hereby temporarily restrained and enjoined 

from: 

A. Misrepresenting, or assisting others who are misrepresenting, expressly 

or by implication, orally or in writing, any of the following: 

1. that any Defendant or any other person is a process server, or 

working with a process server, and is seeking to serve a consumer 

with legal papers pertaining to a lawsuit against such consumer; 

2. that any Defendant or any other person is employed by, or working 

with, a lawyer who has reviewed a consumer’s case and is 

preparing a lawsuit against the consumer; 

3. that non-payment of a purported debt will result in a consumer’s 

arrest, or in seizure, garnishment, or attachment of a consumer’s 

property or wages; 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 7 of 76 Page ID #:345
FTC v. BAM Financial, LLC

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915 Second Ave., Suite 2896 

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4. that Defendants or any other person has filed, or intends to file 

imminently, a lawsuit against a consumer; or 

5. the character, amount, or legal status of a debt; 

B. Communicating with third parties for purposes other than acquiring 

location information about a consumer, without having obtained directly 

the prior consent of the consumer or the express permission of a court of 

competent jurisdiction, and when not reasonably necessary to effectuate a 

post judgment judicial remedy; 

C. Placing telephone calls without meaningfully disclosing the caller’s 

identity; 

D. Failing to disclose or disclose adequately in the initial communication 

with a consumer, that any Defendant or any other person is a debt 

collector attempting to collect a debt and that any information obtained 

will be used for that purpose; 

E. Threatening to take action that is not lawful or that any Defendant or any 

other person does not intend to take; 

F. Using any false representation or deceptive means to collect or attempt to 

collect a debt, or to obtain information concerning a consumer; 

G. Failing to provide consumers, within five days after the initial 

communication with a consumer, a written notice containing: (1) the 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 8 of 76 Page ID #:346
FTC v. BAM Financial, LLC

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

Seattle, WA 98174 

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amount of the debt; (2) the name of the creditor to whom the debt is 

owed; (3) a statement that unless the consumer, within thirty days after 

receipt of the notice, disputes the validity of the debt, or any portion 

thereof, the debt will be assumed to be valid by Defendants; (4) a 

statement that if the consumer notifies Defendants in writing within the 

thirty-day period that the debt, or any portion thereof, is disputed, 

Defendants will obtain verification of the debt or a copy of a judgment 

against the consumer and a copy of such verification or judgment will be 

mailed to the consumer by Defendants; and (5) a statement that, upon the 

consumer’s written request within the thirty-day period, Defendants will 

provide the consumer with the name and address of the original creditor, 

if different from the current creditor; 

H. Using obscene or profane language or language the natural consequence 

of which is to abuse the hearer or reader; 

I. Causing a telephone to ring or engaging any person in telephone 

conversation repeatedly or continuously with intent to annoy, abuse, or 

harass any person at the called number; and 

J. Engaging in any other conduct that violates the FDCPA, 15 U.S.C. §§ 

1692-1692p. 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 9 of 76 Page ID #:347
FTC v. BAM Financial, LLC

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FEDERAL TRADE COMMISSION

915 Second Ave., Suite 2896 

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206-220-6350

II. ASSET FREEZE 

IT IS FURTHER ORDERED that Defendants are hereby temporarily restrained and 

enjoined from directly or indirectly:

A. Transferring, liquidating, converting, encumbering, pledging, loaning, 

selling, concealing, dissipating, disbursing, assigning, spending, 

withdrawing, granting a lien or security interest or other interest in, or 

otherwise disposing of any funds, real or personal property, accounts, 

contracts, consumer debt portfolios, consumer lists, or any other assets, 

or any interest therein, wherever located, including outside the United 

States, that are: 

1. owned or controlled, directly or indirectly, by any Defendant, in 

whole or in part, or held, in whole or in part for the benefit of any 

Defendant; 

2. in the actual or constructive possession of any Defendant; or 

3. owned, controlled by, or in the actual or constructive possession of 

any corporation, partnership, trust, foundation, or other entity 

directly or indirectly owned, managed, or controlled by, or under 

common control with any Defendant, 

including but not limited to assets in any account at any Financial 

Institution, customer service agent, commercial mail receiving agency, 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 10 of 76 Page ID #:348
FTC v. BAM Financial, LLC

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mail holding or forwarding company, retirement fund custodian, money 

market or mutual fund, storage company or any other third party, 

including any retainers or other funds held in trust by counsel for any 

Defendant; 

B. Opening, causing to be opened, or otherwise accessing any safe deposit 

boxes, commercial mail boxes, or storage facilities titled in the name of 

any Defendant(s), or subject to access by any Defendant without 

providing the Commission prior notice and an opportunity to inspect the 

contents in order to determine that they contain no assets covered by this 

Section; 

C. Incurring charges or cash advances on any credit card, debit card, or 

checking card issued in the name, singly or jointly, of any Defendant; 

D. Obtaining a personal or secured loan; and 

E. Cashing any checks from consumers, clients, or customers of any 

Defendant. 

The funds, property, and assets affected by this Section shall include: (a) all assets of 

each Defendant as of the time this Order is entered, and (b) those assets obtained after 

entry of this Order that derive from or otherwise relate to any debt collection activities 

that predate the entry of this Order. The restraints imposed by this Section may be 

modified only upon further order of this Court, or with the written consent of counsel 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 11 of 76 Page ID #:349
FTC v. BAM Financial, LLC

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for the FTC. This Section does not prohibit transfers to the Temporary Receiver, as 

specifically required in Section XII (Delivery of Receivership Property), nor does it 

prohibit the repatriation of foreign assets, as specifically required in Section VI 

(Repatriation of Foreign Assets) of this Order. 

III. RETENTION OF ASSETS AND RECORDS BY FINANCIAL 

INSTITUTIONS AND OTHER THIRD PARTIES 

IT IS FURTHER ORDERED that any Financial Institution, trust, entity, or person 

that holds, controls, or maintains custody of any account or asset owned or controlled, 

directly or indirectly, by any Defendant, or has held, controlled, or maintained any 

account or asset of, or on behalf of, any Defendant, upon service with a copy of this 

Order, shall:

A. Hold and retain within its control and prohibit Defendants from 

withdrawing, removing, assigning, transferring, pledging, encumbering, 

disbursing, dissipating, converting, selling, gifting, or otherwise 

disposing of any of the assets, funds, or other property held by or on 

behalf of any Defendant in any account maintained in the name of or for 

the benefit of any Defendant, in whole or in part, except as directed by 

further order of the Court or as directed in writing by the Receiver 

regarding accounts, documents, or assets held in the name of or benefit of 

any Receivership Defendant; 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 12 of 76 Page ID #:350
FTC v. BAM Financial, LLC

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B. Provide the Receiver, the Receiver’s agents, Plaintiff, and Plaintiff’s 

agents immediate access to electronically stored information stored, 

hosted, or otherwise maintained on behalf of any Defendant for forensic 

imaging; 

C. Deny the Defendants access to any safe deposit box titled in the name of 

any Defendant, individually or jointly, or subject to access by any 

Defendant, whether directly or indirectly. 

D. Provide counsel for Plaintiff and the Receiver, within seven (7) business 

days after being served with a copy of this Order, a certified statement 

setting forth: 

1. the identification number of each such account or asset titled 

a. in the name, individually or jointly, of any Defendant; 

b. held on behalf of, or for the benefit of, any Defendant; 

c. owned or controlled by any Defendant; or 

d. otherwise subject to access by any Defendant, directly or 

indirectly; 

2. the balance of each such account, or a description of the nature and 

value of such asset as of the close of business on the day on which 

this Order is served, and, if the account or other asset has been 

closed or removed, the date closed or removed, the total funds 

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FTC v. BAM Financial, LLC

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removed in order to close the account, and the name of the person 

or entity to whom such account or other asset was remitted; 

3. the identification of any safe deposit box that is either titled in the 

name of any Defendant, or is otherwise subject to access by any 

Defendant; and 

4. if an account, safe deposit box, or other asset has been closed or 

removed, the date closed or removed, the balance on such date, and 

the manner in which such account or asset was closed or removed. 

E. Provide counsel for Plaintiff and the Receiver, within seven (7) business 

days after being served with a request, copies of all documents pertaining 

to such account or asset, including but not limited to originals or copies 

of account applications, account statements, underwriting files, 

chargeback records, customer complaints, signature cards, checks, drafts, 

deposit tickets, transfers to and from the accounts, all other debit and 

credit instruments or slips, currency transaction reports, 1099 forms, and 

safe deposit box logs; provided that such institution or custodian may 

charge a reasonable fee. 

IV. FINANCIAL REPORTS AND ACCOUNTING

IT IS FURTHER ORDERED that each Defendant, within seven (7) business days 

of service of this Order, shall prepare and deliver to counsel for the FTC: 

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FTC v. BAM Financial, LLC

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A. For the Individual Defendants, a completed financial statement accurate 

as of the date of service of this Order upon such Defendant (unless 

otherwise agreed upon with FTC counsel) on the form of Attachment A

to this Order captioned, “Financial Statement for Individual Defendant.” 

B. For Corporate Defendants, a completed financial statement accurate as of 

the date of service of this Order upon such Defendant (unless otherwise 

agreed upon with FTC counsel) in the form of Attachment B to this 

Order captioned, “Financial Statement of Corporate Defendant.” 

C. For each Defendant, a completed statement, verified under oath, of all 

payments, transfers or assignments of funds, assets, or property worth 

$2,500 or more since January 1, 2012. Such statement shall include: (a) 

the amount transferred or assigned; (b) the name of each transferee or 

assignee; (c) the date of the transfer or assignment; (d) the method of the 

transfer or assignment, including the name of each Financial Institution 

and the accounts involved; and (e) the type and amount of consideration 

paid the Defendant. 

V. CONSUMER CREDIT REPORTS

IT IS FURTHER ORDERED that Plaintiff may obtain credit reports concerning any 

Defendant pursuant to Section 604(a)(1) of the Fair Credit Reporting Act, 15 U.S.C. 

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FTC v. BAM Financial, LLC

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§ 1681b(a)(1), and that, upon written request, any credit reporting agency from which 

such reports are requested shall provide them to Plaintiff. 

VI. REPATRIATION OF FOREIGN ASSETS

IT IS FURTHER ORDERED that, within seven (7) business days following the 

service of this Order, each Defendant shall: 

A. Provide counsel for the FTC with a full accounting of all assets, accounts, 

funds, and documents outside of the territory of the United States that are 

held either: (1) by them; (2) for their benefit; (3) in trust by or for them, 

individually or jointly; or (4) under their direct or indirect control, 

individually or jointly; 

B. Transfer to the territory of the United States all assets, accounts, funds, 

and documents in foreign countries held either: (1) by them; (2) for their 

benefit; (3) in trust by or for them, individually or jointly; or (4) under 

their direct or indirect control, individually or jointly; 

C. Hold and retain all repatriated assets, accounts, funds, and documents, 

and prevent any transfer, disposition, or dissipation whatsoever of any 

such assets, accounts, funds, or documents; and 

D. Provide the FTC access to all records of accounts or assets of the 

Corporate Defendants and Individual Defendants held by financial 

institutions located outside the territorial United States by signing the 

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FTC v. BAM Financial, LLC

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Consent to Release of Financial Records attached to this Order as 

Attachment C. 

VII. NON-INTERFERENCE WITH REPATRIATION 

IT IS FURTHER ORDERED that Defendants, and each of their successors, assigns, 

members, officers, agents, servants, employees, and attorneys, and those persons in 

active concert or participation with them who receive actual notice of this Order by 

personal service or otherwise, whether acting directly or through any entity, 

corporation, subsidiary, division, affiliate or other device, are hereby temporarily 

restrained and enjoined from taking any action, directly or indirectly, which may 

result in the encumbrance or dissipation of foreign assets, or in the hindrance of the 

repatriation required by Section VI of this Order, including but not limited to: 

A. Sending any communication, statement, letter, fax, e-mail or wire 

transmission, telephoning or engaging in any other act, directly or 

indirectly, that results in a determination by a foreign trustee or other 

entity that a “duress” event has occurred under the terms of a foreign 

trust agreement, until such time that all assets have been fully repatriated 

pursuant to Section VI of this Order; and 

B. Notifying any trustee, protector or other agent of any foreign trust or 

other related entities of either the existence of this Order, or of the fact 

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FTC v. BAM Financial, LLC

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that repatriation is required pursuant to a Court Order, until such time 

that all assets have been fully repatriated pursuant to Section VI. 

VIII. APPOINTMENT OF RECEIVER

IT IS FURTHER ORDERED that Thomas W. McNamara is appointed Receiver for 

the business activities of the Receivership Defendants with the full power of an equity 

receiver. The Receiver shall be the agent of this Court and solely the agent of this 

Court in acting as Receiver under this Order. The Receiver shall be accountable 

directly to this Court. The Receiver shall comply with any laws and Local Rules of 

this Court governing receivers, including but not limited to Local Rules 66-1 through 

66-5.1 and Local Rule 66-8. 

IX. DUTIES OF RECEIVER

IT IS FURTHER ORDERED that the Receiver is directed and authorized to 

accomplish the following: 

A. Assume full control of the Receivership Defendants by removing, as the 

Receiver deems necessary or advisable, any director, officer, independent 

contractor, employee, or agent of any of the Receivership Defendants, 

including any named Defendant, from control of, management of, or 

participation in, the affairs of the Receivership Defendants; 

B. Take exclusive custody, control, and possession of all assets, documents, 

and electronically stored information of, or in the possession, custody, or 

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FTC v. BAM Financial, LLC

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under the control of, the Receivership Defendants, wherever situated. 

The Receiver shall have full power to divert mail and to sue for, collect, 

receive, take in possession, hold, and manage all assets and documents of 

the Receivership Defendants and other persons or entities whose interests 

are now held by or under the direction, possession, custody, or control of 

the Receivership Defendants. Provided, however, that the Receiver shall 

not attempt to collect or receive any amount from a consumer if the 

Receiver believes the consumer was a victim of the unlawful conduct 

alleged in the complaint in this matter; 

C. Take all steps necessary to secure the business premises of the 

Receivership Defendants. Such steps may include, but are not limited to, 

the following, as the Receiver deems necessary or advisable: 

1. serving and filing this Order; 

2. completing a written inventory of all Receivership assets; 

3. obtaining pertinent information from all employees and other 

agents of the Receivership Defendants, including, but not limited 

to, the name, home address, social security number, job 

description, method of compensation, and all accrued and unpaid 

commissions and compensation of each such employee or agent, 

and all computer hardware and software passwords; 

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FTC v. BAM Financial, LLC

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4. videotaping all portions of the location; 

5. securing the location by changing the locks and disconnecting any 

computer modems or other means of access to the computer or 

other records maintained at that location; 

6. requiring any persons present on the premises at the time this 

Order is served to leave the premises, to provide the Receiver with 

proof of identification, or to demonstrate to the satisfaction of the 

Receiver that such persons are not removing from the premises 

documents or assets of the Receivership Defendants; and 

7. requiring all employees, independent contractors, and consultants 

of the Receivership Defendants to complete a questionnaire 

submitted by the Receiver; 

D. Conserve, hold, and manage all Receivership assets, and perform all acts 

necessary or advisable to preserve the value of those assets, in order to 

prevent any irreparable loss, damage, or injury to consumers or to 

creditors of the Receivership Defendants, including, but not limited to, 

obtaining an accounting of the assets and preventing transfer, withdrawal, 

or misapplication of assets; 

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FTC v. BAM Financial, LLC

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E. Liquidate any and all securities or commodities owned by or for the 

benefit of the Receivership Defendants that the Receiver deems to be 

advisable or necessary; 

F. Enter into contracts and purchase insurance as the Receiver deems to be 

advisable or necessary; 

G. Prevent the inequitable distribution of assets and determine, adjust, and 

protect the interests of consumers and creditors who have transacted 

business with the Receivership Defendants; 

H. Manage and administer the business of the Receivership Defendants until 

further order of this Court by performing all incidental acts that the 

Receiver deems to be advisable or necessary, which includes retaining, 

hiring, or dismissing any employees, independent contractors, or agents; 

I. Choose, engage, and employ attorneys, accountants, appraisers, and other 

independent contractors and technical specialists as the Receiver deems 

advisable or necessary in the performance of duties and responsibilities 

under the authority granted by this Order, including but not limited to the 

law firm in which the Receiver is a partner; 

J. Make payments and disbursements from the Receivership estate that are 

necessary or advisable for carrying out the directions of, or exercising the 

authority granted by, this Order. The Receiver shall apply to the Court 

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FTC v. BAM Financial, LLC

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for prior approval of any payment of any debt or obligation incurred by 

the Receivership Defendants prior to the date of entry of this Order, 

except payments that the Receiver deems necessary or advisable to 

secure assets of the Receivership Defendants, such as rental payments; 

K. Determine and implement the manner in which the Receivership 

Defendants will comply with, and prevent violations of, this Order and 

all other applicable laws, including, but not limited to, revising collection 

materials and implementing monitoring procedures; 

L. Institute, compromise, adjust, appear in, intervene in, or become party to 

such actions or proceedings in state, federal, or foreign courts that the 

Receiver deems necessary and advisable to preserve or recover the assets 

of the Receivership Defendants, or that the Receiver deems necessary and 

advisable to carry out the Receiver’s mandate under this Order, provided 

that, before taking any of the action contemplated under this subsection 

(Section IX(L)), the Receiver shall provide Plaintiff with notice of its 

intent to take such action at least five (5) business days before taking the 

action; 

M. Defend, compromise, adjust, or otherwise dispose of any or all actions or 

proceedings instituted in the past or in the future against the Receiver in 

his role as Receiver, or against the Receivership Defendants, that the 

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FTC v. BAM Financial, LLC

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Receiver deems necessary and advisable to preserve the assets of the 

Receivership Defendants or that the Receiver deems necessary and 

advisable to carry out the Receiver’s mandate under this Order; 

N. Continue and conduct the business of the Receivership Defendants in 

such manner, to such extent, and for such duration as the Receiver may in 

good faith deem to be necessary or appropriate to operate the business 

profitably and lawfully, if at all; provided, however, that the continuation 

and conduct of the business shall be conditioned upon the Receiver’s 

good faith determination that the businesses can be lawfully operated at a 

profit using the assets of the receivership estate; 

O. Take depositions and issue subpoenas to obtain documents and records 

pertaining to the receivership estate and compliance with this Order. 

Subpoenas may be served by agents or attorneys of the Receiver and by 

agents of any process server retained by the Receiver; 

P. Open one or more bank accounts in the Central or Southern District of 

California as designated depositories for funds of the Receivership 

Defendants. The Receiver shall deposit all funds of the Receivership 

Defendants in such a designated account and shall make all payments and 

disbursements from the receivership estate from such account(s); 

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FTC v. BAM Financial, LLC

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Q. Maintain accurate records of all receipts and expenditures that the 

Receiver makes as Receiver; 

R. Cooperate with reasonable requests for information or assistance from 

any state or federal law enforcement agency; and 

S. Be responsible for maintaining the chain of custody of all of Defendants’ 

records in his possession, pursuant to procedures to be established in 

writing with the approval of the FTC. 

X. RECEIVER’S AND FTC’S IMMEDIATE ACCESS TO 

BUSINESS PREMISES AND RECORDS 

IT IS FURTHER ORDERED that: 

A. Defendants and their officers, agents, directors, employees, salespersons, 

independent contractors, attorneys, corporations, subsidiaries, affiliates, 

successors, and assigns, and all other persons or entities in active concert 

or participation with them, who receive actual notice of this Order by 

personal service, facsimile, email, or otherwise, whether acting directly 

or through any trust, corporation, subsidiary, division, or other device, or 

any of them, shall 

1. Immediately identify to FTC’s counsel and the Receiver: 

a. All of Defendants’ business premises; 

b. Any premises where any Defendant conducts business, debt 

collection operations, or customer service operations; 

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FTC v. BAM Financial, LLC

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c. Any premises where documents or electronically stored 

information related to the business, debt collection 

operations, or customer service operations of any Defendant 

are hosted, stored, or otherwise maintained, including but 

not limited to the name and location of any electronic data 

hosts; and 

d. Any premises where assets belonging to any Defendant are 

stored or maintained; 

2. Allow the FTC and the Receiver, and their respective 

representatives, agents, attorneys, investigators, paralegals, 

contractors, or assistants immediate access to: 

a. All of the Defendants’ business premises, including but not 

limited to those located at of 2101 Business Center Dr., 

Suite 215, Irvine, CA 92612, and such other business 

locations that are wholly or partially owned, rented, leased, 

or under the temporary or permanent control of any 

Defendant; 

b. Any other non-residence premises where the Defendants 

conduct business, collections operations or customer service 

operations; 

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c. Any non-residence premises where documents related to the 

Defendants’ businesses are stored or maintained; 

d. Any non-residence premises where assets belonging to any 

Defendant are stored or maintained; and 

e. Any documents and electronically stored information 

located at any of the locations described in this Section X; 

and 

3. Provide the FTC and the Receiver, and their respective 

representatives, agents, attorneys, investigators, paralegals, 

contractors, or assistants with any necessary means of access to 

copy, and forensically image documents or electronically stored 

information, including, without limitation, the locations of 

Receivership Defendants’ business premises, keys and 

combinations to business premises locks, computer access codes of 

all computers used to conduct Receivership Defendants’ business, 

access to (including but not limited to execution of any documents 

necessary for access to and forensic imaging of) any data stored, 

hosted or otherwise maintained by an electronic data host, and 

storage area access information. 

4. If the Receiver has cause to believe that any Individual Defendant 

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with a smartphone or tablet has used that device in part for 

business purposes related to any Receivership Defendant, and the 

device is located on receivership premises, the Individual 

Defendant will turn over the device to the Receiver for imaging. 

Within two business days, the Receiver will return the device to 

the Individual Defendant, provide the Individual Defendant with a 

copy, provide the FTC with a copy, and retain a copy. The 

Receiver may request that the FTC conduct the imaging, but only 

under the Receiver’s supervision. 

B. The FTC and the Receiver are authorized to employ the assistance of law 

enforcement officers, including but not limited to, the United States 

Postal Inspection Service, the Federal Bureau of Investigation, and the 

Irvine Police Department to effect service, to implement the provisions of 

this Order, and to keep the peace. The Receiver shall allow the FTC and 

its representatives, agents, contractors, or assistants into the premises and 

facilities described in this Section to inspect, inventory, image, and copy 

documents or electronically stored information relevant to any matter 

contained in this Order. Counsel for the FTC and the Receiver may 

exclude Defendants and their agents and employees from the business 

premises and facilities during the immediate access. No one shall 

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FTC v. BAM Financial, LLC

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interfere with the FTC’s or Receiver’s inspection of the Defendants’ 

premises or documents. 

C. The Receiver and the FTC shall have the right to remove any documents 

related to Defendants’ business practices from the premises in order that 

they may be inspected, inventoried, and copied. The materials so 

removed shall be returned within five (5) business days of completing 

said inventory and copying. If any property, records, documents, or 

computer files relating to the Receivership Defendants’ finances or 

business practices are located in the residence of any Individual 

Defendant or are otherwise in the custody or control of any Individual 

Defendant, then such Defendant shall produce them to the Receiver 

within twenty-four (24) hours of service of this Order. In order to 

prevent the destruction of computer data, upon service of this Order upon 

Defendants, any such computers shall be powered down (turned off) in 

the normal course for the operating systems used on such computers and 

shall not be powered up or used again until produced for copying and 

inspection, along with any codes needed for access. The FTC’s and the 

Receiver’s representatives may also photograph or videotape the inside 

and outside of all premises to which they are permitted access by this 

Order, and all documents and other items found on such premises. 

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FTC v. BAM Financial, LLC

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D. The FTC’s access to the Defendants’ documents pursuant to this 

provision shall not provide grounds for any Defendant to object to any 

subsequent request for documents served by the FTC. 

E. The Receiver shall allow the Corporate Defendants and Individual 

Defendants reasonable access to the premises and business records of the 

Receivership Defendants within his possession for the purpose of 

inspecting and copying materials relevant to this action. The Receiver 

shall have the discretion to determine the time, manner, and reasonable 

conditions of such access. 

XI. COOPERATION WITH RECEIVER

IT IS FURTHER ORDERED that: 

A. Defendants, and their officers, agents, directors, servants, employees, 

salespersons, independent contractors, attorneys, corporations, 

subsidiaries, affiliates, successors, and assigns, all other persons or 

entities in active concert or participation with them, who receive actual 

notice of this Order by personal service or otherwise, whether acting 

directly or through any trust, corporation, subsidiary, division, or other 

device, or any of them, shall fully cooperate with and assist the Receiver. 

Defendants’ cooperation and assistance shall include, but not be limited 

to: 

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1. Providing any information to the Receiver that the Receiver deems 

necessary to exercising the authority and discharging the 

responsibilities of the Receiver under this Order, including but not 

limited to allowing the Receiver to inspect documents and assets 

and to partition office space; 

2. Providing any password and executing any documents required to 

access any computer or electronic files in any medium, including 

but not limited to electronically stored information stored, hosted 

or otherwise maintained by an electronic data host; and 

3. Advising all persons who owe money to the Receivership 

Defendants that all debts should be paid directly to the Receiver. 

B. Defendants and their officers, directors, agents, servants, employees, 

attorneys, successors, assigns, and all other persons or entities directly or 

indirectly, in whole or in part, under their control, and all other persons in 

active concert or participation with them who receive actual notice of this 

Order by personal service or otherwise, are hereby temporarily restrained 

and enjoined from directly or indirectly: 

1. Transacting any of the business of the Receivership Defendants; 

2. Destroying, secreting, erasing, mutilating, defacing, concealing, 

altering, transferring or otherwise disposing of, in any manner, 

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directly or indirectly, any documents, electronically stored 

information, or equipment of any Defendant, including but not 

limited to contracts, agreements, consumer files, consumer lists, 

consumer addresses and telephone numbers, debt portfolios, 

correspondence, advertisements, brochures, sales material, sales 

presentations, documents evidencing or referring to Defendants’ 

services, debt collection training materials, debt collection scripts, 

data, computer tapes, disks, or other computerized records, books, 

written or printed records, handwritten notes, telephone logs, 

“verification” or “compliance” tapes or other audio or video tape 

recordings, receipt books, invoices, postal receipts, ledgers, 

personal and business canceled checks and check registers, bank 

statements, appointment books, copies of federal, state or local 

business or personal income or property tax returns, photographs, 

mobile devices, electronic storage media, accessories, and any 

other documents, records or equipment of any kind that relate to 

the business practices or business or personal finances of the 

Defendants or any other entity directly or indirectly under the 

control of the Defendants; 

3. Transferring, receiving, altering, selling, encumbering, pledging, 

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assigning, liquidating, or otherwise disposing of any assets owned, 

controlled, or in the possession or custody of, or in which an 

interest is held or claimed by, the Receivership Defendants, or the 

Receiver; 

4. Excusing debts owed to the Receivership Defendants; 

5. Failing to notify the Receiver of any asset, including accounts, of a 

Receivership Defendant held in any name other than the name of 

the Receivership Defendant, or by any person or entity other than 

the Receivership Defendant, or failing to provide any assistance or 

information requested by the Receiver in connection with 

obtaining possession, custody, or control of such assets; 

6. Failing to create and maintain books, records, and accounts which, 

in reasonable detail, accurately, fairly, and completely reflect the 

incomes, assets, disbursements, transactions and use of monies by 

the Defendants or any other entity directly or indirectly under the 

control of the Defendants; 

7. Doing any act or refraining from any act whatsoever to interfere 

with the Receiver’s taking custody, control, possession, or 

managing of the assets or documents subject to this Receivership; 

or to harass or to interfere with the Receiver in any way; or to 

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interfere in any manner with the exclusive jurisdiction of this Court 

over the assets or documents of the Receivership Defendants; or to 

refuse to cooperate with the Receiver or the Receiver’s duly 

authorized agents in the exercise of their duties or authority under 

any Order of this Court; and 

8. Filing, or causing to be filed, any petition on behalf of the 

Receivership Defendants for relief under the United States 

Bankruptcy Code, 11 U.S.C. § 101 et seq., without prior 

permission from this Court. 

XII. DELIVERY OF RECEIVERSHIP PROPERTY

IT IS FURTHER ORDERED that: 

A. Immediately upon service of this Order upon them or upon their 

otherwise obtaining actual knowledge of this Order, or within a period 

permitted by the Receiver, Defendants or any other person or entity, 

including but not limited to financial institutions and electronic data 

hosts, shall transfer or deliver access to, possession, custody, and control 

of the following to the Receiver: 

1. All assets of the Receivership Defendants; 

2. All documents and electronically stored information of the 

Receivership Defendants, including, but not limited to, books and 

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records of accounts, all financial and accounting records, balance 

sheets, income statements, bank records (including monthly 

statements, canceled checks, records of wire transfers, records of 

ACH transactions, and check registers), client or customer lists, 

title documents and other papers; 

3. All assets belonging to members of the public now held by the 

Receivership Defendants; 

4. All keys, computer and other passwords, entry codes, 

combinations to locks required to open or gain or secure access to 

any assets or documents of the Receivership Defendants, wherever 

located, including, but not limited to, access to their business 

premises, means of communication, accounts, computer systems, 

or other property; and 

5. Information identifying the accounts, employees, properties, or 

other assets or obligations of the Receivership Defendants. 

B. In the event any person or entity fails to deliver or transfer immediately 

any asset or otherwise fails to comply with any provision of this Section 

XII, the Receiver may file ex parte with the Court an Affidavit of NonCompliance regarding the failure. Upon filing of the affidavit, the Court 

may authorize, without additional process or demand, Writs of 

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Possession or Sequestration or other equitable writs requested by the 

Receiver. The writs shall authorize and direct the United States Marshal 

or any sheriff or deputy sheriff of any county (pursuant to Fed. R. Civ. P. 

4(c)(1)) to seize the asset, document, or other thing and to deliver it to the 

Receiver. 

XIII. COMPENSATION FOR RECEIVER

IT IS FURTHER ORDERED that the Receiver and all personnel hired by the 

Receiver as herein authorized, including counsel to the Receiver and accountants, are 

entitled to reasonable compensation for the performance of duties pursuant to this 

Order, and for the cost of actual out-of-pocket expenses incurred by them, from the 

assets now held by or in the possession or control of, or which may be received by, the 

Receivership Defendants. The Receiver shall file with the Court and serve on the 

parties periodic requests for the payment of such reasonable compensation, with the 

first such request filed no more than sixty (60) days after the date of this Order. The 

Receiver shall not increase the hourly rates used as the bases for such fee applications 

without prior approval of the Court. 

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XIV. RECEIVER’S REPORTS

IT IS FURTHER ORDERED that the Receiver shall report to this Court on or 

before the date set for the hearing to Show Cause regarding the Preliminary 

Injunction, regarding: 

A. The steps taken by the Receiver to implement the terms of this Order; 

B. The value of all liquidated and unliquidated assets of the Receivership 

Defendants; 

C. The sum of all liabilities of the Receivership Defendants; 

D. The steps the Receiver intends to take in the future to: 

1. prevent any diminution in the value of assets of the Receivership 

Defendants, 

2. pursue receivership assets from third parties, and 

3. adjust the liabilities of the Receivership Defendants, if appropriate; 

E. Whether the business of the Receivership Defendants can be operated 

lawfully and profitably; and 

F. Any other matters which the Receiver believes should be brought to the 

Court’s attention. 

Provided, however, if any of the required information would hinder the Receiver’s 

ability to pursue receivership assets, the portions of the Receiver’s report containing 

such information may be filed under seal and not served on the parties. 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 36 of 76 Page ID #:374
FTC v. BAM Financial, LLC

Temporary Restraining Order 37 

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XV. RECEIVER’S BOND

IT IS FURTHER ORDERED that the Receiver shall file with the Clerk of this Court 

a bond in the sum of $ 25,000 with sureties to be approved by the Court, conditioned 

that the Receiver will well and truly perform the duties of the office and abide by and 

perform all acts the Court directs. 

XVI. PROHIBITION ON RELEASE OF CONSUMER INFORMATION

IT IS FURTHER ORDERED that, except as required by a law enforcement agency, 

law, regulation or court order, Defendants, and their officers, agents, servants, 

employees, and attorneys, and all other persons in active concert or participation with 

any of them who receive actual notice of this Order by personal service or otherwise, 

are temporarily restrained and enjoined from selling, disclosing, using, or benefitting 

from consumer information, including the name, address, telephone number, email 

address, social security number, other identifying information, or any data that enables 

access to a consumer’s account (including a credit card, bank account, or other 

financial account), of any person which any Defendant obtained prior to entry of this 

Order in connection with any debt collection service.

XVII. STAY OF ACTIONS

IT IS FURTHER ORDERED that: 

A. Except by leave of this Court, during pendency of the Receivership 

ordered herein, Defendants and all other persons and entities be and 

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FTC v. BAM Financial, LLC

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hereby are stayed from taking any action to establish or enforce any 

claim, right, or interest for, against, on behalf of, in, or in the name of, the 

Receivership Defendants, any of their subsidiaries, affiliates, 

partnerships, assets, documents, or the Receiver or the Receiver’s duly 

authorized agents acting in their capacities as such, including, but not 

limited to, the following actions: 

1. Commencing, prosecuting, continuing, entering, or enforcing any 

suit or proceeding, except that such actions may be filed to toll any 

applicable statute of limitations; 

2. Accelerating the due date of any obligation or claimed obligation; 

filing or enforcing any lien; taking or attempting to take 

possession, custody, or control of any asset; attempting to 

foreclose, forfeit, alter, or terminate any interest in any asset, 

whether such acts are part of a judicial proceeding, are acts of selfhelp, or otherwise; 

3. Executing, issuing, serving, or causing the execution, issuance or 

service of, any legal process, including, but not limited to, 

attachments, garnishments, subpoenas, writs of replevin, writs of 

execution, or any other form of process whether specified in this 

Order or not; or 

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4. Doing any act or thing whatsoever to interfere with the Receiver 

taking custody, control, possession, or management of the assets or 

documents subject to this Receivership, or to harass or interfere 

with the Receiver in any way, or to interfere in any manner with 

the exclusive jurisdiction of this Court over the assets or 

documents of the Receivership Defendants; 

B. This Section XVII does not stay: 

1. The commencement or continuation of a criminal action or 

proceeding; 

2. The commencement or continuation of an action or proceeding by 

a governmental unit to enforce such governmental unit’s police or 

regulatory power; 

3. The enforcement of a judgment, other than a money judgment, 

obtained in an action or proceeding by a governmental unit to 

enforce such governmental unit’s police or regulatory power; or 

4. The issuance to a Receivership Defendant of a notice of tax 

deficiency; and 

C. Except as otherwise provided in this Order, all persons and entities in 

need of documentation from the Receiver shall in all instances first 

attempt to secure such information by submitting a formal written request 

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to the Receiver, and, if such request has not been responded to within 

thirty (30) days of receipt by the Receiver, any such person or entity may 

thereafter seek an Order of this Court with regard to the relief requested. 

XVIII. LIMITED EXPEDITED DISCOVERY

IT IS FURTHER ORDERED that the FTC is granted leave to conduct certain 

expedited discovery, and that, commencing with the time and date of this Order, in 

lieu of the time periods, notice provisions, and other requirements of Rules 26, 30, 34, 

and 45 of the Federal Rules of Civil Procedure, expedited discovery as to parties and 

non-parties shall proceed as follows: 

A. The FTC may, upon seven (7) calendar days’ notice, take the deposition 

of any person or entity, whether or not a party, in any judicial district, for 

the purpose of discovering: (1) the assets of Defendants; (2) location of 

documents; and (3) compliance with this Order. Depositions may be 

conducted telephonically or in person. Deposition transcripts that have 

not been signed by the witness may be used at the preliminary injunction 

hearing in this matter. Provided that, notwithstanding Federal Rule of 

Civil Procedure 30(a)(2), this Section shall not preclude any future 

depositions by the FTC. Provided further, that any deposition taken 

pursuant to this Section shall be in addition to, and not subject to, the 

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presumptive limits on depositions set forth in Federal Rule of Civil 

Procedure 30(a)(2)(A). 

B. The FTC may serve interrogatories for the purpose of discovering: (1) 

the assets of Defendants; (2) location of documents; and (3) compliance 

with this Order. Defendants shall respond within seven (7) calendar 

days after the FTC serves such interrogatories. Provided that,

notwithstanding Federal Rule of Civil Procedure 33(a)(1), this 

Subsection shall not preclude any future interrogatories by the FTC. 

C. The FTC may, upon seven (7) calendar days’ notice, including through 

the use of a Rule 45 Subpoena, demand the production of documents 

from any person or entity, whether or not a Defendant, relating to: (1) the 

assets of Defendants; (2) the location of documents; and (3) compliance 

with this Order. Provided that two (2) calendar days’ notice shall be 

deemed sufficient for the production of any such documents that are 

maintained or stored only as electronic data. 

D. The FTC is granted leave to subpoena documents immediately from any 

financial institution, account custodian, or other entity or person that 

holds, controls, or maintains custody of any account or asset of any 

Defendant(s), or has held, controlled or maintained custody of any 

account or asset of any Defendant(s). The subject of such Subpoena may 

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include the nature, location, status, and extent of Defendants’ assets, and 

compliance with this Order, and such financial institution, account 

custodian or other entity shall respond to such subpoena within five (5) 

business days after service. 

E. For purposes of discovery pursuant to this Section, service shall be 

sufficient if made by facsimile or by overnight courier to any branch or 

location. 

IXX. MONITORING

IT IS FURTHER ORDERED that employees, agents, or representatives of the FTC 

may contact Defendants or Defendants’ employees, agents, or representatives directly 

and anonymously for the purpose of monitoring compliance with this Order, and may 

tape record any oral communications that occur in the course of such contacts. 

XX. SERVICE OF THIS ORDER

IT IS FURTHER ORDERED that copies of this Order may be served by any means, 

including facsimile, U.S. first class mail, private courier, email, or other electronic 

means, by agents and employees of the FTC or any state or federal law enforcement 

agency or by private process server, on Defendants or any other persons or entities 

that may be subject to any provision of this Order. 

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XXI. DISTRIBUTION OF ORDER BY DEFENDANTS

IT IS FURTHER ORDERED that within three (3) calendar days after service of this 

Order, Defendants shall provide a copy of this Order to each of their agents, 

employees, directors, officers, subsidiaries, affiliates, attorneys, independent 

contractors, representatives, franchisees, and all persons in active concert or 

participation with Defendants. Within five (5) calendar days following this Order, 

Defendants shall provide the FTC with an affidavit identifying the names, titles, 

addresses, and telephone numbers of the persons that Defendants have served with a 

copy of this Order in compliance with this provision. 

XXII. CORRESPONDENCE WITH PLAINTIFF

IT IS FURTHER ORDERED that, for the purposes of this Order, because mail 

addressed to the FTC is subject to delay due to heightened security screening, all 

correspondence and service of pleadings on Plaintiff shall be sent either via electronic 

transmission or via Federal Express to: Connor Shively, Federal Trade Commission, 

915 2nd Ave., Suite 2896. Email: cshively@ftc.gov; Telephone: (206) 220-4487; 

Facsimile: (206) 220-6366. 

XXIII. ORDER TO SHOW CAUSE AND 

PRELIMINARY INJUNCTION HEARING 

IT IS FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 65(b), 

that Defendants shall appear on the 4th day of November, 2015, at 3:30 p.m. at the 

United States Courthouse, Courtroom 10C, Santa Ana, California, to show cause, if 

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any there be, why this Court should not enter a preliminary injunction, pending final 

ruling on the complaint, against Defendants, enjoining them from further violations of 

the FTC Act and the FDCPA, and imposing such additional relief as may be 

appropriate. 

XXIV. SERVICE OF PLEADINGS, EVIDENCE, WITNESS LISTS 

IT IS FURTHER ORDERED that: 

A. Defendants shall file any answering affidavits, pleadings, or legal 

memoranda with the Court and serve the same on counsel for the FTC no 

later than five (5) business days prior to the preliminary injunction 

hearing in this matter. The FTC may file responsive or supplemental 

pleadings, materials, affidavits, or memoranda with the Court and serve 

the same on counsel for Defendants no later than two (2) (1) business day 

prior to the preliminary injunction hearing in this matter. Provided that

service shall be performed by personal or overnight delivery, facsimile, 

or email, and documents shall be delivered so that they shall be received 

by the other parties no later than 4 p.m. (EDT) on the appropriate dates 

listed in this Subsection; 

B. The question of whether this Court should enter a preliminary injunction 

pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the 

Defendants during the pendency of this action shall be resolved on the 

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pleadings, declarations, exhibits, and memoranda filed by, and oral 

argument of, the parties. Live testimony shall be heard only on further 

order of this Court on motion filed with the Court and served on counsel 

for the other parties at least five (5) business days prior to the preliminary 

injunction hearing in this matter. Such motion shall set forth the name, 

address, and telephone number of each proposed witness, a detailed 

summary or affidavit disclosing the substance of each proposed witness’ 

expected testimony, and an explanation of why the taking of live 

testimony would be helpful to this Court. Any papers opposing a timely 

motion to present live testimony or to present live testimony in response 

to live testimony to be presented by another party shall be filed with this 

Court and served on the other parties at least three (3) business days prior 

to the preliminary injunction hearing in this matter. Provided that service 

shall be performed by personal or overnight delivery or by facsimile or 

email, and documents shall be delivered so that they shall be received by 

the other parties no later than 4 p.m. (EDT) on the appropriate dates 

listed in this Sub-section. 

XXV. DURATION OF ORDER

IT IS FURTHER ORDERED that the Temporary Restraining Order granted herein 

shall expire on the 4th day of November, 2015, at 3:30 o’clock p.m., unless within 

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such time, the Order, for good cause shown, is extended for an additional period not to 

exceed fourteen (14) calendar days, or unless it is further extended pursuant to 

Federal Rule of Civil Procedure 65. 

XXVI. JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter 

for all purposes. 

 IT IS SO ORDERED, this 21st day of October, 2015, at 3:30 o’clock p.m. 

 ________________________________ 

 UNITED STATES DISTRICT JUDGE 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 46 of 76 Page ID #:384
ATTACHMENT A 

 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 47 of 76 Page ID #:385
Federal Trade Commission Financial Statement of Individual Defendant 

FEDERAL TRADE COMMISSION 

FINANCIAL STATEMENT OF INDIVIDUAL DEFENDANT 

 

Definitions and Instructions: 

1. Complete all items. Enter “None” or “N/A” (“Not Applicable”) in the first field only of any item that does not apply 

to you. If you cannot fully answer a question, explain why. 

2. “Dependents” include your spouse, live-in companion, dependent children, or any other person, whom you or your 

spouse (or your children’s other parent) claimed or could have claimed as a dependent for tax purposes at any 

time during the past five years. 

3. “Assets” and “Liabilities” include ALL assets and liabilities, located within the United States or any foreign country 

or territory, whether held individually or jointly and whether held by you, your spouse, or your dependents, or held 

by others for the benefit of you, your spouse, or your dependents. 

4. Attach continuation pages as needed. On the financial statement, state next to the Item number that the Item is 

being continued. On the continuation page(s), identify the Item number(s) being continued. 

5. Type or print legibly. 

6. Initial each page in the space provided in the lower right corner. 

7. Sign and date the completed financial statement on the last page. 

Penalty for False Information: 

Federal law provides that any person may be imprisoned for not more than five years, fined, or both, if such person: 

 (1) “in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the 

United States, knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or devise a material fact; 

makes any materially false, fictitious or fraudulent statement or representation; or makes or uses any false writing or 

document knowing the same to contain any materially false, fictitious or fraudulent statement or entry” (18 U.S.C. § 1001); 

 (2) “in any . . . statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, 

willfully subscribes as true any material matter which he does not believe to be true” (18 U.S.C. § 1621); or 

 (3) “in any ( . . . statement under penalty of perjury as permitted under section 1746 of title 28, United States 

Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false 

material declaration or makes or uses any other information . . . knowing the same to contain any false material 

declaration” (18 U.S.C. § 1623). 

For a felony conviction under the provisions cited above, federal law provides that the fine may be not more than the 

greater of (i) $250,000 for an individual or $500,000 for a corporation, or (ii) if the felony results in pecuniary gain to any

person or pecuniary loss to any person other than the defendant, the greater of twice the gross gain or twice the gross 

loss. 18 U.S.C. § 3571.

TRO Attachment A 

page 1

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 48 of 76 Page ID #:386
 

 1 of 10 Federal Trade Commission Financial Statement of Individual Defendant

BACKGROUND INFORMATION

Item 1. Information About You 

Full Name Social Security No.

 

Current Address of Primary Residence

 

Driver’s License No.

 

State Issued

 

Phone Numbers

Home: ( ) 

Fax: ( ) 

Date of Birth: / /

 (mm/dd/yyyy)

Place of Birth

Rent Own From (Date): / /

 (mm/dd/yyyy)

E-Mail Address

Internet Home Page

 

Previous Addresses for past five years (if required, use additional pages at end of form)

Address

 From: / / Until: / / 

 (mm/dd/yyyy) (mm/dd/yyyy)

Rent Own 

Address

 From: / / Until: / / 

Rent Own 

Address

 From: / / Until: / / 

Rent Own 

Identify any other name(s) and/or social security number(s) you have used, and the time period(s) during which they 

were used: 

Item 2. Information About Your Spouse or Live-In Companion

Spouse/Companion's Name

 

Social Security No.

 

Date of Birth

 / / 

(mm/dd/yyyy)

Address (if different from yours)

 

Phone Number

( )

Place of Birth

 

Rent Own From (Date): / /

 (mm/dd/yyyy)

Identify any other name(s) and/or social security number(s) you have used, and the time period(s) during which they were used:

 

Employer’s Name and Address 

 

Job Title 

Years in Present Job

 

Annual Gross Salary/Wages 

$ 

Item 3. Information About Your Previous Spouse

Name and Address

 

Social Security No.

 

Date of Birth

 / / 

(mm/dd/yyyy)

Item 4. Contact Information (name and address of closest living relative other than your spouse) 

Name and Address

 

Phone Number

( ) 

Initials: 

TRO Attachment A 

page 2

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 2 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 5. Information About Dependents (whether or not they reside with you)

Name and Address

 

Social Security No.

 

Date of Birth

 / / 

(mm/dd/yyyy)

Relationship

Name and Address

 

Social Security No.

 

Date of Birth

 / / 

(mm/dd/yyyy)

Relationship

 

Name and Address

 Social Security No.

 

Date of Birth

 / / 

(mm/dd/yyyy)

Relationship

 

Name and Address

 Social Security No.

 

Date of Birth

 / / 

(mm/dd/yyyy)

Relationship

 

Item 6. Employment Information/Employment Income

Provide the following information for this year-to-date and for each of the previous five full years, for each business entity of which you were a director, 

officer, member, partner, employee (including self-employment), agent, owner, shareholder, contractor, participant or consultant at any time during that 

period. “Income” includes, but is not limited to, any salary, commissions, distributions, draws, consulting fees, loans, loan payments, dividends, 

royalties, and benefits for which you did not pay (e.g., health insurance premiums, automobile lease or loan payments) received by you or anyone else 

on your behalf.

Company Name and Address

 Dates Employed Income Received: Y-T-D & 5 Prior Yrs.

From (Month/Year)

 / 

To (Month/Year)

 / 

Year Income

20 $

Ownership Interest? Yes No $ 

Positions Held From (Month/Year) To (Month/Year) $ 

/ / $ 

/ / $ 

/ / $ 

Company Name and Address

 Dates Employed Income Received: Y-T-D & 5 Prior Yrs.

From (Month/Year)

 / 

To (Month/Year)

 / 

Year Income

20 $

Ownership Interest? Yes No $ 

Positions Held From (Month/Year) To (Month/Year) $ 

/ / $ 

/ / $ 

/ / $ 

Company Name and Address

 Dates Employed Income Received: Y-T-D & 5 Prior Yrs.

From (Month/Year)

 / 

To (Month/Year)

 / 

Year Income

20 $

Ownership Interest? Yes No $ 

Positions Held From (Month/Year) To (Month/Year) $ 

/ / $ 

/ / $ 

/ / $ 

Initials: 

TRO Attachment A 

page 3

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 3 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 7. Pending Lawsuits Filed By or Against You or Your Spouse

List all pending lawsuits that have been filed by or against you or your spouse in any court or before an administrative agency in the United States or in 

any foreign country or territory. Note: At Item 12, list lawsuits that resulted in final judgments or settlements in your favor. At Item 21, list lawsuits that 

resulted in final judgments or settlements against you.

Caption of Proceeding Court or Agency and Location Case No. Nature of 

Proceeding Relief Requested Status or Disposition

Item 8. Safe Deposit Boxes

List all safe deposit boxes, located within the United States or in any foreign country or territory, whether held individually or jointly and whether held by 

you, your spouse, or any of your dependents, or held by others for the benefit of you, your spouse, or any of your dependents.

Name of Owner(s) Name & Address of Depository Institution Box No. Contents

Initials: 

TRO Attachment A 

page 4

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 4 of 10 Federal Trade Commission Financial Statement of Individual Defendant

FINANCIAL INFORMATION

REMINDER: When an item asks for information regarding your “assets” and “liabilities” include ALL assets and liabilities, located within 

the United States or in any foreign country or territory, or institution, whether held individually or jointly, and whether held by you, your 

spouse, or any of your dependents, or held by others for the benefit of you, your spouse, or any of your dependents. In addition, provide 

all documents requested in Item 24 with your completed Financial Statement. 

ASSETS

Item 9. Cash, Bank, and Money Market Accounts

List cash on hand (as opposed to cash in bank accounts or other financial accounts) and all bank accounts, money market accounts, or other financial 

accounts, including but not limited to checking accounts, savings accounts, and certificates of deposit. The term “cash on hand” includes but is not 

limited to cash in the form of currency, uncashed checks, and money orders.

a. Amount of Cash on Hand $ Form of Cash on Hand 

b. Name on Account Name & Address of Financial Institution Account No. Current Balance

$

$

$

$

$

Item 10. Publicly Traded Securities 

List all publicly traded securities, including but not limited to, stocks, stock options, corporate bonds, mutual funds, U.S. government securities (including 

but not limited to treasury bills and treasury notes), and state and municipal bonds. Also list any U.S. savings bonds.

Owner of Security

 

Issuer

 

Type of Security

 

No. of Units Owned

 

Broker House, Address

 

Broker Account No.

Current Fair Market Value

$ 

Loan(s) Against Security

$ 

Owner of Security

 

Issuer

 

Type of Security

 

No. of Units Owned

 

Broker House, Address

 

Broker Account No.

Current Fair Market Value

$ 

Loan(s) Against Security

$ 

Owner of Security

 

Issuer

 

Type of Security

 

No. of Units Owned

 

Broker House, Address

 

Broker Account No.

Current Fair Market Value

$ 

Loan(s) Against Security

$ 

Initials: 

TRO Attachment A 

page 5

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 5 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 11. Non-Public Business and Financial Interests

List all non-public business and financial interests, including but not limited to any interest in a non-public corporation, subchapter-S corporation, limited 

liability corporation (“LLC”), general or limited partnership, joint venture, sole proprietorship, international business corporation or personal investment 

corporation, and oil or mineral lease.

Entity’s Name & Address Type of Business or Financial 

Interest (e.g., LLC, partnership)

Owner

(e.g., self, spouse)

Ownership 

% 

If Officer, Director, Member 

or Partner, Exact Title

Item 12. Amounts Owed to You, Your Spouse, or Your Dependents

Debtor’s Name & Address

 

Date Obligation 

Incurred (Month/Year)

/

Original Amount Owed

$ 

Nature of Obligation (if the result of a final court 

judgment or settlement, provide court name 

and docket number)

Current Amount Owed $ Payment Schedule

$ 

Debtor’s Telephone

 

Debtor’s Relationship to You

 

Debtor’s Name & Address

 

Date Obligation 

Incurred (Month/Year)

/

Original Amount Owed

$ 

Nature of Obligation (if the result of a final court 

judgment or settlement, provide court name 

and docket number)

Current Amount Owed $ Payment Schedule

$ 

Debtor’s Telephone

 

Debtor’s Relationship to You

 

Item 13. Life Insurance Policies 

List all life insurance policies (including endowment policies) with any cash surrender value.

Insurance Company’s Name, Address, & Telephone No.

 

Beneficiary Policy No. Face Value

$

Insured

 

Loans Against Policy

$ 

Surrender Value

$ 

Insurance Company’s Name, Address, & Telephone No.

 

Beneficiary

 

Policy No.

 

Face Value

$ 

Insured

 

Loans Against Policy

$ 

Surrender Value

$ 

Item 14. Deferred Income Arrangements

List all deferred income arrangements, including but not limited to, deferred annuities, pensions plans, profit-sharing plans, 401(k) plans, IRAs, Keoghs, 

other retirement accounts, and college savings plans (e.g., 529 Plans).

Trustee or Administrator’s Name, Address & Telephone No.

 

Name on Account

 

Account No.

 

Date Established

 / / 

(mm/dd/yyyy)

Type of Plan

 

Surrender Value before 

Taxes and Penalties 

$

Trustee or Administrator’s Name, Address & Telephone No.

 

Name on Account Account No.

Date Established

 / / 

Type of Plan

 

Surrender Value before 

Taxes and Penalties 

$

Initials: 

TRO Attachment A 

page 6

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 53 of 76 Page ID #:391
 

 6 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 15. Pending Insurance Payments or Inheritances

List any pending insurance payments or inheritances owed to you.

Type Amount Expected Date Expected (mm/dd/yyyy)

$ / /

$ / /

$ / /

Item 16. Vehicles

List all cars, trucks, motorcycles, boats, airplanes, and other vehicles.

Vehicle Type Year Registered Owner’s Name Purchase Price

$

Original Loan Amount

$

Current Balance

$

Make Registration State & No. Account/Loan No. Current Value

$

Monthly Payment

$

Model

 

Address of Vehicle’s Location

 

Lender’s Name and Address

 

Vehicle Type Year Registered Owner’s Name Purchase Price

$

Original Loan Amount

$

Current Balance

$

Make Registration State & No. Account/Loan No. Current Value

$

Monthly Payment

$

Model

 

Address of Vehicle’s Location

 

Lender’s Name and Address

 

Vehicle Type Year Registered Owner’s Name Purchase Price

$

Original Loan Amount

$

Current Balance

$

Make Registration State & No. Account/Loan No. Current Value

$

Monthly Payment

$

Model

 

Address of Vehicle’s Location

 

Lender’s Name and Address

 

Vehicle Type Year Registered Owner’s Name Purchase Price

$

Original Loan Amount

$

Current Balance

$

Make Registration State & No. Account/Loan No. Current Value

$

Monthly Payment

$

Model

 

Address of Vehicle’s Location

 

Lender’s Name and Address

 

Item 17. Other Personal Property

List all other personal property not listed in Items 9-16 by category, whether held for personal use, investment or any other reason, including but not 

limited to coins, stamps, artwork, gemstones, jewelry, bullion, other collectibles, copyrights, patents, and other intellectual property. 

Property Category

(e.g., artwork, jewelry) Name of Owner Property Location Acquisition Cost Current Value

$ $

$ $

$ $

Initials: 

TRO Attachment A 

page 7

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 54 of 76 Page ID #:392
 

 7 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 18. Real Property

List all real property interests (including any land contract) 

Property’s Location

 

Type of Property

 

Name(s) on Title or Contract and Ownership Percentages

 

Acquisition Date (mm/dd/yyyy)

/ /

Purchase Price

$

Current Value

$

Basis of Valuation

Lender’s Name and Address

 

Loan or Account No.

 

Current Balance On First Mortgage or 

Contract

$

Monthly Payment

$

Other Mortgage Loan(s) (describe)

 

Monthly Payment

$

Rental Unit

Monthly Rent Received

$

Current Balance

$

Property’s Location

 

Type of Property

 

Name(s) on Title or Contract and Ownership Percentages

 

Acquisition Date (mm/dd/yyyy)

 / / 

Purchase Price

$

Current Value

$

Basis of Valuation

Lender’s Name and Address

 

Loan or Account No.

 

Current Balance On First Mortgage or 

Contract

$

Monthly Payment

$

Other Mortgage Loan(s) (describe)

 

Monthly Payment

$

Rental Unit

Monthly Rent Received

$ Current Balance

$

LIABILITIES

Item 19. Credit Cards 

List each credit card account held by you, your spouse, or your dependents, and any other credit cards that you, your spouse, or your dependents use, 

whether issued by a United States or foreign financial institution.

Name of Credit Card (e.g., Visa, 

MasterCard, Department Store) Account No. Name(s) on Account Current Balance

$

$

$

$

$

Item 20. Taxes Payable

List all taxes, such as income taxes or real estate taxes, owed by you, your spouse, or your dependents. 

Type of Tax Amount Owed Year Incurred

$

$

$

Initials: 

TRO Attachment A 

page 8

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 55 of 76 Page ID #:393
 

 8 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 21. Other Amounts Owed by You, Your Spouse, or Your Dependents

List all other amounts, not listed elsewhere in this financial statement, owed by you, your spouse, or your dependents. 

Lender/Creditor’s Name, Address, and Telephone No.

 

Nature of Debt (if the result of a court judgment or settlement, provide court name and docket 

number)

 

Lender/Creditor’s Relationship to You

 

Date Liability Was Incurred

 / / 

(mm/dd/yyyy)

Original Amount Owed

$ 

Current Amount Owed

$ 

Payment Schedule

 

Lender/Creditor’s Name, Address, and Telephone No.

 

Nature of Debt (if the result of a court judgment or settlement, provide court name and docket 

number)

 

Lender/Creditor’s Relationship to You

 

Date Liability Was Incurred

 / / 

(mm/dd/yyyy)

Original Amount Owed

$ 

Current Amount Owed

$ 

Payment Schedule

 

OTHER FINANCIAL INFORMATION

Item 22. Trusts and Escrows

List all funds and other assets that are being held in trust or escrow by any person or entity for you, your spouse, or your dependents. Include any legal 

retainers being held on your behalf by legal counsel. Also list all funds or other assets that are being held in trust or escrow by you, your spouse, or your 

dependents, for any person or entity. 

Trustee or Escrow Agent’s Name & Address Date Established

(mm/dd/yyyy) Grantor Beneficiaries Present Market Value of Assets*

/ / $

/ / $

/ / $

*If the market value of any asset is unknown, descr be the asset and state its cost, if you know it.

Item 23. Transfers of Assets 

List each person or entity to whom you have transferred, in the aggregate, more than $5,000 in funds or other assets during the previous five years by 

loan, gift, sale, or other transfer (exclude ordinary and necessary living and business expenses paid to unrelated third parties). For each such person or 

entity, state the total amount transferred during that period.

Transferee’s Name, Address, & Relationship Property Transferred Aggregate Value* Transfer Date

(mm/dd/yyyy)

Type of Transfer

(e.g., Loan, Gift)

$ / /

$ / /

$ / /

*If the market value of any asset is unknown, descr be the asset and state its cost, if you know it.

Initials: 

TRO Attachment A 

page 9

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 56 of 76 Page ID #:394
 

 9 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 24. Document Requests 

Provide copies of the following documents with your completed Financial Statement.

Federal tax returns filed during the last three years by or on behalf of you, your spouse, or your dependents. 

All applications for bank loans or other extensions of credit (other than credit cards) that you, your spouse, or your 

dependents have submitted within the last two years, including by obtaining copies from lenders if necessary.

Item 9 For each bank account listed in Item 9, all account statements for the past 3 years.

Item 11

For each business entity listed in Item 11, provide (including by causing to be generated from accounting records) the 

most recent balance sheet, tax return, annual income statement, the most recent year-to-date income statement, and all 

general ledger files from account records.

Item 17

All appraisals that have been prepared for any property listed in Item 17, including appraisals done for insurance 

purposes. You may exclude any category of property where the total appraised value of all property in that category is 

less than $2,000.

Item 18 All appraisals that have been prepared for real property listed in Item 18.

Item 21 Documentation for all debts listed in Item 21.

Item 22 All executed documents for any trust or escrow listed in Item 22. Also provide any appraisals, including insurance 

appraisals that have been done for any assets held by any such trust or in any such escrow. 

SUMMARY FINANCIAL SCHEDULES

Item 25. Combined Balance Sheet for You, Your Spouse, and Your Dependents

Assets Liabilities

Cash on Hand (Item 9) $ Loans Against Publicly Traded Securities (Item 10) $

Funds Held in Financial Institutions (Item 9) $ Vehicles - Liens (Item 16) $

U.S. Government Securities (Item 10) $ Real Property – Encumbrances (Item 18) $

Publicly Traded Securities (Item 10) $ Credit Cards (Item 19) $

Non-Public Business and Financial Interests (Item 11) $ Taxes Payable (Item 20) $

Amounts Owed to You (Item 12) $ Amounts Owed by You (Item 21) $

Life Insurance Policies (Item 13) $ Other Liabilities (Itemize)

Deferred Income Arrangements (Item 14) $ $

Vehicles (Item 16) $ $

Other Personal Property (Item 17) $ $

Real Property (Item 18) $ $

Other Assets (Itemize) $

$ $

$ $

$ $

Total Assets $ Total Liabilities $

Item 26. Combined Current Monthly Income and Expenses for You, Your Spouse, and Your Dependents

Provide the current monthly income and expenses for you, your spouse, and your dependents. Do not include credit card payments separately; rather, 

include credit card expenditures in the appropriate categories.

Income (State source of each item) Expenses

Salary - After Taxes

Source: $ Mortgage or Rental Payments for Residence(s) $ 

Fees, Commissions, and Royalties

Source: $ Property Taxes for Residence(s) $ 

Interest

Source: $ Rental Property Expenses, Including Mortgage Payments, Taxes, 

and Insurance $ 

Dividends and Capital Gains

Source: $ Car or Other Vehicle Lease or Loan Payments $ 

Gross Rental Income

Source: $ Food Expenses $ 

Profits from Sole Proprietorships

Source: $ Clothing Expenses $ 

Distr butions from Partnerships, S-Corporations, 

and LLCs

Source:

$ 

Utilities

$ 

Initials: 

TRO Attachment A 

page 10

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 57 of 76 Page ID #:395
 

 10 of 10 Federal Trade Commission Financial Statement of Individual Defendant

Item 26. Combined Current Monthly Income and Expenses for You, Your Spouse, and Your Dependents (cont.)

Distr butions from Trusts and Estates

Source: $ Medical Expenses, Including Insurance $ 

Distr butions from Deferred Income Arrangements 

Source: $ Other Insurance Premiums

$ 

Social Security Payments $ Other Transportation Expenses $

Alimony/Child Support Received $ Other Expenses (Itemize)

Gambling Income $ $

Other Income (Itemize) $

$ $

$ $

$ $

Total Income $ Total Expenses $ 

ATTACHMENTS

Item 27. Documents Attached to this Financial Statement List all documents that are being submitted with this financial statement. For any Item 24 documents that are not attached, explain why.

Item No. Document Relates To Description of Document

I am submitting this financial statement with the understanding that it may affect action by the Federal Trade

Commission or a federal court. I have used my best efforts to obtain the information requested in this statement. The 

responses I have provided to the items above are true and contain all the requested facts and information of which I have 

notice or knowledge. I have provided all requested documents in my custody, possession, or control. I know of the 

penalties for false statements under 18 U.S.C. § 1001, 18 U.S.C. § 1621, and 18 U.S.C. § 1623 (five years imprisonment 

and/or fines). I certify under penalty of perjury under the laws of the United States that the foregoing is true and correct. 

Executed on:

_______________ ___________________________________

(Date) Signature

TRO Attachment A 

page 11

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 58 of 76 Page ID #:396
ATTACHMENT B 

 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 59 of 76 Page ID #:397
FEDERAL TRADE COMMISSION

FINANCIAL STATEMENT OF CORPORATE DEFENDANT

Instructions:

1. Complete all items. Enter “None” or "N/A" (“Not Applicable”) where appropriate. If you cannot fully answer a

question, explain why.

2. The font size within each field will adjust automatically as you type to accommodate longer responses.

3. In completing this financial statement, “the corporation” refers not only to this corporation but also to each of its

predecessors that are not named defendants in this action.

4. When an Item asks for information about assets or liabilities “held by the corporation,” include ALL such assets

and liabilities, located within the United States or elsewhere, held by the corporation or held by others for the

benefit of the corporation.

5. Attach continuation pages as needed. On the financial statement, state next to the Item number that the Item is

being continued. On the continuation page(s), identify the Item number being continued. 

6. Type or print legibly. 

7. An officer of the corporation must sign and date the completed financial statement on the last page and initial

each page in the space provided in the lower right corner. 

Penalty for False Information:

Federal law provides that any person may be imprisoned for not more than five years, fined, or both, if such person:

(1) “in any matter within the jurisdiction of any department or agency of the United States knowingly and

willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false,

fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the

same to contain any false, fictitious or fraudulent statement or entry” (18 U.S.C. § 1001);

(2) “in any . . . statement under penalty of perjury as permitted under section 1746 of title 28, United States Code,

willfully subscribes as true any material matter which he does not believe to be true” (18 U.S.C. § 1621); or

(3) “in any (. . . statement under penalty of perjury as permitted under section 1746 of title 28, United States

Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any

false material declaration or makes or uses any other information . . . knowing the same to contain any false

material declaration.” (18 U.S.C. § 1623)

For a felony conviction under the provisions cited above, federal law provides that the fine may be not more than the

greater of (i) $250,000 for an individual or $500,000 for a corporation, or (ii) if the felony results in pecuniary gain to any

person or pecuniary loss to any person other than the defendant, the greater of twice the gross gain or twice the gross loss.

18 U.S.C. § 3571.

TRO Attachment B 

page 1

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 60 of 76 Page ID #:398
Page 2 Initials __________

BACKGROUND INFORMATION

Item 1. General Information 

Corporation’s Full Name ___________________________________________________________________________

Primary Business Address ______________________________________________________ From (Date) _________

Telephone No. _____________________________ Fax No. _____________________________

 E-Mail Address________________________ Internet Home Page________________________

All other current addresses & previous addresses for past five years, including post office boxes and mail drops: 

Address____________________________________________________________ From/Until____________________

Address____________________________________________________________ From/Until____________________

Address____________________________________________________________ From/Until____________________

All predecessor companies for past five years:

Name & Address _________________________________________________________ From/Until ______________

Name & Address _________________________________________________________ From/Until ______________

Name & Address _________________________________________________________ From/Until ______________

Item 2. Legal Information 

Federal Taxpayer ID No. _________________________ State & Date of Incorporation _________________________

State Tax ID No. ____________________ State ________________ Profit or Not For Profit _____________________

Corporation’s Present Status: Active ________________ Inactive _______________ Dissolved __________________

If Dissolved: Date dissolved _________________________ By Whom ______________________________________

Reasons _________________________________________________________________________________________

Fiscal Year-End (Mo./Day) ________________ Corporation’s Business Activities _____________________________

Item 3. Registered Agent

Name of Registered Agent __________________________________________________________________________

Address __________________________________________________________ Telephone No. __________________

TRO Attachment B 

page 2

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 61 of 76 Page ID #:399
Page 3 Initials __________

Item 4. Principal Stockholders

List all persons and entities that own at least 5% of the corporation’s stock.

Name & Address % Owned

_________________________________________________________________________________ ______________

_________________________________________________________________________________ ______________

_________________________________________________________________________________ ______________

_________________________________________________________________________________ ______________

Item 5. Board Members 

List all members of the corporation’s Board of Directors. 

Name & Address % Owned Term (From/Until)

____________________________________________________________________ __________ _________________

____________________________________________________________________ __________ _________________

____________________________________________________________________ __________ _________________

____________________________________________________________________ __________ _________________

____________________________________________________________________ __________ _________________

Item 6. Officers

List all of the corporation’s officers, including de facto officers (individuals with significant management responsibility

whose titles do not reflect the nature of their positions).

Name & Address % Owned

_______________________________________________________________________________ ________________

_______________________________________________________________________________ ________________

_______________________________________________________________________________ ________________

_______________________________________________________________________________ ________________

_______________________________________________________________________________ ________________

TRO Attachment B 

page 3

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 62 of 76 Page ID #:400
Page 4 Initials __________

Item 7. Businesses Related to the Corporation 

List all corporations, partnerships, and other business entities in which this corporation has an ownership interest.

Name & Address Business Activities % Owned 

___________________________________________________________________ ___________________ _________

___________________________________________________________________ ___________________ _________

___________________________________________________________________ ___________________ _________

State which of these businesses, if any, has ever transacted business with the corporation _______________________

________________________________________________________________________________________________

Item 8. Businesses Related to Individuals

List all corporations, partnerships, and other business entities in which the corporation’s principal stockholders, board

members, or officers (i.e., the individuals listed in Items 4 - 6 above) have an ownership interest. 

Individual’s Name Business Name & Address Business Activities % Owned

__________________ __________________________________________________ __________________ ________

__________________ __________________________________________________ __________________ ________

__________________ __________________________________________________ __________________ ________

State which of these businesses, if any, have ever transacted business with the corporation _______________________

________________________________________________________________________________________________

Item 9. Related Individuals

List all related individuals with whom the corporation has had any business transactions during the three previous fiscal

years and current fiscal year-to-date. A “related individual” is a spouse, sibling, parent, or child of the principal

stockholders, board members, and officers (i.e., the individuals listed in Items 4 - 6 above).

Name and Address Relationship Business Activities

_________________________________________________________ _________________ ______________________

_________________________________________________________ _________________ ______________________

_________________________________________________________ _________________ ______________________

TRO Attachment B 

page 4

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 63 of 76 Page ID #:401
Page 5 Initials __________

Item 10. Outside Accountants

List all outside accountants retained by the corporation during the last three years.

Name Firm Name Address CPA/PA?

____________________ ______________________ ________________________________________ ____________

____________________ ______________________ ________________________________________ ____________

____________________ ______________________ ________________________________________ ____________

____________________ ______________________ ________________________________________ ____________

____________________ ______________________ ________________________________________ ____________

Item 11. Corporation’s Recordkeeping

List all individuals within the corporation with responsibility for keeping the corporation’s financial books and records for

the last three years. 

Name, Address, & Telephone Number Position(s) Held

____________________________________________________________________________ ___________________

____________________________________________________________________________ ___________________

____________________________________________________________________________ ___________________

____________________________________________________________________________ ___________________

Item 12. Attorneys

List all attorneys retained by the corporation during the last three years.

Name Firm Name Address

____________________ ___________________________ ________________________________________________

____________________ ___________________________ ________________________________________________

____________________ ___________________________ ________________________________________________

____________________ ___________________________ ________________________________________________

____________________ ___________________________ ________________________________________________

TRO Attachment B 

page 5

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 64 of 76 Page ID #:402
Page 6 Initials __________

Item 13. Pending Lawsuits Filed by the Corporation 

List all pending lawsuits that have been filed by the corporation in court or before an administrative agency. (List

lawsuits that resulted in final judgments or settlements in favor of the corporation in Item 25). 

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

TRO Attachment B 

page 6

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 65 of 76 Page ID #:403
Page 7 Initials __________

Item 14. Current Lawsuits Filed Against the Corporation 

List all pending lawsuits that have been filed against the corporation in court or before an administrative agency. (List

lawsuits that resulted in final judgments, settlements, or orders in Items 26 - 27).

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address___________________________________________________________________________

Docket No._________________ Relief Requested____________________ Nature of Lawsuit____________________

____________________________________ Status______________________________________________________

TRO Attachment B 

page 7

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 66 of 76 Page ID #:404
Page 8 Initials __________

Item 15. Bankruptcy Information

List all state insolvency and federal bankruptcy proceedings involving the corporation. 

Commencement Date _________________ Termination Date _________________ Docket No. __________________

If State Court: Court & County _______________________ If Federal Court: District __________________________

Disposition ______________________________________________________________________________________

Item 16. Safe Deposit Boxes

List all safe deposit boxes, located within the United States or elsewhere, held by the corporation, or held by others for the

benefit of the corporation. On a separate page, describe the contents of each box.

Owner’s Name Name & Address of Depository Institution Box No.

__________________ ___________________________________________________________________ __________

__________________ ___________________________________________________________________ __________

__________________ ___________________________________________________________________ __________

__________________ ___________________________________________________________________ __________

__________________ ___________________________________________________________________ __________

FINANCIAL INFORMATION

REMINDER: When an Item asks for information about assets or liabilities “held by the corporation,” include

ALL such assets and liabilities, located within the United States or elsewhere, held by the corporation or held by

others for the benefit of the corporation.

Item 17. Tax Returns

List all federal and state corporate tax returns filed for the last three complete fiscal years. Attach copies of all returns.

Federal/

State/Both

Tax Year Tax Due

Federal

Tax Paid

Federal

Tax Due

State

Tax Paid

State

Preparer’s Name

___________ __________ $_________ $_________ $__________ $__________ ______________________________

___________ __________ $_________ $_________ $__________ $__________ ______________________________

___________ __________ $_________ $_________ $__________ $__________ ______________________________

TRO Attachment B 

page 8

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 67 of 76 Page ID #:405
Page 9 Initials __________

Item 18. Financial Statements

List all financial statements that were prepared for the corporation’s last three complete fiscal years and for the current

fiscal year-to-date. Attach copies of all statements, providing audited statements if available.

Year Balance Sheet Profit & Loss Statement Cash Flow Statement Changes in Owner’s Equity Audited?

_________ _____________ ______________________ __________________ _______________________ ________

_________ _____________ ______________________ __________________ _______________________ ________

_________ _____________ ______________________ __________________ _______________________ ________

_________ _____________ ______________________ __________________ _______________________ ________

Item 19. Financial Summary

For each of the last three complete fiscal years and for the current fiscal year-to-date for which the corporation has not

provided a profit and loss statement in accordance with Item 18 above, provide the following summary financial

information.

Current Year-to-Date 1 Year Ago 2 Years Ago 3 Years Ago

Gross Revenue $_________________ $_______________ $_______________ $_______________

Expenses $_________________ $_______________ $_______________ $_______________

Net Profit After Taxes $_________________ $_______________ $_______________ $_______________

Payables $_________________

Receivables $_________________

Item 20. Cash, Bank, and Money Market Accounts 

List cash and all bank and money market accounts, including but not limited to, checking accounts, savings accounts, and

certificates of deposit, held by the corporation. The term “cash” includes currency and uncashed checks. 

Cash on Hand $_________________________ Cash Held for the Corporation’s Benefit $_______________________

Name & Address of Financial Institution Signator(s) on Account Account No. Current

Balance

_____________________________________ _______________________________ ______________ $___________

_____________________________________ _______________________________ ______________ $___________

_____________________________________ _______________________________ ______________ $___________

_____________________________________ _______________________________ ______________ $___________

TRO Attachment B 

page 9

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 68 of 76 Page ID #:406
Page 10 Initials __________

Item 21. Government Obligations and Publicly Traded Securities 

List all U.S. Government obligations, including but not limited to, savings bonds, treasury bills, or treasury notes, held by

the corporation. Also list all publicly traded securities, including but not limited to, stocks, stock options, registered and

bearer bonds, state and municipal bonds, and mutual funds, held by the corporation. 

Issuer _________________________________ Type of Security/Obligation __________________________________

No. of Units Owned __________ Current Fair Market Value $__________________ Maturity Date _______________

Issuer _________________________________ Type of Security/Obligation __________________________________

No. of Units Owned __________ Current Fair Market Value $__________________ Maturity Date _______________

Item 22. Real Estate 

List all real estate, including leaseholds in excess of five years, held by the corporation. 

Type of Property________________________________ Property’s Location__________________________________

Name(s) on Title and Ownership Percentages___________________________________________________________

Current Value $____________________ Loan or Account No. __________________________

Lender’s Name and Address_________________________________________________________________________

Current Balance On First Mortgage $_______________ Monthly Payment $______________

Other Loan(s) (describe)____________________________________________ Current Balance $_________________

Monthly Payment $__________________ Rental Unit?_________________ Monthly Rent Received $_____________

Type of Property________________________________ Property’s Location__________________________________

Name(s) on Title and Ownership Percentages___________________________________________________________

Current Value $____________________ Loan or Account No. __________________________

Lender’s Name and Address_________________________________________________________________________

Current Balance On First Mortgage $_______________ Monthly Payment $______________

Other Loan(s) (describe)____________________________________________ Current Balance $_________________

Monthly Payment $__________________ Rental Unit?_________________ Monthly Rent Received $_____________

TRO Attachment B 

page 10

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 69 of 76 Page ID #:407
Page 11 Initials __________

Item 23. Other Assets 

List all other property, by category, with an estimated value of $2,500 or more, held by the corporation, including but not

limited to, inventory, machinery, equipment, furniture, vehicles, customer lists, computer software, patents, and other

intellectual property. 

Property Category Property Location Acquisition

Cost

Current

Value

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

____________________________ _____________________________________________ $__________ $_________

Item 24. Trusts and Escrows

List all persons and other entities holding funds or other assets that are in escrow or in trust for the corporation.

Trustee or Escrow Agent’s 

Name & Address

Description and Location of Assets Present Market

Value of Assets

______________________________________ _______________________________________ $_________________

______________________________________ _______________________________________ $_________________

______________________________________ _______________________________________ $_________________

______________________________________ _______________________________________ $_________________

______________________________________ _______________________________________ $_________________

______________________________________ _______________________________________ $_________________

______________________________________ _______________________________________ $_________________

TRO Attachment B 

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Page 12 Initials __________

Item 25. Monetary Judgments and Settlements Owed To the Corporation

List all monetary judgments and settlements, recorded and unrecorded, owed to the corporation.

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit______________________________ Date of Judgment________________ Amount $____________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit______________________________ Date of Judgment________________ Amount $____________

Item 26. Monetary Judgments and Settlements Owed By the Corporation

List all monetary judgments and settlements, recorded and unrecorded, owed by the corporation. 

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit_______________________________________ Date______________ Amount $______________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit______________________________ Date of Judgment________________ Amount $____________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit______________________________ Date of Judgment________________ Amount $____________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit______________________________ Date of Judgment________________ Amount $____________

Opposing Party’s Name & Address___________________________________________________________________

Court’s Name & Address____________________________________________________ Docket No._____________

Nature of Lawsuit______________________________ Date of Judgment________________ Amount $____________

TRO Attachment B 

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Item 27. Government Orders and Settlements 

List all existing orders and settlements between the corporation and any federal or state government entities.

Name of Agency ___________________________________________ Contact Person __________________________

Address _____________________________________________________________ Telephone No. _______________ 

Agreement Date ______________ Nature of Agreement __________________________________________________

Item 28. Credit Cards

List all of the corporation’s credit cards and store charge accounts and the individuals authorized to use them. 

Name of Credit Card or Store Names of Authorized Users and Positions Held

__________________________________________ _____________________________________________________

__________________________________________ _____________________________________________________

__________________________________________ _____________________________________________________

__________________________________________ _____________________________________________________

__________________________________________ _____________________________________________________

Item 29. Compensation of Employees

List all compensation and other benefits received from the corporation by the five most highly compensated employees,

independent contractors, and consultants (other than those individuals listed in Items 5 and 6 above), for the two previous

fiscal years and current fiscal year-to-date. “Compensation” includes, but is not limited to, salaries, commissions,

consulting fees, bonuses, dividends, distributions, royalties, pensions, and profit sharing plans. “Other benefits” include,

but are not limited to, loans, loan payments, rent, car payments, and insurance premiums, whether paid directly to the

individuals, or paid to others on their behalf.

Name/Position Current Fiscal

Year-to-Date

1 Year Ago 2 Years Ago Compensation or 

Type of Benefits

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

TRO Attachment B 

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Page 14 Initials __________

Item 30. Compensation of Board Members and Officers 

List all compensation and other benefits received from the corporation by each person listed in Items 5 and 6, for the

current fiscal year-to-date and the two previous fiscal years. “Compensation” includes, but is not limited to, salaries,

commissions, consulting fees, dividends, distributions, royalties, pensions, and profit sharing plans. “Other benefits”

include, but are not limited to, loans, loan payments, rent, car payments, and insurance premiums, whether paid directly to

the individuals, or paid to others on their behalf.

Name/Position Current Fiscal

Year-to-Date

1 Year Ago 2 Years Ago Compensation or 

Type of Benefits

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

_____________________________ $____________ $___________ $____________ ___________________________

Item 31. Transfers of Assets Including Cash and Property

List all transfers of assets over $2,500 made by the corporation, other than in the ordinary course of business, during the

previous three years, by loan, gift, sale, or other transfer. 

Transferee’s Name, Address, & Relationship Property

Transferred

Aggregate

Value

Transfer

Date

Type of Transfer

(e.g., Loan, Gift)

______________________________________ ________________ $____________ __________ _________________

______________________________________ ________________ $____________ __________ _________________

______________________________________ ________________ $____________ __________ _________________

______________________________________ ________________ $____________ __________ _________________

______________________________________ ________________ $____________ __________ _________________

TRO Attachment B 

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Page 15 Initials __________

Item 32. Documents Attached to the Financial Statement

List all documents that are being submitted with the financial statement.

Item No. Document

Relates To

Description of Document

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

___________________ ____________________________________________________________________________

I am submitting this financial statement with the understanding that it may affect action by the Federal Trade

Commission or a federal court. I have used my best efforts to obtain the information requested in this statement. The

responses I have provided to the items above are true and contain all the requested facts and information of which I have

notice or knowledge. I have provided all requested documents in my custody, possession, or control. I know of the

penalties for false statements under 18 U.S.C. § 1001, 18 U.S.C. § 1621, and 18 U.S.C. § 1623 (five years imprisonment

and/or fines). I certify under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Executed on:

______________________________ _____________________________________________________

(Date) Signature

_____________________________________________________

Corporate Position

TRO Attachment B 

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ATTACHMENT C 

 

Case 8:15-cv-01672-JVS-DFM Document 15 Filed 10/21/15 Page 75 of 76 Page ID #:413
CONSENT TO RELEASE OF FINANCIAL RECORDS 

 I, , do hereby 

direct any bank or trust company at which I have a bank account of any kind or at 

which a corporation has a bank account of any kind upon which I am authorized to 

draw, and its officers, employees and agents, to disclose all information and deliver 

copies of all documents of every nature in your possession or control which relate 

to the said bank accounts to any attorney of the Federal Trade Commission, and to 

give evidence relevant thereto, in the matter of FTC v. BAM Financial, LLC, now 

pending in the United States District Court for the Central District of California, 

and this shall be irrevocable authority for so doing. This direction is intended to 

apply to the laws of countries other than the United States which restrict or prohibit 

the disclosure of bank information without the consent of the holder of the account, 

and shall be construed as consent with respect thereto, and the same shall apply to 

any of the bank accounts for which I may be the relevant principal. This consent 

form is being executed pursuant to court order. 

Dated: , 2015 

Signed: _____________________________________ 

TRO Attachment C 

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