Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 1 of 23 PagelD 1876 

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

COMMODITY FUTURES TRADING 

COMMISSION, and 

ALABAMA SECURITIES COMMISSION, 

STA TE OF ALASKA, ARIZONA 

CORPORATION COMMISSION, 

CALIFORNIA COMMISSIONER OF 

BUSINESS OVERSIGHT, COLORADO 

SECURITIES COMMISSIONER, STATE 

OF DELAWARE, STATE OF FLORIDA, 

OFFICE OF THE ATTORNEY GENERAL, 

STATE OF FLORIDA, OFFICE OF 

FINANCIAL REGULATION, OFFICE OF 

THE GEORGIA SECRETARY OF STATE, 

STATE OF HAWAII, SECURITIES 

ENFORCEMENT BRANCH, IDAHO 

DEPARTMENT OF FINANCE, INDIANA 

SECURITIES COMMISSIONER, IOWA 

INSURANCE COMMISSIONER 

DOUGLAS M. OMMEN, OFFICE OF THE 

KANSAS SECURITIES COMMISSIONER, 

KENTUCKY DEPARTMENT OF. 

FINANCIAL INSTITUTIONS, MAINE 

SECURITIES ADMINISTRATOR, STATE 

OF MARYLAND EX REL MARYLAND 

SECURITIES COMMISSIONER, 

ATTORNEY GENERAL DANA NESSEL 

ON BEHALF OF THE PEOPLE OF 

MICHIGAN, MISSISSIPPI SECRETARY 

OF STATE, NEBRASKA DEPARTMENT 

OF BANKING & FINANCE, OFFICE OF 

THE NEVADA SECRETARY OF STATE, 

NEW MEXICO SECURITIES DIVISION, 

THE PEOPLE OF THE STATE OF NEW 

YORI( BY LETITIA JAMES, ATTORNEY 

GENERAL OF THE STATE OF NEW 

YORI<, OKLAHOMA DEPARTMENT OF 

SECURITIES, SOUTH CAROLINA 

ATTORNEY GENERAL, SOUTH 

CAROLINA SECRETARY OF STATE, 

SOUTH DAKOTA DEPARTMENT OF 

LABOR & REGULATION, DIVISION OF 

ORDER GRANTING PLAINTIFFS' 

EMERGENCY EX PARTE MOTION FOR 

STATUTORY RESTRAINING ORDER, 

APPOINTMENT OF RECEIVER, AND 

OTHER EQUITABLE RELIEF 

Case No.: 3:20-CV-2910-L 

Judge: Honorable Sam A. Lindsay 

EXHIBIT 

A 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 1 of 23 PageID 22
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 2 of 23 PagelD 1877 

INSURANCE, COMMISSIONER OF THE 

TENNESSEE DEPARTMENT OF 

COMMERCE AND INSURANCE, STATE 

OF TEXAS, WASHINGTON STATE 

DEPARTMENT OF FINANCIAL 

INSTITUTIONS, WEST VIRGINIA 

SECURITIES COMMISSION, AND STATE 

OF WISCONSIN. 

Plaintiffs, 

v. 

TMTE, INC. a/lda METALS.COM, CHASE 

METALS, INC., CHASE METALS, LLC, 

BARRICK CAPITAL, INC., LUCAS 

THOMAS ERB a/lda LUCAS ASHER a/lda 

LUKE ASHER, and SIMON BATASHVILI, 

Defendants; 

and 

TOWER EQUITY, LLC, 

Relief Defendant. 

Plaintiffs Commodity Futures Trading Commission ("CFTC"), Alabama Securities 

Commission ("State of Alabama"), State of Alaska ("State of Alaska"), Arizona Corporation 

Commission ("State of Arizona"), California Department of Business Oversight ("State of 

California"), Colorado Securities Commissioner ("State of Colorado"), Delaware Department of 

Justice ("State of Delaware"), Florida Office of Financial Regulation ("State of Florida"), Office 

of the Georgia Secretary of State ("State of Georgia"), Hawaii Office of the Securities 

Commissioner (State of Hawaii"), Idaho Department of Finance ("State of Idaho"), Indiana 

Securities Commissioner ("State of Indiana"), Iowa Insurance Commissioner, Douglas M. 

Ommen ("State oflowa"), Office of the Kansas Securities Commissioner ("State of Kansas"), 

2 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 2 of 23 PageID 23
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 3 of 23 PagelD 1878 

Kentucky Depatiment of Financial Institutions ("Commonwealth of Kentucky"), Maine Office 

of Securities ("State of Maine"), Maryland Securities Commissioner ("State of Maryland"), 

Massachusetts Securities Division ("Commonwealth of Massachusetts"), Michigan Department 

of Attorney General ("State of Michigan"), Mississippi Secretary of State ("State of 

Mississippi"), Nebraska Depatiment of Banking & Finance ("State of Nebraska"), Nevada 

Office of Secretary of State ("State of Nevada"), New Hampshire Bureau of Securities 

Regulation ("State of New Hampshire"), New Mexico Securities Division ("State of New 

Mexico"), New York Attorney General ("State of New York"), Nmih Dakota Securities 

Depa1iment ("State of North Dakota"), Oklahoma Department of Securities ("State of 

Oklahoma"), Oregon Depa1iment of Consumer and Business Services ("State of Oregon"), 

Pennsylvania Department of Banking and Securities ("Commonwealth of Pennsylvania"), South 

Carolina Attorney General and South Carolina Secretary of State ("State of South Carolina") 

South Dakota Department of Labor & Regulation ("State of South Dakota"), Tennessee 

Department of Commerce and Insurance ("State of Tennessee"), State of Texas ("State of 

Texas"), Washington State Department of Financial Institutions ("State of Washington"), and 

Wisconsin Department of Financial Institutions ("State of Wisconsin") (collectively "the 

States"), have filed a Complaint for Injunctive Relief, Civil Monetary Penalties, and other 

Ancillary Equitable Relief. 

Along with the filing of the Complaint, the CFTC and the States moved the Court on an 

emergency, ex parte basis, for an order, pursuant to Section 6c(a) of the Commodity Exchange 

Act ("CEA"), 7 U.S.C. § 13a-l(a) (2012), and in accordance with Federal Rule of Civil 

Procedure ("Fed. R. Civ. P.") 65, that: (1) freezes the assets of Defendants and Relief Defendant, 

(2) grants the CFTC and the States immediate access to the books, records, and other documents 

3 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 3 of 23 PageID 24
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 4 of 23 PagelD 1879 

of Defendants and Relief Defendant; and (3) appoints a temporary receiver (the "Proposed 

SRO"). Plaintiffs request this emergency relief in order to preserve the status quo; to prevent the 

dissipation of any assets and ensure that any future equitable relief obtained by Plaintiffs, 

including any restitution to the victims of Defendants' fraudulent scheme, can be effective; and 

to determine the full scope of the fraudulent scheme, identify the victims of the scheme, and 

locate the remaining assets of Defendants and Relief Defendant. Additionally, Plaintiff requests 

expedited discovery in accordance with FRCP 26(d). 

The Comt has considered the pleadings, declarations, exhibits, and memorandum filed in 

support of the CFTC and the States' motion, and finds that: 

1. This Court has jurisdiction over the patties and over the subject matter of this action 

pursuant to 28 U.S.C. § 1331 (2018) (federal question jurisdiction) and 28 U.S.C. § 1345 (2018) 

( district courts have original jurisdiction over civil actions commenced by the United States or by 

any agency expressly authorized to sue by Act of Congress), as well as 28 U.S.C. § 1367(a) 

(supplemental jurisdiction over claims under the laws of the States). 

2. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331 (2018) 

(federal question jurisdiction) and 28 U.S.C. § 1345 (2018) (district courts have original 

jurisdiction over civil actions commenced by the United States or by any agency expressly 

authorized to sue by Act of Congress). 

3. Section 6c(a) of the CEA, 7 U.S.C. § 13a-l(a) (2018), authorizes the CFTC to seek 

injunctive and other relief against any person whenever it appears to the CFTC that such person 

has engaged, is engaging, or is about to engage in any act or practice constituting a violation of 

any provision of the CEA or any rule, regulation, or order thereunder. 

4. Section 6d(l) of the CEA, 7 U.S.C. § 13a-2(1) (2018), authorizes the States to bring a 

4 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 4 of 23 PageID 25
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 5 of 23 PagelD 1880 

suit in the district courts of the United States to seek injunctive and other relief against any 

person whenever it appears to the Attorney General and/or Securities Administrator of a State, or 

such other official that a State may designate, that the interests of the residents of the State have 

been, are being, or may be threatened or adversely affected because of violations of the CEA or 

CFTC Regulations. 

5. Venue lies properly in this District pursuant to Section 6c(e) of the CEA, 7 U.S.C. § 13a1 ( e) (2018), because Defendants transacted business in this District, and certain of the acts and 

practices in violation of the CEA, the CFTC Regulations, and State laws occurred, are occurring, 

or are about to occur within this District, among other places. Venue also lies properly in this 

District pursuant to 17 U.S.C. § 139l(b)(2) because a substantial part of the events or omissions 

giving rise to the Plaintiffs' claims occurred in this District. 

6. The CFTC and the States have made a properprimafacie showing that from at least 

September 1, 2017 through the present ("Relevant Period"), Defendants TMTE, Inc., d/b/a 

Metals.com, Chase Metals, LLC, Chase Metals, Inc., (collectively "Metals"), Barrick Capital, 

Inc. ("Barrick") and their principals, Lucas Asher a/kla Lucas Thomas Erb a/k/a Luke Asher 

("Asher"), and Simon Batashvili ("Batashvili") (collectively "Defendants") have engaged and 

continue to engage in a fraudulent scheme to defraud at least 1,600 persons throughout the 

United States into purchasing gold and silver bullion ("Precious Metals Bullion"). Metals and 

Barrick are a common enterprise. Batashvili and Asher were controlling persons of Metals and 

Barrick and used both Metals and Barrick to perpetuate the fraudulent scheme. Defendants 

targeted a vulnerable population of mostly elderly or retirement-aged persons with little 

experience in Precious Metals Bullion. By making material misrepresentations and omissions, 

Defendants deceived investors into purchasing Precious Metals Bullion at prices averaging from 

5 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 5 of 23 PageID 26
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 6 of 23 PagelD 1881 

100% to over 200% over the base melt value or spot price of the Precious Metals Bullion 

("Prevailing Market Price"). Defendants directed investors to purchase specific Precious Metals 

Bullion at grossly inflated prices that bore no relationship to the Prevailing Market Price. 

Defendants did not disclose the actual value of the Fraudulently Priced Precious Metals Bullion 

and instead provided investors with invoices showing exorbitant and unreasonable prices. 

Defendants falsely represented that Fraudulently Priced Precious Metals Bullion were a safe and 

conservative investment and that investors would not lose their funds. Contrary to these 

representations, Defendants failed to disclose to investors that the undisclosed, excessive, and 

unreasonable charges of Fraudulently Priced Precious Metals Bullion resulted in investors 

sustaining substantial losses on the purchase of Precious Metals Bullion from Defendants. 

7. Therefore, there is good cause to believe that Defendants have engaged in, are engaging 

in, or are about to engage in a scheme to defraud investors in violation of Section 6( c) of the Act, 

7 U.S.C. § 9(1) (2018), Regulation 180.l(a)(l)-(3), 17 C.F.R. § 180.l(a)(l)-(3) (2019) and the 

laws of the States. Defendants also have engaged in, are engaging in, or are about the engage in 

violations of the laws of Plaintiffs State of Alabama, State of Alaska, State of California, State of 

Colorado, State of Florida, State of Georgia, Commonwealth of Kentucky, State of Maryland, 

State of South Carolina, and State of Texas as specifically alleged in the Complaint. 

8. There is also good cause to believe that Relief Defendant Tower Equity, LLC, ("Tower") 

has received, is receiving, or is about to receive funds, assets or other property as a result of 

Defendants' violative acts and practices and has been unjustifiably enriched thereby. The Relief 

Defendant does not have any legitimate interest or entitlement to these funds, assets or other 

property ("assets") received as a result of Defendants' violative conduct. 

9. There is also good cause to believe that immediate and irreparable damage to the Court's 

6 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 6 of 23 PageID 27
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 7 of 23 PagelD 1882 

ability to grant effective final relief for investors in the Fraudulently Priced Precious Metals 

Bullion in the form of monetary redress will occur from the withdrawal, transfer, removal, 

dissipation, or other disposition of assets, and/or the destruction, alteration, or disposition of 

books and records and other documents pertaining to the business activities and business and 

personal finances by Defendants and Relief Defendant, unless Defendants and Relief Defendant 

are immediately restrained and enjoined by Order of the Court. 

10. Therefore, there is good cause for the Court to freeze assets owned, controlled, managed 

or held by Defendants and Relief Defendant, or in which they have any beneficial interest. 

11. There is also good cause for the Court to prohibit Defendants and Relief Defendant from 

destroying, altering or disposing ofrecords, and/or denying representatives of the CFTC and the 

States access to inspect records, when and as requested, to ensure that CFTC and State 

representatives have immediate and complete access to those records. 

12. There is also good cause for the appointment of a Temporary Receiver to take control of 

all assets owned, controlled, managed, or held by Defendants and Relief Defendant or in which 

they have any beneficial interest ("Defendants' Assets" and "Relief Defendants' Assets"), so that 

the Temporary Receiver may preserve assets, investigate and determine investor claims, 

determine unlawful proceeds retained by Defendants and Relief Defendant and amounts due to 

investors as a result of Defendants' alleged violations, and distribute funds to investors harmed 

by Defendants' alleged misconduct under the Court's supervision. 

13. There is also good cause to order Defendants to repatriate funds, assets or other property 

controlled by Defendants so that such assets can be controlled by the Temporary Receiver and to 

assure payment of restitution and disgorgement as authorized by the Court. 

14. In summary, this is a proper case for granting a restraining order ex parte: (l) prohibiting 

7 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 7 of 23 PageID 28
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 8 of 23 PagelD 1883 

Defendants and Relief Defendant from transferring, removing, dissipating assets, or otherwise 

disposing of any asset, (2) allowing inspection and copying of records by the CFTC and States, 

and (3) appointing a temporary receiver because the CFTC and the States are likely to succeed 

on the merits of their claims against Defendants. Moreover, there is reasonable likelihood that 

Defendant(s) may transfer or dissipate assets or destroy or alter records. Therefore, the Comi 

orders the following. 

DEFINITIONS 

For purposes of this Order, the following definitions apply: 

15. The term "assets" encompasses any legal or equitable interest in, right to, or claim to, any 

real or personal property, whether individually or jointly, directly or indirectly controlled, and 

wherever located, including but not limited to: chattels, goods, instruments, equipment, fixtures, 

general intangibles, effects, leaseholds mail or other deliveries, inventory, checks, notes, 

accounts (including, but not limited to, bank accounts and accounts at other financial 

institutions), credits, receivables, lines of credit, contracts (including spot, futures, options, or 

swaps contracts), insurance policies, and all funds, wherever located, whether in the United 

States or outside the United States. 

16. The term "record" encompasses the terms "document" and "electronically stored 

information" as those terms are used in Fed. R. Civ. P. 34(a), and includes, but ate not limited to, 

all writings, graphs, charts, photo~raphs, sound recordings, images, and other data or other data 

compilations-stored in any medium from which information can be obtained or translated, if 

necessary, into reasonable usable form. The term "record" also refers to each and every such 

item in Defendants' and Relief Defendants' actual or constructive possession, including but not 

limited to: (i) all such items within the custody or control of any agents, employers, employees, 

8 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 8 of 23 PageID 29
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 9 of 23 PagelD 1884 

or partners of the Defendants and Relief Defendant; and (ii) all items which Defendants and 

Relief Defendant have a legal or equitable right to obtain from another person. A draft or nonidentical copy is a separate item within the meaning of the term. Records also include the file 

and folder tabs associated with each original and copy. 

17. The term "Defendants" refers to TMTE, Inc., d/b/a Metals.com, Chase Metals, LLC, 

Chase Metals, Inc., Barrick Capital, Inc. and their principals, Lucas Asher a/k/a Lucas Thomas 

Erb a/kla Luke Asher, and Simon Batashvili. 

18. "Relief Defendant" refers to Tower Equity, LLC. 

RELIEF GRANTED 

IT IS HEREBY ORDERED that: 

I. Asset Freeze Order Prohibiting the Withdrawal, Transfer, Removal, Dissipation, and 

Disposal of Assets 

19. Defendants and Relief Defendant are immediately restrained and enjoined, except as 

otherwise ordered by this Court, from directly or indirectly withdrawing, transferring, removing, 

dissipating, or otherwise disposing of any assets, wherever located, including Defendants' and 

Relief Defendant's assets held outside the United States, except as provided otherwise in 

Sections IV, V, and VI of this Order, or as otherwise ordered by the Comi; 

20. Notwithstanding the provisions of this Section I, at the request of the Temporary 

Receiver, Defendants and Relief Defendant and any other person who has possession, custody, 

or control of any of Defendants' or Relief Defendant's assets shall transfer possession of all 

funds, assets or other property subject to this Order to the Temporary Receiver in accordance 

with Section IV, V and VI of this Order. 

21. The assets affected by this Order shall include existing assets as well as assets acquired 

after the effective date of this Order. 

9 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 9 of 23 PageID 30
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 10 of 23 PagelD 1885 

II. Maintenance of and Access to All Records That Relate to the Business Activities and 

Business and Personal Finances 

22. Defendants and Relief Defendant are restrained from directly or indirectly destroying, 

altering, or disposing of, in any manner, any records that relate or refer to the business activities 

or business or personal finances of any Defendant or Relief Defendant. 

23. Representatives of the CFTC and the States shall be immediately allowed to inspect any 

records relating or referring to the business activities or business or personal finances of the 

Defendants and Relief Defendant, including, but not limited to, both hard-copy documents and 

electronically stored information, wherever they may be situated and whether they are in the 

possession of the Defendants, or Relief Defendant, or others. To ensure preservation and 

facilitate meaningful inspection and review of records, Defendants and Relief Defendant shall 

allow representatives of the CFTC and the States to make copies of any records, and if on-site 

copying of records is not practicable, representatives may make such copies off-site. The CFTC 

and the States shall promptly return the original records after any such off-site copying. 

24. To further facilitate meaningful inspection and review, Defendants and Relief Defendant 

shall, absent a valid assertion of their rights against self-incrimination under the Fifth 

Amendment, promptly provide CFTC and States staff with: 

a. the location of all records relating or referring to the business activities and 

business and personal finances of Defendants and Relief Defendant; and 

b. all identification numbers and other identifying information for websites, cloud 

storage services, email and smartphone accounts, and all accounts at any bank, 

financial institution, or brokerage firm (including any introducing broker or 

futures commission merchant) owned, controlled or operated by Defendants or 

Relief Defendant, or to which Defendants and Relief Defendant have access; and 

10 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 10 of 23 PageID 31
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 11 of 23 PagelD 1886 

c. all passwords to, and the location, make and model of, all computers and/or 

mobile electronic devices owned and/or used by Defendants or Relief Defendant 

in connection with their business activities and business and personal finances, 

25. When inspecting records that are subject to this Order, including those contained on 

computers and/or other electronic devices, the CFTC and the States should unde1iake reasonable 

measures to prevent review of the Defendants' or Relief Defendant's privileged communications 

and/or other nonbusiness, nonfinancial materials by the CFTC's and the States' attorneys and 

other staff who are paii of the litigation team in this matter. Moreover, Defendants and Relief 

Defendant ( or their counsel) shall promptly contact counsel for the CFTC or the States to asse1i 

any claims of privilege ( or other legal objections) relating to the contents of any records that are 

subject to this Order and promptly cooperate with counsel for the CFTC or the States to develop 

reasonable protocols to isolate and prevent disclosure of claimed privileged and/or other 

nonbusiness, nonfinancial materials to the CFTC's or the States' attorneys and other staff who 

are part of the litigation team in this matter. However, nothing herein shall excuse Defendants or 

Relief Defendant from full and immediate compliance with this Court's Order permitting the 

CFTC and the States to inspect the records which relate to Defendants' or Relief Defendant's 

business activities and their business and personal finances. 

III. Notice to Financial Institutions and Others that Hold or Control Assets or Records 

of Defendants and Relief Defendants 

26. To ensure the effectiveness of the asset freeze and pending further Order of this Court, 

any financial or brokerage institution, business entity, or person that receives actual notice of this 

Order and holds, controls, or maintains custody of any assets of Defendants or Relief Defendant 

shall not, in active concert or participation with Defendants or Relief Defendant, permit 

Defendants or Relief Defendant or other persons to withdraw, transfer, remove, dissipate, or 

11 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 11 of 23 PageID 32
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 12 of 23 PagelD 1887 

otherwise dispose of any of Defendants' or Relief Defendant's assets, except as directed by 

further order of the Court; and 

27. Any financial or brokerage institution, business entity, or person that receives notice of 

this Order by personal service or otherwise shall not, in active concert or participation with any 

Defendants or Relief Defendant directly or indirectly destroy, alter, or dispose of, in any manner, 

any Records relating to the business activities and business and personal finances of any 

Defendant or Relief Defendant. 

28. Furthermore, any such financial or brokerage institution, business entity, or person that 

receives actual notice of this Order and holds, controls, or maintains custody of any account or 

assets, titled in the name of, held for the benefit of, or otherwise under the control of any 

Defendants or Relief Defendant, or has held, controlled, or maintained custody of any such asset, 

of any Defendants or Relief Defendant at any time since September 1, 2017, shall not, in active 

concert or participation with Defendants or Relief Defendant, deny a request by the CFTC or the 

States to inspect all records pertaining to any account or asset owned, controlled, managed, or 

held by, on behalf of, or for the benefit of Defendants or Relief Defendant, including, but not 

limited to, originals or copies of account applications, account statements, 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. As an 

alternative to allowing inspection of records, a financial or brokerage institution, business entity 

or other person may provide copies of records requested by the CFTC or the States. 

29. Fmihermore, any such financial or brokerage institution, business entity, or person that 

receives actual notice of this Order shall: 

12 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 12 of 23 PageID 33
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 13 of 23 PagelD 1888 

a. Within ten business days of a request by the Temporary Receiver, or such longer 

period specified by the Temporary Receiver, provide the Temporary Receiver 

with copies of all records pertaining to any account or asset owned, controlled, 

managed, or held by, on behalf of, or for the benefit of Defendants or Relief 

Defendant, either individually or jointly, including, but not limited to, originals or 

copies of account applications, account statements, signature cards, checks, drafts, 

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

instruments or slips, currency transaction repo1ts, 1099 forms, and safe deposit 

box logs; and 

b. Cooperate with all reasonable requests of the Temporary Receiver relating to 

implementation of this Order, including transferring Defendants' or Relief 

Defendant's assets, at the Temporary Receiver's direction, and producing Records 

related to business activities or business or personal finances of Defendants or 

Relief Defendant to the Temporary Receiver. 

IV. Order Appointing Temporary Receiver 

30. Kelly Crawford is appointed Temporary Receiver with the full powers of an equity 

receiver for Defendants and Relief Defendant and their affiliates or subsidiaries owned or 

controlled by Defendants or Relief Defendant (hereinafter referred to as the "Receivership 

Defendants"), and of all records, and all funds, properties, premises, accounts, income, now or 

hereafter due or owing to the Receivership Defendants, and other assets directly or indirectly 

owned, beneficially or otherwise, by the Receivership Defendants, (hereinafter, the 

"Receivership Estate"). The Temporary Receiver shall be the agent of this Court in acting as 

Temporary Receiver under this Order. 

13 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 13 of 23 PageID 34
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 14 of 23 PagelD 1889 

31. The Temporary Receiver is directed and authorized to accomplish the following: 

a. Assume full control of the Receivership Defendants by removing Asher or 

Batashvili, and any officer, independent contractor, employee, or agent of the 

Receivership Defendants, from control and management of the affairs of the 

Receivership Defendants as the Temporary Receiver deems appropriate; 

b. Take exclusive custody, control, and possession of the Receivership Estate, which 

includes but is not limited to complete authority to sue for, collect, receive, and take 

possession of all goods, chattels, rights, credits, money, effects, land, leases, books, 

records, work papers, and records of accounts, including electronically-stored 

information, contracts, financial records, funds on hand in banks and other financial 

institutions, and other papers and records of the Receivership Defendants and 

customers or clients of any of Receivership Defendants' business activities whose 

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

the Receivership Defendants; 

c. Take exclusive custody, control, and possession of all websites, cloud storage 

services, email, and smartphone accounts, and all accounts at any bank, financial 

institution, or brokerage firm (including any introducing broker or futures 

commission merchant) controlled or operated by or to which any of the Defendants 

or Relief Defendant have access in connection with their business activities and 

business and personal finances. 

d. Take all steps necessary to secure the business and other premises under the control 

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

Defendants. 

14 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 14 of 23 PageID 35
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 15 of 23 PagelD 1890 

e. Perform all acts necessary, including the suspension of operations, to conserve, 

hold, manage, and preserve the value of the Receivership Estate in order to prevent 

irreparable loss, damage, or injury to investors in any investment opportunity 

operated by any Receivership Defendants. 

f. Prevent the withdrawal or misapplication of the assets of the Receivership Estate 

and otherwise protect the interests of investors in any investment opportunity 

operated by any Receivership Defendant; 

g. Manage and administer the Receivership Defendants and the Receivership Estate by 

performing all acts incidental thereto that the Temporary Receiver deems 

appropriate, including hiring or dismissing any and all personnel, suspending 

operations, and/or entering into agreements, including but not limited to: (1) the 

retention and employment of investigators, attorneys, or accountants, appraisers, 

and other independent contractors and technical specialists of the Temporary 

Receiver's choice, including without limitation members and employees of the 

Temporary Receiver's firm, to assist, advise, and represent the Temporary 

Receiver; and (2) the movement and storage of any equipment, furniture, records, 

files, or other physical propeity of the Receivership Defendants; 

h. Collect all funds owed to the Receivership Defendants; 

i. Initiate, defend, compromise, adjust, intervene in, dispose of, or become a party to 

any actions or proceedings in state, federal, or foreign coutt that the Temporary 

Receiver deems necessary and advisable to preserve or increase the value of the 

assets of the Receivership Estate or that the Temporary Receiver deems necessary 

and advisable to carry out the Temporary Receiver's mandate under this Order; 

15 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 15 of 23 PageID 36
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 16 of 23 PagelD 1891 

J. Issue subpoenas to obtain records pertaining to the Receivership and conduct 

discovery in this action on behalf of the Receivership Estate; 

k. Open one or more bank accounts and deposit all funds of the Receivership Estate in 

such designated accounts and make all payments and disbursements from the 

Receivership Estate from such accounts; 

1. 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, provided that the Temporary Receiver shall apply to the Comt 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 for 

payments that the Temporary Receiver deems necessary or advisable to secure the 

Receivership Estate from immediate and irreparable loss; and 

m. Maintain written accounts itemizing receipts and expenditures, describing 

properties held or managed, and naming the depositories holding funds or other 

assets of the Receivership Estate; make such written accounts and supporting 

documentation available to the CFTC and the States for inspection; and, within 

sixty days of being appointed and periodically thereafter, as directed by the Court, 

file with the Court and serve on the patties a report summarizing efforts to marshal 

and collect assets, administer the Receivership Estate, and otherwise perform the 

duties mandated by this Order. 

n. Provide the CFTC and the States with a full accounting of all Defendants' and 

Relief Defendant's funds, documents, and assets, including those outside of the 

United States from September 1, 2017 to the date of the Order. 

16 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 16 of 23 PageID 37
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 17 of 23 PagelD 1892 

V. Transfer of Funds and Records to the Temporary Receiver 

32. Absent a valid assettion by Defendants or Relief Defendant of their respective rights 

against self-incrimination under the Fifth Amendment, each Defendant and Relief Defendant 

shall, within five business days following the service of this Order: 

a. Transfer to the territory of the United States and deliver to possession, custody, and 

control of the Temporary Receiver, all assets of the Receivership Estate (other than 

real pro petty) and books and records of the Receivership Estate, located outside of 

the United States that are held by each and every Defendant and Relief Defendant, 

for their benefit, or under their direct or indirect control, whether jointly or singly. 

b. Provide the Temporary Receiver access to all records of the Receivership Estate 

and all assets of the Receivership Estate held by any financial or brokerage 

institution, business entity, or other person that receives actual notice of this Order 

by personal service or otherwise, located within or outside the territorial United 

States by signing any necessary consent forms. 

VI. Turning Over Assets and Records to the Temporary Receiver 

33. Upon service of this Order, and absent a valid assertion by Defendants and Relief 

Defendant of their respective rights against self-incrimination under the Fifth Amendment, 

Defendants and Relief Defendant, and any agents, employees, or pattners of the Defendants and 

Relief Defendant who are served with a copy of this Order, shall immediately or within such 

time as permitted by the Temporary Receiver in writing, deliver over to the Temporary Receiver: 

a. Possession and custody of all assets of the Receivership Estate, owned beneficially 

or otherwise, wherever situated; 

b. Possession and custody of all records of the Receivership Estate in connection with 

17 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 17 of 23 PageID 38
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 18 of 23 PagelD 1893 

their business activities and business and personal finances, including but not 

limited to, all records of accounts, all financial and accounting records, balance 

sheets, income statements, bank records (including monthly statements, canceled 

checks, records of wire transfers, and check registers); investor lists, title 

documents, and other records of the Receivership Defendants; 

c. Possession and custody of all assets belonging to members of the public now held 

by the Receivership Defendants; 

d. All keys, passwords, entry codes, and combinations to locks necessary to gain or to 

secure access to any of the assets or records of the Receivership Defendants related 

to their business activities and business and personal finances, including, but not 

limited to, access to the Receivership Defendants' business premises, means of 

communication, accounts, computer systems, mobile electronic devices, or other 

property; and 

e. Information identifying the accounts, employees, properties, or other assets or 

obligations of the Receivership Defendants. 

VII. Directive to Cooperate with Temporary Receiver 

34. Absent a valid assertion of their respective rights against self-incrimination under the 

Fifth Amendment, Defendants, Relief Defendant, and all other persons or entities served with a 

copy of this order shall cooperate fully with and assist the Temporary Receiver. This 

cooperation and assistance shall include, but not be limited to, providing any information to the 

Temporary Receiver that the Temporary Receiver deems necessary to exercising the authority as 

provided in this Order; providing any password required to access any computer or electronic 

files in any medium; and discharging the responsibilities of the Temporary Receiver under this 

18 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 18 of 23 PageID 39
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 19 of 23 PagelD 1894 

Order, and advising all persons who owe debts to the Receivership Defendants that all debts 

should be paid directly to the Temporary Receiver. 

VIII. Stay on Actions against the Receivership Defendants 

IT IS FURTHER ORDERED THAT: 

3 5. Except by leave of the Court, during the pendency of the receivership ordered herein, 

Defendants, Relief Defendant, and all other persons and entities shall be and 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, the Temporary Receiver, assets of the 

Receivership Estate, or the Receiver's duly authorized agents acting in their capacities as such, 

including but not limited to, the following actions: 

a. Petitioning, or assisting in the filing of a petition, that would cause the Receivership 

Defendants to be placed in bankruptcy; 

b. Commencing, prosecuting, litigating or enforcing any suit or proceeding against 

any of the Receivership Defendants, or any of their subsidiaries or affiliates, except 

that such actions may be filed to toll any applicable statute of limitations; 

c. Commencing, prosecuting, continuing, or entering any suit or proceeding in the 

name or on behalf of any of the Receivership Defendants, or any of their 

subsidiaries or affiliates; 

d. Accelerating the due date of any obligation or claimed obligation, enforcing any 

lien upon, or taking or attempting to take possession of, or retaining possession of, 

property of the Receivership Defendants, or any of their subsidiaries or affiliates, or 

any property claimed by any of them, or attempting to foreclose, forfeit, alter, or 

terminate any of the Receivership Defendants' interests in property, including 

19 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 19 of 23 PageID 40
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 20 of 23 PagelD 1895 

without limitation, the establishment, granting, or perfection of any security 

interest, whether such acts are pa1t of a judicial proceeding or otherwise; 

e. Using self-help or executing or issuing, or causing the execution or issuance of any 

comt attachment, subpoena, replevin, execution or other process for the purpose of 

impounding or taking possession of or interfering with, or creating or enforcing a 

lien upon any prope1ty, wherever located, owned by or in the possession of the 

Receivership Defendants, or any of their subsidiaries or affiliates, or the Temporary 

Receiver, or any agent of the Temporary Receiver; and 

f. Doing any act or thing to interfere with the Temporary Receiver taking control, 

possession, or management of the prope1ty subject to the receivership, or to in any 

way interfere with the Temporary Receiver or to harass or interfere with the duties 

of the Temporary Receiver, or to interfere in any manner with the exclusive 

jurisdiction of this Court over the property and assets of the Receivership 

Defendants, or their subsidiaries or affiliates. 

Provided, however, that nothing in this section shall prohibit any federal or sta,te law 

enforcement or regulatory authority from commencing or prosecuting an action against the 

Receivership Defendants. 

IX. Compensation for Temporary Receiver and Personnel Hired by the Temporary 

Receiver 

36. The Temporary Receiver and all personnel hired by the Temporary Receiver as herein 

authorized, including counsel to the Temporary Receiver, are entitled to reasonable 

compensation, to be paid solely from the assets of the Receivership estate, for the performance of 

duties pursuant to this Order and for the cost of actual out-of-pocket expenses incurred by them 

for those services authorized by this Order that when rendered were (1) reasonably likely to 

20 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 20 of 23 PageID 41
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 21 of 23 PagelD 1896 

benefit the receivership estate or (2) necessary to the administration of the estate. The 

Temporary Receiver and all personnel hired by the Temporary Receiver shall not be 

compensated or reimbursed by, or otherwise entitled to, any funds from the Court, the CFTC, or 

the States. The Temporary 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 and subsequent requests filed quarterly 

thereafter. The requests for compensation shall itemize the time and nature of services rendered 

by the Temporary Receiver and all personnel hired by the Temporary Receiver. 

X. Persons Bound by This Order 

3 7. This Order is binding on any person who receives actual notice of this Or~er by personal 

service or otherwise and is acting in the capacity of an officer, agent, servant, employee, or 

attorney of Defendants or Relief Defendant, or is in active concert or participation with the 

Defendants or Relief Defendant. 

XI. Bond Not Required of Plaintiffs or the Temporary Receiver 

38. As Plaintiffs CFTC and the States have made a proper showing under 7 U.S.C. §13a-l(b) 

and they are not required to post any bond in connection with this Order. The Te)llporary 

Receiver similarly is not required to post bond. 

XII. Service of Order and Assistance of U.S. Marshals Service and/or Other Law 

Enforcement Personnel 

39. Copies of this Order may be served by any means, including via email or facsimile 

transmission, upon any financial institution or other entity or person that may have possession, 

custody, or control of any records or assets of any Defendant or Relief Defendant, or that may be 

subject to any provision of this Order. 

21 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 21 of 23 PageID 42
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 22 of 23 PagelD 1897 

XIII. Staff of the CFTC and the States and Representatives of the United States Marshals 

Service are specially appointed by the Court to effect service. 

40. The United States Marshals Service is authorized to: a) accompany and assist 

representatives of the CFTC and the States in the service and execution of the Summons, 

Complaint, and this Order on the Defendants and Relief Defendants, and b) help maintain lawful 

order while representatives of the CFTC and States inspect records as provided in this Order. 

XIV. Service on the CFTC and the States 

41. Defendants and Relief Defendants shall comply with all electronic filing rules and 

requirements of the U.S. District Court for the Northern District of Texas and shall serve all 

pleadings, correspondence, notices required by this Order, and other materials on the CFTC by 

delivering a copy to Richard Foelber, Chief, Office of Cooperative Enforcement, and JonMarc 

Buffa, Deputy Chief, Office of Cooperative Enforcement, Commodity Futures Trading 

Commission, 1155 215t Street, NW, Washington, DC 20581, by electronic filing, e-mail, 

personal delivery or courier service (such as Federal Express or United Parcel Service) and not 

by regular mail due to potential delay resulting from heightened security and decontamination 

procedures applicable to the CFTC's regular mail. 

42. Defendants and Relief Defendants shall comply with all electronic filing rules and 

requirements of the U.S. District Comi for the Northern District of Texas and shall serve all 

pleadings, correspondence, notices required by this Order, and other materials on the States by 

delivering a copy to the State attorneys identified in the Complaint by electronic filing, e-mail, 

personal delivery or courier service (such as Federal Express or United Parcel Service). 

XV. Hearing on Preliminary Injunction and Granting of Expedited Discovery 

43. Plaintiffs' motion for a preliminary injunction and extending the appointment of the 

22 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 22 of 23 PageID 43
Case 3:20-cv-02910-L *SEALED* Document 16 Filed 09/22/20 Page 23 of 23 PagelD 1898 

Temporary Receiver is set for hearing on the 6th day of October, 2020, at 10:00 a.m. before the 

Honorable Sam A. Lindsay, Courtroom 1546, at the United States Courthouse for the Northern 

District of Texas located at 1100 Commerce Street, Dallas Texas 75242. Should any party wish 

to file a memorandum of law or other papers concerning the issuance of a preliminary injunction 

against Defendants and Relief Defendant, such materials shall be filed, served and received by 

all parties at least two business days before the hearing ordered above. 

44. Plaintiffs' additional Motion for Expedited Discovery is granted and in advance of this 

preliminary injunction hearing, the parties may conduct expedited discovery, and the prohibition 

upon discovery before the early meeting of counsel pursuant to FRCP 26(f), in accordance with 

FRCP 26( d), is removed. Depositions of patties and non-pa1ties may be taken subject to two 

calendar days' notice pursuant to FRCP 30(a) and 45, that notice may be given personally, by 

facsimile, or by electronic mail, and, if necessary, any deposition may last more than seven 

hours. 

XVI. Force and Effect 

45. This Order shall remain in full force and effect until October 6, 2020 at 5:00 p.m., unless 

extended fmther by order of this Court pursuant to Fed. R. Civ. P. 65(b)(2), and this Court 

retains jurisdiction of this matter for all purposes. 

SIGNED on this 22nd day of September, 2020. 

- J 

23 

Case 3:22-cv-01935-X Document 1-2 Filed 08/31/22 Page 23 of 23 PageID 44