43,

44,

XI.

44,

XIV,

45,

The United States Marshals Service, or state and local law enforcement in the applicable
judicial district, is authorized to: a) accompany and assist the Commission
representatives in the service and execution of the Summons, Complaint and this Order
on the Defendants, and b) help maintain lawful order while Commission representatives
inspect records as provided in this Order.

Upon the request of the Receiver, the United States Marshal Service, in any judicial
district, is hereby authorized to assist the Receiver in carrying out his duties to take
possession, custody and control of, or identify the location of, any assets, records or other
materials belonging to the Receivership Estate.

Service on the Commission

Defendants shall comply with all electronic filing rules and requirements of the U.S.
District Court of the Southern District of New York and shall serve all pleadings,
correspondence, notices required by this Order, and other materials on the Commission
by delivering a copy to Douglas Snodgrass, Division of Enforcement, Commodity
Futures Trading Commission, 77 West Jackson Blvd, Suite 800, Chicago, Illinois 60604,
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 Commission’s
regular mail.

Further Proceedings

uth
Plaintiff's Motion for a Preliminary Injunction is set for hearing on the finsdrcdaterday

2:00 Valent, pen.
of May, 2022, at [insert-time] _()_.m., before the Honorable [insert Htjudge’s-name};

4H Thergeed Wuacthal!
Courtroom inst rn a at the United States Costin for the Southern District of

46 Foley Savayt, New Yuk, BY jpg
New York at [insert-address;-eity,-state}, Should any bon” wish to file a memorandum of

20


33,

34,

whether jointly or singly, and the location of all records of the Receivership
Estate.

b. Transfer to the territory of the United States and deliver to possession, custody,
and control of the Temporary Receiver, all records and assets (other than real
property) located outside of the United States that are held by each and every
Defendants, for their benefit, or under their direct or indirect control, whether
jointly or singly.

c, Provide the Temporary Receiver access to all records of accounts or assets of the
Defendants held by financial or brokerage institutions located within or outside
the territorial United States by signing any necessary consent forms.

Absent a valid assertion by Defendants of their rights against self-incrimination under the

Fifth Amendment, Defendants shall, within twenty-four hours of the issuance of this

Order, cause to be prepared and delivered to the Temporary Receiver, a detailed and

complete schedule of all passwords and identification (ID) numbers for all websites,

cloud storage services, email and smartphone accounts, online chat and messaging
services, 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 have access in connection with their business activities and
business and personal finances.

Absent a valid assertion by Defendants of their rights against self-incrimination under the

Fifth Amendment, Defendants shall, within twenty-four hours of the issuance of this

Order, cause to be prepared and delivered to the Temporary Receiver, a detailed and

complete schedule of all passwords to, and the location, make and model of, all



reasonable, necessary and commensurate with the skill and
experience required for the activity performed;

iv, The Applicant has not included in the amount for which reimbursement
is sought the amortization of the cost of any investment, equipment or
capital outlay (except to the extent that any such amortization is
included within the permitted allowable amounts set forth herein for
photocopies and facsimile transmission); and,

v. In seeking reimbursement for a service which the Applicant justifiably
purchased or contracted for from a third party (such as copying,
imaging, bulk mail, messenger service, overnight courier,
computerized research, or title and lien searches), the Applicant
requests reimbursement only for the amount billed to the Applicant by
the third-party vendor and paid by the Applicant to such vendor. If
such services are performed by the receiver, the receiver will certify
that it is not making a profit on such reimbursable service.

B. At least 30-days prior to the filing of the Application with the Court, the
Applicant will provide to CFTC counsel a complete copy of the proposed
Application, together with all exhibits and relevant billing information in a
format to be provided by CFTC staff.

ll. ATTENDANCE AT HEARING ON APPLICATION

The Receiver or other Certifying Professional shall be present at any hearing to
consider the Application.

Il], CONTENT OF APPLICATION
The following information must be provided in the Application:

A. Information about the Applicant and the Application.

i. The time period covered by the application;

ii, The date the receiver was appointed, the date of the order approving
the employment of the Applicant and the date services commenced;

li. The names and hourly rates of all Applicant's professionals and
paraprofessionals (the “Fee Schedule”); and

iv. Whether the Application is interim or final, and the dates of previous
orders on interim Applications along with amounts requested and the
amounts allowed or disallowed, all amounts of previous payments, and
amount of any allowed Applications which remain unpaid.

B. Case Status (Narrative)

i. The amount of cash on hand, the amount and nature of accrued
administrative expenses, and the amount of unencumbered funds in
the estate;

i. Summary of the administration of the case, including all funds received
and disbursed, and when the case is expected to close;

iii, Summary of creditor claims proceedings, if applicable, including a
description of established or anticipated procedures for: (i) providing
notice to known and unknown claimants; (ii) receipt and review of



RELIEF GRANTED

IT IS HEREBY ORDERED THAT:

L

15,

Asset Freeze Order Prohibiting the Withdrawal, Transfer, Removal, Dissipation,
and Disposal of Assets

Defendants 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’ 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 Court;

Notwithstanding the provisions of this Section I, at the request of the Temporary
Receiver, Defendants and any other person who has possession, custody, or control of
any of Defendants’ funds, assets, or other property shall transfer Possession of all assets
subject to this Order to the Temporary Receiver in accordance with Section IV, V, and VI
of this Order,

The assets affected by this Order shall include existing assets and assets acquired after the
effective date of this Order, ;

Maintenance of and Access to All Records Relating to the Business Activities and
Business and Personal Finances

Defendants 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 Defendants,

Representatives of the Commission shall be immediately allowed to inspect any records
that, in part or in whole, contain, relate, or refer to the business activities or business or
personal finances of the Defendants, including, but not limited to, both hard-copy
documents and electronically stored information, wherever they may be situated and

5


XV.

46,

fo we ic

law or other papers concerning the issuance of a preliminary injunction against the _
ane Me Court

Defendants, such materials shall be filed, served and received by all parties at least two
days before the hearing ordered above. Sith paper 5 must be fi lecl on ECF.
Force and Effect

Way 24, ler
This Order shall remain in full force and effect until finsert-date fourteen days afterentry—
ofthe-erder] unless extended further by order of this Court pursuant to Rule 65(b)(2), and
this Court retains jurisdiction of this matter for all purposes,

o.SS Gan

IT SO ORDERED, at New York, NY on this finsert-date] day of May, 2022, at-finsert

time}——m.

16, . ¢ :
Nia eee RO
UNITED STATES DISBRICT JUDGE

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21



8.

9.

. Accounting/Auditing. Activities related to maintaining and

auditing books of account, preparation of financial statements
and account analysis.

Business Analysis. Preparation and review of company
business plan; development and review of strategies;
preparation and review of cash flow forecasts and feasibility
studies.

. Corporate Finance. If appropriate, review financial aspects of

potential mergers, acquisitions and disposition of company or
subsidiaries.

. Data Analysis/Computer Forensics.
. Status Reports. Preparation and review of periodic reports as

may be required by the court.

. Litigation Consulting. Providing consulting and expert witness

services relating to forensic accounting, etc.

Forensic Accounting. Reconstructing books and records from
past transactions and bringing accounting current; tracing and
sourcing assets.

Tax Issues. Analysis of tax issues and preparation of state and
federal tax returns.

Valuation. Appraise or review appraisals of assets.

V. PAYMENT OF FEES AND EXPENSES
A. Presentation of Fees and Expenses in Application

All fees and expenses must be necessary and reasonable; excessive
charges will not be paid. To the extent that an Applicant seeks
reimbursement of expenses, the Application shall include a
categorization of such expenses along with an exhibit summarizing the
total expenses for the period covered by the Application.

ii, All charges for litigation must be reasonably likely to produce a net

economic benefit to the estate. With respect to each litigation matter,
the Applicant shall certify that the Applicant determined that the action
was likely to produce a net economic benefit to the estate, based on
reviews of:

1.
2.
3.

The legal theories upon which the action was based, including
issues of standing;

The likelihood of collection on any judgment which might be
obtained; and

Alternative methods of seeking the relief, such as the retention
of counsel on a contingency basis. Retention of counsel on a
contingency fee basis should be pursued where the Receiver
(after consulting with Commission counsel) concludes that
retention of counsel under the approved fee schedule would
produce a lesser economic benefit to the receivership estate.
The Receiver should memorialize these cost-benefit analyses,



Spt
BILLING INSTRUCTIONS FOR RECEIVERS IN CIVIL ACTIONS
COMMENCED BY THE U.S. COMMODITY FUTURES TRADING COMMISSION

Except where inconsistent with guidelines established by the applicable district or
circuit court, the undersigned hereby represents that, if appointed receiver in a civil
action commenced by the U.S. Commodity Futures Trading Commission
(‘Commission’), each application for professional fees and expenses (the “Application”)
submitted by the receiver, including all contractors and/or professionals retained by the
receiver, will comply with these billing instructions (the "Billing Instructions”).
Undersigned further represents that any deviation from the Billing Instructions will be
described in writing and submitted to the Commission at least 30 days prior to the filing
of the Application with the Receivership Court. Following its receipt and review of
proposed applications as described in section A.2 below, the Commission may object to
deviations and charges with which it does not agree.

Undersigned acknowledges that all applications for compensation are interim and

are subject to a cost benefit review and final review at the close of the receivership. At
the close of the receivership, the receiver will file a final fee application, describing in
detail the costs and benefits associated with all litigation and other actions pursued by
the receiver during the course of the receivership.

Undersigned acknowledges that, to the extent requested by the Commission,
interim fee applications may be subject to a holdback of 20% of the amount of fees and
expenses for each application filed with the Court. The amounts held back during the
course of the receivership will be paid out at the discretion of the court as part of the
final fee application submitted at the close of the receivership.

Undersigned acknowledges that, all compensation will be paid from the
receivership estate and under no circumstances will the Commission be liable for
" receivership fees and/or expenses.

|. CERTIFICATION
A. Each Application must contain a Certification by the Applicant that:

i, The Certifying Professional has read the Application;

ii, To the best of the Applicant's knowledge, information and belief formed
after reasonable inquiry, the Application and all fees and expenses
therein are true and accurate and comply with the Billing Instructions
(with any exceptions specifically noted in the Certification and
described in the Application);

ii, All fees contained in the Application are based on the rates listed in the
Applicant's fee schedule attached hereto and such fees are


IX,

38.

affiliates, or the Temporary Receiver, or any agent of the Temporary Receiver;
and

f. Doing any act or thing whatsoever to interfere with the Temporary Receiver
taking control, possession, or management of the property 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 state law

enforcement or regulatory authority from commencing or prosecuting an action against

the Receivership Defendants. This Court shall retain jurisdiction over any action filed

against the Receiver or his retained professionals based upon acts or omissions

committed in their representative capacities.

Compensation for Temporary Receiver and Personnel Hired by the Temporary
Receiver

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 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 benefit the receivership estate; or

(2) necessary to the administration of the estate. However, the Temporary Receiver and
any personnel hired by the Temporary Receiver shall not be compensated or reimbursed
by, or otherwise be entitled to, any funds from the Court or the Commission. The

Temporary Receiver shall file with the Court and serve on the parties periodic requests

18



31.

addition to all powers and authority of a receiver at equity, and all powers conferred upon

a receiver by the provisions of 28 U.S.C. §§ 754, 959 & 1692, and Fed R. Civ. P. 66.

The Temporary Receiver is authorized to accomplish the following:

a.

Assume full control of the Receivership Defendants by removing Defendants
Eddy Alexandre and EminiFX, Inc., 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;

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, furniture, office supplies and equipment,
rights, credits, money, financial accounts of any kind (including but not limited to
bank, checking, savings, brokerage, cryptocurrency or similar) effects, land,
leases, books, records, work papers, and records of accounts, including
electronically-stored information (including but not limited to all computers,
laptops, hard drives, external storage drives, and any other such memory, media
or electronic storage devices), contracts, financial records, funds on hand in banks
and other financial institutions, certificates of deposit, stocks, bonds, debentures,
mortgages, and other securities and investments, cryptocurrency stored in any
form, 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;


investors. In addition, any necessary basic communications with
investors should be handled by clerical or paralegal staff (or
comparatively paid staff) to the extent possible. Expenses stemming
from a failure to comply with this policy will NOT be submitted.

Candidate for Appointment as Receiver
in Civil Action Commenced by the U.S.
Commodity Futures Trading Commission

L,) Cate

David A, Castleman

Raines Feldman LLP

One Rockefeller Plaza, 10th Floor
New York, NY 10020
dcastleman@raineslaw.com

T 310-440-4100

F 310-697-1367

Date: May 11, 2022



25,

I.
26,

27,

When inspecting and reviewing records and/or contents of forensic images that are
subject to this Order, including those contained on computers and/or other devices, the
Commission should undertake reasonable measures to prevent review of the Defendants’
privileged communications and/or other nonbusiness, nonfinancial materials by the
Commission’s attorneys and other staff who are part of the litigation team in this matter.
Moreover, Defendants (or their counsel) shall promptly contact Plaintiff's counsel to
assert any claims of privilege relating to the inspection and review of any records or
contents of forensic images that are subject to this Order and promptly cooperate with
Plaintiff's counsel to develop reasonable protocols to isolate and prevent disclosure of
claimed privileged and/or other nonbusiness, nonfinancial materials to the Commission’s
attorneys and other staff who are part of the litigation team in this matter, However,
nothing herein shall excuse Defendants from full and immediate compliance with this
Court's Order permitting Plaintiff to inspect and review the records and contents of
forensic images which relate to Defendants’ business activities and their business and
personal finances.

Notice to Financial Institutions and Others that Hold or Control Assets or Records
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 account or asset or
other property of Defendants shall not permit Defendants or other persons to withdraw,
transfer, remove, dissipate, or otherwise dispose of any of Defendants’ assets, except as
directed by further order of the Court.

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

this Order by personal service or otherwise shall not directly or indirectly destroy, alter,

7


20.

whether they are in the possession of the Defendants or others. To ensure preservation

and facilitate meaningful inspection and review of these records, Defendants shall allow

representatives of the Commission to make copies of these records, including complete
forensic images of any devices containing any such records, and if on-site copying of
these records and/or forensic imaging of these devices is not practicable, representatives
may make such copies and/or forensic images off-site. After any such off-site copying
and/or forensic imaging, Plaintiff shall promptly return the original documents and
devices upon which electronic information is stored.

To further facilitate meaningful inspection and review, Defendants shall, absent a valid

assertion of their rights against self-incrimination under the Fifth Amendment, promptly

provide Commission staff with:

a. the location of all records relating or referring to the business activities and
business and personal finances of the Defendants;

b, all identification numbers, account names, passwords, or any other log-in
credential in any form and other identifying information for websites, cloud
storage services, email and smartphone accounts, online chat and messaging
services, 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 to which the Defendants have access;
and

on all account names and passwords to, and the location, make and model of, all
computers and/or mobile electronic devices owned and/or used by Defendants in

connection with their business activities and business and personal finances.


39,

XI.
40.

XIL

4l,

42.

for the payment of such reasonable compensation, with the first such request filed no
more than 90 days after the date of this Order for fees and expenses incurred through
June 30, 2022; 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, The Temporary Receiver
shall also comply with the Billing Instructions, attached hereto as Exhibit A.

Persons Bound By this Order

This Order is binding on any person who receives actual notice of this Order by personal

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

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

Bond Not Required of Plaintiff or the Temporary Receiver
As Plaintiff Commission has made a proper showing under Section 6c(b) of the Act,
7 U.S.C. § 13a-1(b), it is not required to post any bond in connection with this Order.
The Temporary Receiver similarly is not required to post bond.

Service of Order and Assistance of United States Marshals Service and/or Other
Law Enforcement Personnel

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 that may be
subject to any provision of this Order.

Elizabeth Streit, Douglas Snodgrass, Matthew Edelstein, and Raymond Lavko and
representatives of the United States Marshals Service are specially appointed by the

Court to effect service.



Iv.
30.

transfers to and from the accounts, all other debit and credit instruments or slips,
currency transaction reports, 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’ funds at the
Temporary Receiver’s direction, and producing records related to business
activities or business or personal finances of Defendants’ to the Temporary
Receiver,

c. Not take any action, in active concert or participation with Defendants, contrary to
or inconsistent with this Order or to undermine the Temporary Receiver from
carrying out any authorized act under this Order.

Order Appointing Temporary Receiver

David A. Castleman is appointed Temporary Receiver, with the full powers of an equity

receiver for Defendant EminiFX, Inc. and its affiliates and subsidiaries owned or

controlled by Defendant EminFx,Inc. and all customer funds and property and other
assets traceable to customers in the possession of or under the control of Eddy Alexandre

(hereinafter referred to as the “Receivership Defendants”), and of all the 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. The Temporary Receiver shall have all powers, authorities, rights and

privileges heretofore possessed by the officers, directors, managers, managing members,
and general and limited partnerss of the Receivership Defendants under applicable state

and federal law, by the governing charters, by-laws, articles and/or agreements in

9



claims; (iii) making recommendations to court for payment or denial of
claims; and (iv) final disposition of claims. This summary should also
include the status of such claims proceedings after they have been
commenced;

iv. Description of assets in the receivership estate, including approximate
or actual valuations, anticipated or proposed dispositions, and reasons
for retaining assets where no disposition is intended; and,

v. Description of liquidated and unliquidated claims held by the receiver,
including the need for forensic and/or investigatory resources;
approximate valuations of claims; and anticipated or proposed
methods of enforcing such claims (including likelihood of success in: (i)
reducing the claims to judgment; and (ii) collecting such judgments).

C. Current and Previous Billings

i. Total compensation and expenses requested and any amount(s)
previously requested;
ii, Total compensation and expenses previously awarded by the court;
and
ili, Total hours billed and total amount of billing for each person who billed
time during the period for which fees are requested.

D. Standardized Accounting Report

The CFTC’s Standardized Accounting Report (“Report”) submitted by the
Receiver for the most recent quarter shall be attached to any fee application
as an exhibit. A Report form is attached.

\V. TIME RECORDS REQUIRED TO SUPPORT FEE APPLICATIONS

A.

Each professional and paraprofessional must record time in increments of
tenths of an hour, and must keep contemporaneous time records on a daily
basis.

. Time records must set forth in reasonable detail an appropriate narrative

description of the services rendered. Without limiting the foregoing, the
description should include indications of the participants in, as well as the
scope, identification and purpose of the activity that is reasonable in the
circumstances.

. lf applicable, the Application should separately describe each business

enterprise or litigation matter (/.e., Project) for which outside professionals
have been employed. For example, separate litigation matters should be set
out individually in the Application as individual Projects and each such Project
should contain Activity Categories as described in Sections |V.D and IV.E
below. Each Project Category should contain a narrative summary of the
following information:

i, A description of the project, its necessity and benefit to the estate and
the status of the project including pending litigation for which
compensation and/or reimbursement of expenses is requested;

ii, Identification of each person providing services on the project; and


22 CV 08822

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

COMMODITY FUTURES TRADING
COMMISSION,

Plaintiff,
v.

EDDY ALEXANDRE and
EMINIFX, INC.

Defendants.

Case No.: V2 ~ Cr 4272

“[PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR AN EX PARTE
STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY
RECEIVER, AND OTHER EQUITABLE RELIEF

Plaintiff, the Commodity Futures Trading Commission (“Commission”), has filed a

Complaint for Permanent Injunction and Other Relief and moved, pursuant to Section 6c(a) of

the Commodity Exchange Act (“Act”), 7 U.S.C. § [3a-1(a), and in accordance with Rule 65 of

the Federal Rules of Civil Procedure (“Rule 65”), for an ex parte statutory restraining order

freezing assets, allowing inspection of records, and appointing a Temporary Receiver. The Court

has considered the pleadings, declarations, exhibits, and memorandum filed in support of the

Commission’s motion, and finds that:

1. This Court has jurisdiction over this action under 28 U.S.C. § 1331 (federal question

jurisdiction) and 28 U.S.C. § 1345 (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). 7 U.S.C. § 13a-1(a) authorizes the Commission to seek injunctive

relief against any person whenever it shall appear that such person has engaged, is


of this Order; and Instruct the United States Postmaster to hold and/or reroute
mail which is related, directly or indirectly, to the business, operations or
activities of any of the Receivership Entities (the “Receiver’s Mail”), including all
mail addressed to, or for the benefit of, the Receivership Entities.

Collect all funds owed to the Receivership Defendants;

Initiate, defend, compromise, adjust, intervene in, dispose of, or become a party
to, any actions or proceedings in state, federal, or foreign court that the
Temporary Receiver deems necessary and advisable to preserve or increase the
value of the Receivership Estate or that the Temporary Receiver deems necessary
and advisable to carry out the Temporary Receiver’s mandate under this Order;
Issue subpoenas to obtain records and testimony pertaining to the Receivership
and conduct discovery in this action on behalf of the Receivership Estate;

File this Order and any necessary accompanying documents in any judicial
district of the United States pursuant to 28 U.S.C. §§ 754 & 1692;

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;

Take all necessary steps to obtain any required tax identification numbers and to
file tax returns and pay all tax liability for Defendant EminiFX, Inc; provided that
the Receiver shal! not be required to file tax returns for Defendant Eddy
Alexandre;

Make payments and disbursements from the Receivership Estate that are

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


Take all steps necessary to secure the business and other premises under the
control of the Receivership Defendants, including but not limited to premises
located at 31 W. 34th St., New York, NY;

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 an irreparable loss, damage, or injury to any customers or clients of any of
Receivership Defendants’ business activities;

Prevent the withdrawal or misapplication of assets entrusted to the Receivership
Defendants, and otherwise protect the interests of any customers or clients of any
of Receivership Defendants’ business activities;

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 property of the Receivership Defendants;

Open all mail directed to or received by or at the offices or post office boxes of
the Receivership Entities, and to inspect all mail opened prior to the entry of this

Order, to determine whether items or information therein fall within the mandates


Line
15

Number of Claims

No. of Claims Received This
Reporting Period

1Sb

No. of Claims Received Since
Inception of Estate

Line
16

Number of Claimants/investors

No. of Claimants/Investors Paid
This Reporting Period

16b

No. of Claimants/Investors Paid
Since Inception of Estate

Receiver:
By:
Signature

Printed Name

Title

Date: __



Standardized Accounting Report Form

STANDARDIZED ACCOUNTING REPORT FOR [insert name of estate] Receivership

Civil Court Docket No. [insert]

Reporting period MM/DD/YYYY to MM/DD/YYYY or Final Report Dated MM/DD/YYYY

Line 1

Line 2
Line 3
Line 4
Line 5
Line 6
Line 7

Line 9
Line
10

10a

10b
10c
10d

Line
11
Line
12
Line
13

Detall_| Subtotal

Grand
Total

Notes

Beginning Balance (A/O MM/DD/YYYY

Increases in Fund Balance

Business Income

Cash and Securities

Interest/Dividend Income

Asset Liquidation

Third Party Litigation Income

Other Miscellaneous

Total Funds Available - Total Lines 1-7

Decreases in Fund Balance
Disbursements to Investors

Disbursements for Receivership
Operations

Disbursements to Receiver/Other
Professionals

Third Party Litigation Expenses
Asset expenses
Tax Payments

Total Disbursements for Receivership
Operations

Disbursements Related to Distribution
Expenses

Disbursements to Court/Other

Other
Total Funds Disbursed - Total Lines 9 - 13

attorney fees;
litigation
expenses

specify fees,
expenses,
administrative,
claims

processing, etc,

specify

Line
14

Ending Balance (a/o MM/DD/YYYY)

Other Supplemental Information



28,

29,

or dispose of, in any manner, any records relating to the business activities and business

and personal finances of any Defendant.

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 asset titled in the name of, held for the benefit of, or otherwise under the
control of any Defendant, or has held, controlled, or maintained custody of any such

account or asset of any Defendant at any time since September 20, 2021, shall not deny a

request by the Commission to inspect all records pertaining to every account or asset

owned, controlled, managed, or held by, on behalf of, or for the benefit of Defendants,
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 Commission.

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

receives actual notice of this Order shall:

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, either
individually or jointly, including, but not limited to, originals or copies of account

applications, account statements, signature cards, checks, drafts, deposit tickets,


EXHIBIT A


iv.

through communications with the Receiver’s counsel, as
support for the engagement of such counsel.

Invoices and/or bills for each expense item for which reimbursement is
sought must be kept for seven (7) years after the close of the
receivership. Such support shall be provided on request to the court
and the CFTC and, in appropriate circumstances, to any party in
interest; provided that, where applicable, privilege or confidentiality can
be preserved.

Time spent preparing fee applications, or any documentation in
support thereof, may not be charged to the receivership estate.

B. Allowable and Non-Allowable Reimbursable Expenses

i,

vi.

Filing Fees, Process Service Fees, Witness Fees and Expert Witness
Fees, Filing fees, process service fees, witness fees and expert
witness fees (subject to court approval of the employment of any
professionals and the reasonableness of such fees shall be allowable
to the extent of the actual cost incurred by the Applicant.

Court Reporter Fees and Transcripts. Court reporter fees and copies
of transcripts shall be allowable to the extent of the actual cost incurred
by the Applicant.

Lien and Title Searches. The cost for lien and title searches (whether
done in house or by an outside vendor is allowable to the extent of the
actual cost incurred by, or invoiced to, the Applicant.

Photocopying. Photocopying shall be allowable at a cost not to
exceed $.15 per page. The Applicant shall set forth in its fee
application the total number of copies. Outside vendor photocopying
charges are allowable at the actual cost invoiced to the Applicant.
Necessary copies obtained from the Clerk of the Court (including
certified copies) or from the court approved copy service will be
permitted at the actual cost incurred by the Applicant. The Applicant
shall not reflect on the Application any copies for which the Applicant
has been, or expects to be, reimbursed (e.g. payment from the
opposing party for document production from which the Applicant has
been reimbursed).

Postage, Overnight Delivered Courier/Messenger Services. The cost
of postage, overnight delivery, and outside courier/messenger services
are reimbursable for the actual cost incurred, if reasonably incurred.
Charges should be minimized whenever possible. For example,
couriers/messengers and overnight delivery service should only be
used when first-class mail is impracticable.

Telephone. Long distance telephone charges are allowable to the
Applicant for the actual cost invoiced from the telephone carrier.
Charges for local telephone exchange service and cellular telephone
service shall not be reimbursable.



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, swaps contracts, or foreign exchange contracts),
cryptocurrencies, insurance policies, and all funds, wherever located, whether in the
United States or outside the United States,

The term “records” encompasses “documents” and “electronically stored information” as
those terms are used in Fed. R. Civ. P. 34(a), and includes, but is not limited to, all
writings, drawings, graphs, charts, photographs, 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 “records” also
includes all electronic communications and data, and includes, but is not limited to, all
emails, online chats, online messaging, or electronic communications of any kind. The
term “records” also refers to each and every such item in Defendants’ actual or
constructive possession, including but not limited to: (i) all such items within the custody
or control of any agents, employers, employees, or partners of the Defendants; and (ii) all
items which Defendants have a legal or equitable right to obtain from another person. A
draft or non-identical copy is a separate item within the meaning of the term. A record
also includes the file and folder tabs associated with each original and copy.

“Defendants” means and refers to Eddy Alexandre and EminiFX, Inc.


VI.
35,

computers and mobile electronic devices owned and/or used by Defendants in connection
with their business activities and business and personal finances. The schedules required
by this section shall include at a minimum the make, model and description of each,
along with the location, the name of the person primarily assigned to use the computer
and/or mobile device, and all passwords necessary to access and use the software
contained on the computer and/or mobile device.

Turning Over Assets and Records to the Temporary Receiver

Upon service of this Order, and absent a valid assertion by Defendants of their rights

against self-incrimination under the Fifth Amendment, Defendants and any other person

or entity 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 Defendants, wherever
situated, including those owned beneficially or otherwise;

b, Possession and custody of records of the Receivership Defendants in connection
with 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), client 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,

15



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;

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;
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;

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
without limitation, the establishment, granting, or perfection of any security
interest, whether such acts are part of a judicial proceeding or otherwise;

Using self-help or executing or issuing, or causing the execution or issuance of,
any court 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 property, wherever located, owned by or in the

possession of the Receivership Defendants, or any of their subsidiaries or


all assets Owned, controlled, managed, or held by Defendants, or in which they have any
beneficial interest (“Defendants? Assets”) so that the Temporary Receiver may preserve
assets, investigate and determine customer claims, determine unlawful proceeds retained
by Defendants and amounts due to customers as a result of Defendants? alleged
violations, and distribute remaining funds under the Court’s supervision,

There is also good cause to require an accounting by Defendants to the Temporary
Receiver to determine the location and disposition of customer funds,

There is also good cause to order repatriation of assets controlled by Defendants $0 that
such assets can be controlled by the Temporary Receiver and to assure payment of
restitution and disgorgement as authorized by the Court.

In summary, this is a proper case for granting a restraining order ex parte freezing assets,

Therefore, the Court orders the following,
DEFINITIONS

For the Purposes of this Order, the following definitions apply:


iii. A statement of the number of hours spent and the amount of
compensation requested by professionals and paraprofessionals on
the project.

D. In recording time, each professional and paraprofessional may, subject to
Section IV.E below, describe in one entry the nature of the services rendered
during that day and the aggregate time expended for that day in an Activity
Category (as described below) without delineating the actual time spent on
each discrete activity in an Activity Category, provided, however, single time
entries of more than one hour in an Activity Category that include two or more
activities must include a notation of the approximate time spent on each
activity within the Activity Category.

E. Time records shall be in chronological order by Activity Category. Only one
category should be used for any given activity and professionals and
paraprofessionals should make their best effort to be consistent in their use of
categories. This applies both within and across firms. Thus, it may be
appropriate for all professionals to discuss the categories in advance and
agree generally on how activities will be categorized. Every effort should be
made to use the listed categories in the first instance and to coordinate the
use of additional categories with other professionals in the case.
Notwithstanding the above, all categories must correspond with the Report.
The time information reflected on the Application shall also be supplied to the
CFTC counsel in an electronic format as directed by CFTC staff.

i, Legal Activity Categories. The following categories are generally more
applicable to attorneys but may be used by all professionals where
appropriate:

1. Asset Analysis and Recovery. Identification and review of
potential assets including causes of action and non-litigation
recoveries.

2. Asset Disposition. Sales, leases, abandonment and related
transaction work. Where extended series of sales or other
disposition of assets is contemplated, a separate category
should be established for each major transaction.

3. Business Operations. Issues related to operation of an ongoing
business.

4, Case Administration. Coordination and compliance activities,
including preparation of reports to the court, investor inquiries,
etc,

5. Claims Administration and Objections. Expenses in formulating,
gaining approval of and administering any claims procedure.

ii. Financial Activity Categories. The following categories are generally
more applicable to accountants and financial advisors, but may be
used by all professionals where appropriate:


engaging, or is about to engage in any act or practice that violates any provision of the
Act or any rule, regulation, or order promulgated thereunder,

Venue lies Properly within this District pursuant to 7 U.S.C, § 13a-I(e),

The Commission has made a proper prima facie showing that since September 2021,
Eddy Alexandre and EminiFX Inc, (EminiFX”) have made material misrepresentations
and omissions regarding what participant funds would be used for and expected returns
on investment, and have also misappropriated Participant funds to themselves,
Therefore, there is good cause to believe that Defendants have engaged in, are engaging
in or are about to engage in solicitation fraud and fraud by misappropriation, in violation
of Sections 4b(a)(1)-(2) of the Act, 7 U.S.C, § 6b(a)(1)-(2), and Regulation 5.2(b),

I7 CFR. § 5.2(b), fraud by a commodity pool operator (“CPO”), and the Associated
Person (“AP”) of a CPO, in violation of Section 40(1)(A) and (B), 7 U.S.C. § 60(1)(A),
(B); the employment, or attempted employment, of manipulative or deceptive devices
and contrivances, in violation of Section 6(c)(1) of the Act, 7 U.S.C. § 9(1) and
Regulation 180.1(a)(1)-(3), 17 CER, § 180. 1(a)(1)-(3) (2021).

There is also good cause to believe that immediate and irreparable damage to the Court’s
ability to grant effective final relief for customers in the form of monetary or other
redress will occur from the withdrawal, transfer, removal, dissipation or other disposition
of funds, assets or other Property (“assets”), and/or the destruction, alteration or
disposition of books and records and other documents (“records”) by Defendants unless
Defendants are immediately restrained and enjoined by Order of the Court.

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

or held by Defendants or in which they have any beneficial interest,


vil.

vill.

=

xi.

Facsimile Transmission. A charge for outgoing transmission to long
distance telephone numbers are reimbursable at the lower of (1) toll
charges or (b) if such amount is not readily determinable, $1.00 per
page for domestic and $2.00 per page for international transmissions.
Charges for in-coming facsimiles are not reimbursable. The
Application shall state the total number of pages of the outgoing
transmissions.

Computerized Legal Research. Computerized legal research services
such as Lexis and Westlaw are reimbursable to the extent of the
invoiced cost from the vendor; however, if such service is provided on
a monthly or other periodic rate, proportional usage shall not be
reimbursable.

Parking. Reimbursement for parking is allowable, including parking by
a professional to attend court proceedings, depositions or case
conferences, parking at the airport, and client and thirdparty parking.

Travel Expenses and Meals. Local travel time and related expenses
for destinations within a twenty (20) mile radius of the Applicant's office
including mileage, taxis, etc. and meals will NOT be reimbursed.
Mileage charges for out-of-town travel (outside a twenty (20) mile
radius of the Applicant's office) with one’s own car are reimbursable at
the lesser of the amount customarily charged clients or the amount
allowed by the Internal Revenue Service for per mile deductions. For
purposes of the foregoing, the Applicant's office shall be the office in
which the person incurring the travel expense is located.

Long distance travel time outside a twenty (20) mile radius of the
Applicant's office is reimbursable at 50% of the Applicant's regular
billing rate. The reimbursement of long distance travel expenses is
subject to the following limitations: 1) the Applicant shall seek and use
the lowest airfare or train fare available to the Applicant; 2) luxury
accommodations and deluxe meals are not reimbursable; 3) personal,
incidental charges such as telephone and laundry are not reimbursable
unless necessary as a result of a reasonably unforeseen extended
stay not due to the fault of the traveler; and 4) each out-of-pocket travel
and allowable miscellaneous administrative expense requires a receipt
that is to be attached to the invoice.

Word Processing, Document Preparation, Data Processing,
Proofreading, Secretarial and Other Staff Services, Secretarial, library,
word processing, document preparation (other than by professionals or
paraprofessionals), data processing and other staff services (exclusive
of paraprofessional services), including overtime for the foregoing, are
NOT reimbursable. Charges for proofreading for typographical! or
similar errors are NOT reimbursable whether the services are
performed by a paralegal, secretary or temporary staff.


32,

authority granted by, this Order, provided that the Temporary Receiver shall
apply to the Court 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;

Create and maintain a website for communications with investors in EminiFX and
update the website as appropriate to provide information to investors to the
activities and condition of the Receivership Estate; and ©

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 Commission for inspection; and, within sixty days
of being appointed and periodically thereafter, as directed by the Coutt, file with
the Court and serve on the parties a report summarizing efforts to marshal and
collect assets, administer the Receivership Estate, and otherwise perform the

duties mandated by this Order.

Accounting and Transfer of Funds and Records To The Temporary Receiver
Absent a valid assertion by Defendants of their respective rights against self-
incrimination under the Fifth Amendment, each Defendant shall, within five business

days following the service of this Order:

Provide the Temporary Receiver with a full detailed accounting of all assets,
including the assets inside and outside of the United States that are held by each

and every Defendant, for their benefit, or under their direct or indirect control,


VIL

36.

vil.

37.

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.

Directive To Cooperate with Temporary Receiver

Absent a valid assertion of their rights against self-incrimination under the Fifth
Amendment, Defendants 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 Order, and advising all persons who owe debts to the
Receivership Defendants that all debts should be paid directly to the Temporary
Receiver,

Stay on Actions Against the Receivership Defendants

IT IS FURTHER ORDERED THAT:

Except by leave of the Court, during the pendency of the receivership ordered herein, the
Defendants and all other persons and entities shall be and hereby are stayed from taking
any action (other than the present action by the Commission) 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, the Receivership Estate, or the Temporary