ALISON B. WILSON, (Attorney-In-Charge), pro hac vice pending 

SEAN HENNESSY, pro hac vice pending

Attorneys for Plaintiff 

COMMODITY FUTURES 

TRADING COMMISSION 

1155 21st Street, N.W. 

Washington, D.C. 20581 

Telephone: (202) 418-5000 

awilson@cftc.gov 

shennessy@cftc.gov 

THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF TEXAS 

 

COMMODITY FUTURES 

TRADING COMMISSION, 

Plaintiff, 

v. 

MARCUS TODD BRISCO, YAS 

CASTELLUM LLC, YAS CASTELLUM 

FINANCIAL LLC, TIN QUOC TRAN, 

FRANCISCO STORY, FREDIRICK 

SAFRANKO, a/k/a TED SAFRANKO, 

SAEG CAPITAL GENERAL 

MANAGEMENT LP, and MICHAEL 

SHANNON SIMS, 

Defendants. 

 

 

Civil Case No. 4:23-cv-00336 

 ORDER 

GRANTING PLAINTIFF’S MOTION 

FOR AN EX PARTE STATUTORY 

RESTRAINING ORDER, 

APPOINTMENT OF A TEMPORARY 

RECEIVER, AND OTHER 

EQUITABLE RELIEF 

United States District Court

Southern District of Texas

ENTERED

February 06, 2023

Nathan Ochsner, Clerk

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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. § 13a-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, appointing a Temporary Receiver, and granting expedited discovery. 

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 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. 

2. Venue lies properly within this District pursuant to 7 U.S.C. § 13a-1(e). 

3. The Commission has made a proper prima facie showing that the Defendants violated 

the law as follows. Since at least April 2020 through the present, Marcus Brisco (“Brisco”), Yas 

Castellum LLC (“Yas 1”), Yas Castellum Financial LLC (“Yas 2”), Tin Tran (“Tran”), and Michael 

Sims (“Sims”) have operated three interconnected fraudulent schemes by soliciting and/or accepting 

more than $146 million from customers purportedly to trade leveraged or margined retail foreign 

currency exchange (“forex”) and/or leveraged or margined gold-U.S. dollar pair (“XAUUSD”) 

transactions (“retail commodity transactions”). Yas 1, Yas 2, and Brisco knowingly made fraudulent 

and material misrepresentations and omissions about their historical trading profits, and regarding 

where they would maintain pool participant funds, how they would trade with those funds, and who 

would do the trading. In fact, Yas 1, Yas 2, Brisco, and Tran did not send any funds to a firm that 

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trades forex or XAUUSD. Instead, nearly all of the funds were directed to commodity pools 

controlled and operated by Tran (collectively, the “Tran Pools” and individually, “Tran-Pool 1”, 

“Tran-Pool 2”, and “Tran-Pool 3”), and Tran, Yas 2, and Brisco misappropriated a portion of the 

funds for other purposes. To conceal Yas 1’s scheme, Brisco provided pool participants with false 

account statements, and Sims directed Brisco to falsify wire transactions to disguise deposits as 

payments for “services”. Further, to conceal Tran’s scheme from regulators, Francisco Story and Ted 

Safranko, in their roles as directors and officers of SAEG Capital General Management LP (“SAEG 

GM”), knowingly submitted falsified bank statements to the National Futures Association (“NFA”) 

for Tran-Pool 1 accounts during an examination of SAEG GM. Yas 1, Yas 2, Brisco, and Tran failed 

to operate the commodity pools in accordance with Commission Regulations (“Regulations”) that 

require a commodity pool to: operate as a legal entity separate from the Commodity Pool Operator 

(“CPO”), receive funds in the name of the pool, and prohibit the commingling of commodity pool 

property with the property of any other person. In addition, Yas 2 and Tran failed to register with the 

Commission as a CPO, and Brisco failed to register as an Associated Person (“AP”) of Yas 2. 

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

engaging in, or are about to engage in acts and practices in violation of the Act, 7 U.S.C. 

§§ 2(c)(2)(C)(iii)(I)(cc), 6b(a)(2)(A)–(C), 6k(2), 6m(1), 6o(1)(A)–(B), and 13(a)(4), and Regulations 

17 C.F.R. §§ 4.20(a)(1), (b)–(c), 5.2(b)(1)–(3), and 5.3(a)(2) (2022). 

5. 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. 

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6. 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. 

7. There is also good cause for the Court to prohibit Defendants from destroying, altering 

or disposing of records, and/or denying representatives of the Commission access to inspect records, 

when and as requested, to ensure that Commission representatives have immediate and complete 

access to those records. 

8. 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, 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. 

9. There is also good cause to require an accounting by Defendants to the Temporary 

Receiver to determine the location and disposition of customer funds and ill-gotten gains. 

10. There is also good cause to order repatriation of assets 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. 

11. There is also good cause to remove the prohibition on early discovery to enable the 

Commission to determine the full extent of Defendants’ wrongdoing (including, but not limited to, 

the possible involvement of others); to locate other pool participants; to identify and assess 

Defendants’ entitlement to funds, assets and other property; and to clarify the sources of funds, assets, 

and other property in advance of a hearing to show cause as to why a preliminary injunction should 

not issue. 

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

assets, allowing inspection of records and appointing a temporary receiver, and granting expedited 

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discovery because the Commission is likely to succeed on the merits. Moreover, there is also a 

reasonable likelihood that Defendants will transfer or dissipate assets or destroy or alter records. 

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

DEFINITIONS 

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

13. 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. 

14. 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 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 nonidentical 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. 

15. “Defendants” means and refers to Marcus Todd Brisco, Yas Castellum LLC, Yas 

Castellum Financial LLC, Tin Quoc Tran, Francisco Story, Fredirick Safranko a/k/a Ted Safranko, 

SAEG Capital General Management LP, and Michael Shannon Sims. 

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RELIEF GRANTED 

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

Disposal of Assets 

16. 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; 

17. 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. 

18. The assets affected by this Order shall include existing assets and assets acquired after 

the effective date of this Order. 

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

Business and Personal Finances 

19. 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. 

20. 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 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 

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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. 

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

assertion of their respective 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 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, 

c. all 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. 

22. 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 or other legal objections 

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 

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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. 

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

23. 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, in active concert or participation with Defendants, 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. 

24. 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 

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. 

25. 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 Defendants, 

or has held, controlled, or maintained custody of any such account or asset of any Defendants at any 

time since April 1, 2020, shall not, in active concert or participation with Defendants, 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 

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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. 

26. 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, 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. 

IV. Order Appointing Temporary Receiver 

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

receiver for Defendants and their affiliates and subsidiaries owned or controlled by Defendants 

(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. 

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

a. Assume full control of the Receivership Defendants by removing Defendants Marcus 

Todd Brisco, Tin Quoc Tran, Francisco Story, Fredirick Safranko a/k/a Ted Safranko, 

and Michael Shannon Sims, 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 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 23638 

Providence Ridge Trail, Katy, TX, 15229 S Tall Woods Dr., Draper, UT, 13069 S. 

Cannon View Dr., Herriman, UT, 1791 Piihana Rd., Wailuku, HI, 109-39 Wayside 

Avenue, Scarborough, Ontario, Canada M1V 2Z4, 17201 Collins Ave Apt. 1404 (or 

Apt. 701), Sunny Isles Beach, FL, and 3300 Roswell Rd. NW Unit 4825, Atlanta, GA; 

d. 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; 

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e. 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; 

f. 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; 

g. Collect all funds owed to the Receivership Defendants; 

h. 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; 

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

discovery in this action on behalf of the Receivership Estate; 

j. 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; 

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k. 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 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; and 

l. 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 Court, 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. 

V. Accounting and Transfer of Funds and Records To The Temporary Receiver 

29. Absent a valid assertion by Defendants of their respective rights against selfincrimination under the Fifth Amendment, each Defendant shall, within five business days following 

the service of this Order: 

a. 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, 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) 

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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. 

30. Absent a valid assertion by Defendants of their respective rights against selfincrimination 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. 

31. Absent a valid assertion by Defendants of their respective rights against selfincrimination 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 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. 

VI. Turning Over Assets and Records to the Temporary Receiver 

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

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

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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, 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 

33. Absent a valid assertion of their respective 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 

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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.

VIII. Stay on Actions Against the Receivership Defendants 

IT IS FURTHER ORDERED THAT:

34. 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 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 without 

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limitation, the establishment, granting, or perfection of any security interest, whether 

such acts are part of a judicial proceeding or otherwise; 

e. 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 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. 

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

Receiver 

35. 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 

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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 for the payment of such reasonable compensation, with the first such request filed no more 

than sixty 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 

36. 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. 

XI. Bond Not Required of Plaintiff or the Temporary Receiver 

37. 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. 

XII. Service of Order and Assistance of United States Marshals Service and/or Other Law 

Enforcement Personnel 

38. 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. 

39. Alison B. Wilson, Sean P. Hennessy, Maura M. Viehmeyer, and Erica Bodin 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 the 

Commission representatives in the service and execution of the Summons, Complaint and this Order 

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on the Defendants, b) help maintain lawful order while Commission representatives inspect records 

as provided in this Order, and c) accompany and assist the Temporary Receiver and his 

representatives in the execution of this Order on the Receivership Defendants. 

XIII. Service on the Commission 

41. Defendants shall comply with all electronic filing rules and requirements of the U.S. 

District Court for the Southern District of Texas and shall serve all pleadings, correspondence, notices 

required by this Order, and other materials on the Commission by delivering a copy to Alison B. 

Wilson, Chief Trial Attorney, Division of Enforcement, Commodity Futures Trading 

Commission, 1155 21st Street, N.W., Washington, D.C. 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 Commission’s regular mail. 

XIV. Further Proceedings 

42. Good cause having been shown and the burden for issuing a preliminary injunction 

having been met by the Commission, this Court hereby orders Defendants to show cause why a 

Preliminary Injunction should not issue. The Order to Show Cause is set for hearing on February 

22, 2023, at 10:00 a.m., before the Honorable Lee H. Rosenthal, Courtroom 11-B, at the United 

States Courthouse for the Southern District of Texas at 515 Rusk St., Houston, TX 77002. Should 

any party wish to file a memorandum of law or other papers concerning the issuance of a preliminary 

injunction against the Defendants, such materials shall be filed, served, and received by all parties at 

least two full days before the hearing ordered above. 

43. Plaintiff’s request for expedited discovery is also granted. In advance of the hearing 

to show cause as to why a preliminary injunction should not issue, the parties may conduct expedited 

discovery, and the prohibition upon discovery before the early meeting of counsel pursuant to Rule 

26(f), in accordance with Rule 26(d), is removed. Depositions of parties and non-parties may be 

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taken subject to two calendar days’ notice pursuant to Rule 30(a) and 45, that notice may be given 

personally, by facsimile, or by electronic mail, and, if necessary, any deposition may be taken 

remotely and last more than seven hours. 

XV. Force and Effect 

44. This Order shall remain in full force and effect until further order of this Court. This 

Court retains jurisdiction of this matter for all purposes. 

IT SO ORDERED, at Houston, Texas on this 6th day of February, 2023, at 10:00 a.m. 

___________________________________ 

UNITED STATES DISTRICT JUDGE 

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