Jaime Judgment 5

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Case 6:09-cv-02021-JA-KRS Document 46 Filed 12/31/2009 Page 1 of 36

UN

ITED

STATES DI STRICT CO URT ' r 3

FOR THE

MIDDLE

DISTRICT OF FLORIDA

ORLANDO

DIVISIO N

r'''''

T

.;J

• L

FEDERAL TRADE COMMISS ION,

Plaintiff,

v

J

PM

ACCELERATED SERVICES INC.,

a florida corporat ion, el a

)

) NO.6:09·CV·202 1

·0RL

·28·

KR

S

)

)

Judge Antoon

) Magistrate Judge Spaulding

)

) STIPULATED

) PRELIMINARV INJUNCT ION

) AS

TO DEFENDAN

TS

) I

XE

ACCELERATED

Defendants.

)

FINANC

I

AL CENTERS

LLC

AND .JAI

ME

M. 'lAWLEY

Plainti ff, the Federal Trade Commission ( FTC or Commiss ion ), filed a

Comp

laint for Perman

en

t Injunction and

Other

Equitable Re

li

ef pursuant to Sections 13(b)

and 19 of the Federal Trade Commi

ss

ion Act ( FTC Act , IS U.S.C. §§ 53(b) and 57b, the

Telemarketing

and

Consumer Fr

aud and

Abuse

Prevention Act

("Te

l

emarketing Act")

, 15

U.S.C.

§§

6101 -6108, and the FTC

's

Trade Reg

ul at

ion Rule entitled Telemarketing Sales

Rule (the Rule

or TSR

.

The FTC also filed an Ex Parle Motion for Temporary

Restraining Order With Asset Freeze and the

Ap

pointment

of

a Rece ive r, which the

Co

urt

granted on

Novem

ber 30,

2009.

On December 11

,

2009

, the C

OLIrt

entered an

Ame

nd

ed

Preliminary Injunction agai nst

Defendants JP M Accelerated Services Inc. , I

XE

Accelerated

Se

rvices Inc ., IXE

Acce

lerated

Service

Centers In

c .,

MGA

Accelerated Services Inc., World C lass Savin

gs

Inc., Accelerated

Savi

ng

s Inc. , B&C financia l

Group

Inc., Jeanie B. Robert son; Brooke R

obe

rtson; Ivan X.


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Estrella; Kimberly Nelson; Paige Dent; Alexander J. Dent; Micha S. Romano; and Ashley M.

Westbrook, and extended the Temporary Restraining Order against Defendants IXE

Accelerated Financial Centers

LL

C and Jaime

M.

I-lawley through December 24, 2009, at

11

:59 p.m .

The

COlllm

issi

on

and Defendants IXE Accelerated Financial Centers

LLC

and Jai

me

M. Ha

wley, having been

re

presented by counse l and

ac

ting

by

a

nd

through such counsel,

h

ave

consented

to

entry

o

this Stipulated Preliminary Injullction as to Defendants

IX

E

Accelerated Financi

al

Ce

nt

ers L

LC

and Jaime

M.

Hawl

ey ( Stipu

la

ted Preliminary

In

junction

.

NOW THEREFORE, the Commission and Defendants IXE Accelerated Financial

Centers LLC

and

Jai

me M.

Hawley C'Stipulating Defendants ), having requested

the

Court

to

enter this Stipulated Preliminary Injunct ion , and the Court having cons ide red the Stipulated

PreliminaI)' Injunction and for other cause appearing, it is

ORD ERED ADJUDGED AND

DE

CREED

as fo

ows:

FIND I

NGS

I. Thi s COUri

ha

s jurisd iction over the subject matter of thi s case and over the

Stipu lating Defendants; and the Stipulating Defendants have been properly served with

process;

2. Venue lies properly wi th th is Cou rt ;

3.

Th

ere

is

good cause

to be

lieve that the S

ti

pulating Defendants have engaged

in , and are likely 10 engage in the future in , acts and practices that violate Section 5(a) o

tile

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fTC Act,

IS

U.S.C,

§

45(a), as well as various provisions

orthe

Te lemarketi ng Sa les Rule

( TSR ), 16 C. F.R. Part 3 10 , and that the Commiss ion is therefore likely to preva il on the

merits or thi s ac

ti

on;

4. There is good cause

to

be

li

eve that immediate and irreparable damage to the

Court ' s abili ty to grant effective fin


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terms are defined in the Uniform Commercial Code) , lines

of

credit, chattels, leasehol

ds

,

co

ntracts, mail

or

o ther de

li

veries, shares of stock,

li

sts of cons

umer

nam

es, accounts, credi ts,

premises, receivables, fund s, and all cash, wherever located.

2.

Ass

is

tin

g oth ers includes but is not limit

ed

to: ( I) perform ing

customer

se rvice funct ions, inc luding,

but

not limited to , r

ece

iving or res

ponding

to

consumer

co

mplaints; (2) formul at ing

or

providing,

or

arranging for the form ulat io n

or

provision of,

any sales script or

other

marketing mate rial ; (3) providin g

names

of, or ass isti ng in the

generation

of

, potential customers; (4) performing

or

provid ing

market

ing

or

bill ing services

of' any kind ; (5)

ac

t

in

g as an officer or

di

r

ector

of a business en tit

y;

or (6) pro

viding

te l

emarketing

services.

3.

Stipulating

Defendant

s means Defendants IXE Accelerated Financial

Cente rs

LLC

and Jaime M. H

awley

, and by what

eve

r

other nam

es

eac

h may be known.

4.

Individual Def

end,lIIt

s

m

ea

ns Jeanie B. Robertson; Brooke

Rob

ertson;

Ivan X. Estrella; Jaim e tv . Haw ley; Kimberly Nelson; Paige Dent;

Alexan

der

J.

Dent;

Mich

a

S.

Romano

; and

Ash

ley M. Westb rook, and by whatever othe r

name

s each may be

known

.

5. Corporate Defe

nd

a

nt

s means JPM

Acce

lerated Services Inc.; I

XE

Accelerated Fi nancial

Ce

nters LLC; I

XE

Accelerated

Se

rvices Inc.; IXE Accelera ted

Se

rvice

Centers

Inc.;

MGA

Accelerated Services Inc.; World

Cla

ss Savin

gs

Inc.; Accelerated

Savin

gs

Inc. ; and B&C Financial

Group

Inc.; and their Sllccessors and ass i

gns,

as we

ll

as any

subsidiaries. and any

fi

ctitious business entit ies

or

bus iness na

me

s created

or

used by these

ent ities, or any ofthclll.

Page 4 or

36


5/36


6.

Defend ant s means all of thc Individual Defcndants and the Corporate

Defendants, individually, co llec tively, or in any combination.

7.

Docum ent or Docum ents means any materials

li

stcd in Federal Rule of

Civ

il

Procedure 34(a) and includes writings, drawings, graph

s

charts. photographs, audio and

video recordings, computer rccords, and other data comp ilations fro

lll

which information can

be obtained and translated, if necessary, into reasonably usable form through detection

devices.

A d

raft

or

nonidentical copy is

a

separate Document within the meaning of the tenll.

8. Financi:

llln

stitution

t

means any ban

k

savings and loan institu

ti

on, credit

union, or any financial depository

or

any

ki nd

,

in

cl

ud

ing, b

ut

not limitcd to, any brokerage

hOllSC, trustec, broker-dealer, esc row agent, title company, commodity trading company, or

precious metal dea ler.

9.

Molterial

means likely

10 arreC

I a person

's

choice of, or

co

nduct regard

in

g,

goods or scrvices.

10. Per son mcn ns

a natural

pcrson an organization or other legal entity,

including a corporation, partnership, so

le

proprictorship, limited liability company,

assoc iation, coopc

rmi

vc, or any other group or comb

in

ation acting as an ent ity.

I

Pla int ifP ' mcans the Federa l Trade Commission ( Commission or FTC ).

12. uTclcma

rk

ctc I·

l

means any pcrson who, in connection with telemarketing,

initiates or rece ives telep hone ca

ll

s

to

or from

a

customer or donor.

16

C.F.R. § 3 10.2(bb).

13. Telema r keti ng means

a

plan, program, or campaign (whether or not

covered by the Telemarket ing

Sa

les Rule,

16

C.F.R. Part 3 10) which is conducted to induce

Page

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36


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the purchase of goods or services or a charitable cont ribut ion by usc of one or more

telephones.

1

4.

Recei

ve

rship Defendants means JPM Accelerated Services

In

c. ; IXE

Acceleratcd r inanci

al

Ce

nt

ers LLC; IXE Accelerated Services Inc.; IXE Accelerated Service

Centers

In

c.;

v

IG A Accelerated Services Inc

.;

World Class Savings

In

c.; Accelerated Savings

In

c.; and B&C rinancial Group Inc., and their sllccessors and ass igns, as well as any

subsidiaries, and any fi ctitious bu sine

ss

entities or business names created or used by these

entities, or any

of

them.

15. National Do Not a ll Regis 'y means the Na

ti

onal Do Not Call Registry,

which

is

th e o t ~ c registry maintained by the Federal Trade Commission pursuant to

16 C.F. R. § 310.4(b)( I)(iii)(B).

I

I'IWHIIIITEO BUS INESS ACTIVITIES

T

IS THEREFORI : ORDI :RED

th at

Stipulating Defendants, a

nd th

e

ir

o

ffi

cers,

agent s, servants, emp loyees and attorneys, and all oth er persons in ac

ti

ve concert or

participation with any

of th

em, who receive acltlal noti ce

of

this Order

by

personal service or

o

th erwise, whether acting direc tly or through any trust, corporation, subsidiary , division, or

other device, or any of

th

em, in connection with the telemarke

ti

ng, adve rtising, promoting,

marketing, proposed sale, or s

al

e of any product or service, are hereby res trained and

enjo in

ed

from:

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7/36


A Misrepresenting, or assisting others in misreprese nting, directly or indirectly,

expressly or by implicat i

on, any

material fact,

in

cluding, but

no

t limited to:

I that Defendants will substantially low

er

co nsumer

s

credit card interest

rates in all or virtually all instances;

2. that Defendants will save

co

nsumers

thousands

of

do

llars in a short

time in all or virtually a

ll

instances as a result of l

owere

d credit

card

inter

est

rates;

3. that Dcfendants will enable consumers

to pay

off

their

deb

ts mllch

faster, typically thr

ee

to five times faster, in all

or

virllmll y all instances,

as a

result

of

l

owered

credit card interest rates; and

4. that De fendant s will provide full refunds if consume rs do not save

thousands of dollars

in

a short time

as

a result of lowered credit

card

interest rates ;

B Violating, or ass isting others in violating, any provision orthe Telemarketing

Sa

les Rule, 16 C.F.R. Part 310 includin g, but not limited to:

I Seetion 310.3 a) 2) i ii)

orthe

TSR, 16 C FR . § 310.3 a) 2) iii),

by

misrepresenting, direct ly or by implication, that:

a. Defendant s will substantially lower

co

nsumers credit card

interest rates in a ll or

virt ua

ll

y a

ll

instances;

b. Defendants will save

co

nsumers

thousands

of dollars in a short

time in all or virtua lly all

in

stances as a res ult of

low

ered cr

ed it

card interest rates; and

Page 7 o f 36


8/36


C. Defendants wi

ll enab

le consumers

to pay

ofT

t

he

ir debt

s much

faster

, typically

three to

i

ve

times

faster, in

a

ll

or

virtually all

i

nstan

ces, as a r

es

ult oflowered credit card

interes

t rates;

2 Section 31 0.3 a) 2) iv) of the T

S

, 16 C F.R. § 31 0.3 a) 2) iv), by

misrepresent

in

g,

directly or

by impl

ic

at

i

on,

t

hat

Defen

dants

w

ill prov

i

de

f

ull refunds

i

con

su

mers

do

not save

th

ou

sand

s

o dollars in

a sho

rt tim

e

as

a

resu lt o

lowered

credit card

i

nterest rates

;

3. Sec

ti

on

31

O.4 b) I) i ii) B) of the TSR, 16 C.F.R. § 3 1O.4 b) I) i ii) B),

by

engaging

in

,

or

caus

in

g

others

to engage

in

,

initiat

i

ng an

ou

tbound

telephone call

to

a

person

when

that

perso

n s telephone

number

is on the

Nati

onal

Do

Not Ca

ll Regist

ry;

4 Section 310.4 b) I) i ii) A) of the TSR, 16 C.F.R. § 310.4 b) I) iii) A),

by

in

itiating, orcausing o

th

ers to initiate, an o

utbound

telephon e call to a person who

previollsly has stated that he or she

do

cs not

wish to

rece i

ve

an outbound telephone ca

ll

made

by or

on

behalf of the se llerwhose goods or

se

rvices are be

in

g offered;

5

Section

31

O.4 b) I) iy) of

th

e TSR,

16

C. F.R. § 3 10.4 b) I) iv), by

abandoning , or causing others to abandon,

an

ou

tb

o

und

te lephone ca

ll by

failing

to

connect

the call

to

a sa les

repr

esentative

within two

2) seco

nds

o

th

e c

omp

leted greeting o the

pe rson answering

the call;

6. Seetion 31 0 4 a) 7) of the TSR, 16 C.F .R. § 31 0.4 a) 7), by failing to

tran

s

mit or

cause

to

be

tran

s

mitt

ed the

tel

e

ph

one

number and

n

ame of

the

te

l

emarketer or

se ller

to any

caller identi fication se

rvic

e in lise by a rec ipient of a telemarketing call;

Page 8 o f 36


9/36


7.

Section 3 1O.4 d) I) , 2) and 3) of th e TSR, 16 C.F.R. § 3 1O.4 d) I),

2) and 3),

by

failing \ disclose truthfully, promptly and

in

a clear and conspicuous manner

the identity of th e seiler, that th e purpose of the call is to se

ll

goods

or

services, and the nature

of

the goods or se rvices;

8.

Section 3 10.4 b) I) v) I3 )

ii

) o f the TSR,

16

C.F. R.

§ 310.4 b) 1) v) B) ii),

by

initiatin

g,

or cau

si

ng others to initiate, outbound telephone calls

delivering prerecorded messages

1hat

do not promp

tl

y provide

th

e disclosures req uired

by

Section

31 O.4

d)

of

the TS

R;

anti

9. Section 3 10.4 b) I) v) A) i)- i

v)

of

th

e TSR,

16 C.

F.R. §

31

O.4 b)

1

)

v) A) i) - iv),

by initiating, or causing o

th

ers to initiate , an outbound telephone

call that deli ve rs a prerecorded message to induce

th

e purcha

s of

any good or se rvice , unless

the

s li

c

I

has obtained from the rec ipient orthe call an express agreement,

in

writing, that:

a. The se

ll

er obtained o

nl

y after a clear and conspic llous

di sc losure that the purpose

of

the agreement is to authori ze the

se ller

to

place prerecorded ca

ll

s to such person;

b.

e se

ll

er obtained without requiring, directly or indirectly,

that

the agreement be executed as a condition of purchasing

any good or service;

c.

Evidences

th

e willingness

of

the reci

pi

ent of the call

to

receive

calls that deli

ve

r prerecorded messages

by

or on bchal

fof

a

spec

ifi

c se

ll

er; and

Pa

ge

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36


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d. Includes such person

s

telephone number and signature.

II.

SSET FR I I ZE

IT IS FURT HER O ERE

that Stipulating Defendants and their officers agents

servants employees and attorneys and those persons or ent ities in active concert or

participation with any of them who receive aclllal notice

of

this Order by personal service or

otherwise whether acting directly or through any trust corporation subsidiary div ision or

other device or any

of

th

em except as provided herein as st ipulated by the parties or as

directed

by

further order

of

the Court are hereby restrained and e

nj

oined from:

A.

Transferrin

g

liquidating converting encumbering pledging loaning se

ll

ing

concealing dissipating

di

sbursing assigning spending withdrawing granting a lien or

security interest

or

other interest in or otherwise disposing of any funds real or personal

property accounts contracts shares of stock lists

of

consumer names or other assets or any

interest

th

erein wherever loca ted

in

cluding outside the territorial United States that ar

c:

I owned controlled or

he

ld by in who le or in part for the benefi t of or

subject

to

access by or belonging

to

any Defendant;

2. in the actual or construc tive possession o rany Defe ndant; or

3. in th

e actual or constructive possession of or owned controlled or

held by or subject to access by or belonging to any other corporation partnership trust or

any other entity directly or indirectly owned mana ged or contro

ll

ed by

or

under common

control wilh. any Defendant in

cl

uding but not limited to any assets held by or for any

Page

10

0

1

36


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Defendant in any account

at

any bank or savings and loan in stituti on, or wi th any credit card

process ing agent , automated clearing hOllse processor, network transaction processor, bank

debi t processing agent, customer service agent , commercial mail rece ivi ng agency, or ma il

holding or forwarding company, or any cred it llllion, retirement fund cuslOdian, money

market or mutual fund, s torage company, trustee, or with any broker-dealer, esc row agent,

titl e company, commodity trading company, precious metal dealer, or other financial

insti tution or deposi tory of any kind, either with in or o lltside the terr itorial Uni ted States.

B.

Openi ng

or

caus

in

g

to

be opened any sa

fe

deposit boxes,

o

mmercial mail

boxes. or storage facili ties titled

in

the name of any Defendant, or subjec t to access by any

Defendant or under any Defendant s co

nt

rol, wi thout provid ing the Commi ssion pri or notice

and an opportunity to inspect the contents in order lO determine that they con tnin no assets

covered by this Sec

ti

on;

C.

Cashing any checks

or

deposi ting any payments from customers or clients of

Defendan t

s;

D.

Incurring charges or cash advances on any c redi t card issued in the name,

si ngly or jo in tly, of any Defendant; or

E. Incurr ing liens or encumbrances on real property, pe rsona l property, or other

assets in the name, singly or jointl y

of

any Defend ant or

of

any corporat ion, partnership, or

other entity directly or indirect ly owned, managed , or controlled by any Defendant.

Notwithstand ing the asset freeze provisions

of

Sections II.A-E above, and subject to

prior written agreement with the Commiss ion, Defendant Ja im e M. Hawley may, upon

Page of 36


12/36


compliance with Section IV Financ inl Statements), fra pay from her individual personal

funds reasonabl

e

us

ual

, ordinary, and necessary l

iv

ing expenses.

The funds, property, and assets affected by

thi

s Section shall include both ex isting

assets and assets aCCJuired after the effec

ti

ve date

of

thi s Order.

I l l

DUTIES O F THIIW PARTIES I-IO LDI NG S

TIP

ULATI NG DEFENDAN T

S

ASSETS

IT IS FURTH ER OR ERE that any fin ancial institution, bu siness entity, or

per

so

n maintaining or havi

ng

custody or control

of

any account or other asset

of

any

Stipulating Defenda

nt

, or any corporation, partnership. or other entity directly or indirectly

owned , managed, or controlled by or und er common control with any Stipulating Defendant,

w

hi

ch is served with a copy of

thi

s Order, or otherwise ha s actual or constructive

kn

owledge

of

thi

s Order, shall:

A. Hold and retain within

it

s control and prohibit the withdrawal, removal ,

assignment. transfer, pledge, hyp

ot

hecation, encumbrance, disbursement , dissipation,

convers ion , sale, liquidation or other disposal of any of the assets, fund s documents, or other

property

he

ld

by

, or under its control:

I on behalf of, or for the benefit of, any Stipulating Defendant or any

other party subject to Section II above;

2.

in

any accounl maintained

in

the name of, or for the benefit of, or

subj

ect to withdrawal

by

, any StipU l

ati

ng Defe

nd

a

nt

or other party s

ubj

ect

to

Section

II

above; and

Page 120 f 36


13/36


3. that are subject

to

access or use by or under the signatory power of

any Stipulating Defendant or other party subject to Section II above.

B.

Deny Stipulating Defendants access to any safe deposit boxes or storage

facilities

th

at are either:

I. titled in the name individually or jointly of any St ipulating

Defendant or other party subject to Sec tion I I above; or

2.

subject

to

access

by

any Stipulating Defendant or othcr

pany

subject

to

Section

II

above.

C.

Provide the Commission within

fi ve

5) days of

th

e dale

of

service

of

this

Order a swo rn statement setting fo rth:

I

The identification n

um

ber of each account or asset tilled

in th

e name

individually or jointly of any StipUlating Defendant or held on behalfof or for the benefit

of any Stipu lat ing

Def

endant or o the r party subject

to

Section above including all trust

accounts managed on behalfof any Stipulating Defendant or subject to any StipUlating

Defendant s co ntrol;

2. The balance of cach such account or a description of the nature and

va

lue of such asset;

3. Thc identification and locat ion orany safe deposit box commercial

mail box

or

storage

fac

ility that is ei

th

er titled

in

the name individually or jointly of any

Stipulating Defendant or is ot herwise subject to access or control

by

any Stipulating

Defendant or other party subjec t to Sect ion

II

above whether

in

whole or

in

part; and

Page 13 of 36


14/36


4. If the account, safe depos

it

box, storage facili ty, or other asset has been

closed or removed,

Ih

e date clo sed or removed and the balance on said date .

D. Allow rep resentati ves of

Pl

ai nli fT immediate access to in spect and copy, or

upon Plainti IT s request, wilhin fi ve 5) business days of said request, prov ide the

Commission with co

pi

es o f all record s o r other documentation pertaining to each such

account or assel, including, but not li mited to, ori ginals or copies

ofacc

ounl applications,

account s tateme

S, corpo rate resolutions, signature cards, check s, drafts, depos it tickets,

transfers to and

fr

oll1lhe accounts, a

ll

oth

er

deb

it

and credit instrume

nt

s or slips, currency

transact ion r

ep

orts, 1099 fo rms, and safe d

ep

os

it

box logs; and

E. T

hi

s Section shall apply 1 exi sting accounts and assets, assets deposited or

accounts opened a ft er the effec ti ve date of this Order, and any accounts o r assets maintained,

he

ld

or controlled

..

ny time s in

ce

November 7, 2007. This Sec

ti

on sha

ll

not prohibit

transfers

in

acco rd ance with any provis ion o f thi s Order, any further order

of

the ourt , or by

wri nen agreem ent oflh e parties.

IV.

FIN NCI L ST TEMENTS

T IS fURTHER ORD ERE D that, if they have not done so a lready in compliance

with the temporary restra ining order previollsly iss lied in this matter, each S tipulating

Defendal11 shall serve upon counsel for Ih e Commission, no later than five 5) bus iness days

a ftcr entry of thi s O rd er, n completed fi nanc ial s

tfll

cment accurate as

o

rth

e

date of em

I )

of

this Order, on the fo rills served on Defendants with the x Parle Temporary Restraining

Page 14

0r

36


15/36


Order With Asset Freeze and the Appointment

of

a Receiver ( TRO ), signed under penalty

of perjury.

The financ ial statements shall include assets held ou tside the territory of the United

States, shall be accurate as of the date of the ent ry of this Order, and shall be verified under

oa th. Stipul ating Defendants shall attach to these completed financial statements copies of all

local, state, prov incia l, and feder

al

income

and

prope

rt

y tax retu

rn

s, with altachments and

schedu les, as called

fo

r by the

in

st

ru

ctions to the financial statements.

V.

MAI

N

TAI

N RE ORDS ANI REPORT NEW Il

US

rNESS AC

TIVITY

IT IS

FU

RTH ER ORDERED tha

t S

tipu

lat ing Defenda

nt

s,

and

their officers, agents,

se rvants, employees, and a ttorneys, and a ll other persons or entities in active concert or

participmion with any of them, who

re

ceive actual notice of this Order by personal se rvice or

otherwise, whether ac ting direc tly or th rough any trust, corporation, subsidiary, d ivision, or

o ther device, or any of th em, arc

he

reby re strained and enjoined from:

A f ailing to create and mai ntain books, records, accounts, bank statements,

curren t accoun tants' repo

rt

s, general ledger

s

general journals, cash rece ipt ledgers, cash

disbursement ledgers and source documents, doc uments indicat ing ti tle to real

or

personal

property, and any other data which, in reasonable detail, accurate ly. fairly and complctely

re

neet the

in

comes,

di

sbursements, transactions, dispos

it io

ns, and uses of the Stip

ul

ating

Defendan ts' asset

s;

Pa

ge 15 of 36


16/36


B. Destroying, e rasing, mutilaling, concealing, alterin g, transferring,

or

otherwise

di spos ing of, in any manner, directly or ind irect ly, any Document s, including electronically-

stored material s, that relate in any way to the business practic

es or

business or personal

fin ances of any Defendant; to the bus iness practices or finances of entities

di r

ec tly

or

indirectly under the control of any Defendant ; or to the business practices or finances of

entities directly or indir

ec tl

y under

comm

on control with any other

Def

endant ; and

C. Creating, opera ting, o r exercis ing any control over any new bus iness entity,

whether newly formed

or

previously inactive, including any partnership, limited partnership,

jo

int venture, sole proprietorship, o r corporati on, without first prov iding Plainti fr with a

written statement disclosing:

I)

the name of the business entit

y

2) the address and

telephone number of the bus iness entity;

3

) the names of the business entity s o rticers,

direc tors, principal s, managers, and employees; and (4) a detailed description of the business

entity s intended activiti es.

VI.

PROHIBITION

ON DI SCLOS ING

CUSTOMER

I

NFORMAT

ION

IT

IS

rURTH R

OR ERE th

at Stipulating De fendants, and their o

ffi

cers, agents,

servants, empl oyees, and allo

rn

eys, and all other person s in active concert or participation

with any of them, who rece ive actuail lo tice of thi s Order by personal service

or

otherwise,

are hereby res trained and enjo ined from:

A.

Se lling, renting, leas ing, transferring, or otherwise di sclosing the name,

address, birth date , telephone number, email address , Social Security number, Social

Page 16 of 36


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In surance number cred it card number bank account number or othe r

fi

nancial or identify

in

g

personal in forma

ti

on

of

any pe rson fro m whom or abo

ut

whom any Defendant obt a ined such

information in connectio n with activit ies alleged in the F

TC s

Complaint ;

8. Bene

fi

tt ing fro m or us ing the namc address birth date tclcphone number

ema il address Social Security numbcr Social Insurance number credit card number bank

account number or other fin ancial or identi fy ing personal in formation

of

any person fro m

whom or abo

ut

whom any Defendant obtained such info rm ation in co nnection with ac tiv it ies

a

ll

eged in the FT

C s

Complaint.

Provided however that Stipu lating Defcndants may disclose sllch financial or

identify ing personal information to a law enforcement agency or

as

re Juired

by

any law

regulation or courl orde r.

Page 17 of 36


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VI I

PERMANENT

RECEIVER

A APPOINTMENT OF PERMANENT RECEIVER

IT IS FURTHER OR ERE that Robert Morrison, previously appointed

Pemlancnt Equity Receiver ( Receiver ) in this matter pursuant to the Ame nded Preliminary

Injunction entered on December , 2009, is hereby also appo inted Permanent Equi ty

Receiver ( Receiver )ofDefendant IXE Accelerated Financial Ceillers LLC and any of its

affiliates, subsidia ries, divisions, or telephone sales operations, wherever located, with the

full power of an equity receiver; and Defendant IXE Accelerated Financial Centers LLC shall

be

included in Ihe term Receivership Defendants as defined herei

n

The Receiver sha

ll

be

the agent of this COllrl, and solely the agent of this Court, in acting as Receiver under this

Order. The Receiver shall be accountable directly to

thi

s Court. The Receiver shall comply

with all Local Rules of this Court governing rec eivers.

Il. RECEIVERSHIP DUTIES

IT IS U

RTHER OR ERE

th

at the Rece iver is directed and authorized to

accomplish the following:

1 Assume full control of the Receivership Defendants by removing, as

the Receiver deems necessary or advisable, any director, oBicer, employee, independent

contractor, or agent

of

the Receivership Defendants, including any Individual Defendant,

from control of, management of, or participation in , the affairs of the Receivership

Defendants;

Page ISof 36


19/36


2

Take exclusive custody, control, and

po

ssession

of

all Assets and

Documents of, or in the possess ion, custody, or under the cont rol of, the Rece ivership

D

ef

endants, wherever situated. The Recei

ve

r shall have full power to divert mail and to s

ue

fo

r, co

ll

cct, receive, take in possession, hold, and manage all Assets and Doc uments of the

Receivership Defendants and other persons or ent ities whose interests are now held by or

under the direction, possession, custody, or conlrol

of

the Receivership Defendants.

Provided, however, that the Rece iver shall not attempt to collect any amount from a

consumer, or allow any

Re

ceivership

ef

endant to do so,

if

th

e Receiver be lieves the

consumer was a victim of Ihe decepti ve aC ls or prac tices a lleged in the Complaint

in

thi s

matter;

3. Use any means necessary to take possession of and to secure a ll areas

of

the business premises

of

the Recei

ve

rship Defendants. Such steps may include, but are not

limited to, the following as the Receiver deems necessary or advisable: 1) serving this

Order; 2) completing a written inventory of a ll receivership Assets; 3) obtaining pertinent

information from all employees and other agents

of

the Receivership Defendants, includin g,

but not limited to, the name, home address, Soc ia l Security number, job description, method

of compensation, and all accrued and unpaid commissions and compensation

of

each sllch

employee or agent ; 4) v

id

eotaping all portions of the locations; 5) securing the locations by

changing the locks and di sconnecting any compute r modems or other means

of

access to the

computer or other records maintained at the locat ions ; 6) requiring any persons present on

the premises at the time thi s Order

is

served to leave the premises, to provide the Receiver

Pa

ge

9 of

36


20/36


with proofo identifica

ti

on, or to demonstrate to the sat isfaction o the

Re

ceiver that such

persons are not rem

ov in

g

from

the

pr

e

mi

ses Documents or Assets o the Receivership

Defendan

ts;

and /or 7) employ the assisl ll ce o law c

n

orcemcnt officers as the Receiver

deems necessary to implement the pro visions o thi s Order;

4.

Conserve, hold,

and

mana

ge

all receivershi p Assets, and perfonn all

act s necessary or adv isable

to pre

se rve the va

lu

e of those Asse ts in order

to

prevent any

irrepara

bl

e loss, damage, or

in

jury

to

consllmers or

to

creditors o the Re ceivership

Defendants includi

ng

, b

ut

nO

llim

iled to, ob

tai

nin g an accoun tin g

o

th

e Assets and

preventing transfer, withdrawal, or mi sa pplication o Asset

s

and including the authority

1

liquidate or close o

ut

any open sec uriti

es

or co

mm

odit y futures pos

iti

ons

o

the Receivers

hi

p

Defendants;

5. Enter into

co

ntm cts and purchase insurance as advisable or necessary;

6. Prevent the inequitable distribut ion o Assets and delennine, adjust,

and

protect the in terests of

co

nSllmers and creditors

who

have transacted business with the

Recei ver

s

hip

Defendant

s;

7.

Ma

nage

and

ad

mini

ster the busi ness of tile Receive rship Defe ndan ts

unt il

further order o

thi

s

COlirt

by performing al l incidental ac ts

th

at the Receiver deems to

be advisable or necessary w

hi

ch incl

udes

re

ta

ining,

hiri

ng or dismi ssing any employees,

independent contractors, or ag ents;

8. Choose, engage, and

em

ploy atto rneys, accountan ts, appraisers, and

other i

nd

ependem

CO

lllractors and tec

hn icn

l specialists as

Ih

e Receiver decms advisable or

Page

20

o 36


21/36


necessary in

th

e pe

rf

ormance

of

duties and responsi

bi li

ties under

th

e authority granted by this

Order;

9.

Make payme

nt

s and dis

bu

rsements

from

the recei

ve

rship esta

te

that are

necessary or ad visable for carry ing out

th

e directions of, or exercis ing

th

e authority granted

b

y th

is Order. The Rece i

ve

r shall apply to

th

e Court for

pri

or approval of any payment of

any debt or obligation incurred

by

the Receivership Defendants p

ri

or

to

the date of entry of

thi s

Or

der, exce

pt

payme

nt

s

th

at the Re ceiver deems necessary or adv isable

1

secure Assets

or

the Receive rship

ef

endants, such as rental payments;

1

0.

Determine a

nd

impleme

nt

the manner in w

hi

ch the

Re

c

ei

vership

Defendants will comply with, and prevent violat ions of, t

hi

s Order and all olller applicable

law

s;

I I.

In

stitute, compro

mi

se,

adju

st, appear

in

, intervene in, or beco

me

pany

to s ch actions or proceedings in state, federal or foreign co urts that

th

e Receiver deems

necess

ar

y and advisable to preserve or recover

th

e Assets of

th

e Receivership Defendants or

thallhe Receiver dcems necessary and advisable to cnr ry o

ut

the Receiver s mandate under

this O

rd

er;

12 . Defe

nd

, compromi se adjust, or o

th

erwise d ispose of any or all actions

or proceedings instituted in Ihe past or in

th

e futu re aga in st

th

e Rece i

ve

r in

hi

s role as

Receiver, or against the Re cei vership Defenda

nt

s that

th

e Receiver deems necessary and

advisable to preser

ve th

e Assels of the Recei

ve

rship Defe

nd

anls or that the Receiver deems

necessary and advisa

bl

e to carry out the Recei

ve

r s mandate under thi s Order;

Page 21

or

36


22/36


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

such manner to such extent and fo r suc h duration as the Receiver may n good fa ith deem to

be

necessary

or

appropriate

to

operate the bu

si ne

ss profi tably and lawfully. if at all; provided

however that the continuation and conduct of th e busi ness shall be conditioned upon the

Receiver

s

good faith determination thm the busine

ss

can be lawfully operated m a profi t

us

in

g the Assets of the receivershi p es

ta

te;

1

4.

Issue subpoena s to obtain D

oc

uments and records pertai

ni

ng to the

receivership

nd

conduct discovery

in

th is action on behalf

of

the receivers

hi

p estate;

15. Open one or more bank acco unts as designated depositories for funds

of the Receivership Defendants. The Recei vcr shall deposit all

fu

nds of the Rece ive rsh

ip

Defendants

in

such a designated account and s

ha

ll make a

ll

payments a

nd

disbursemen ts

from the rece ive rship estate from such

an

account;

16

. Maintain accurme records

of

a

ll

receipts and expenditures

th at

he or

she makes as Receiver;

17 . Cooperate with reasonable requests fo r information

or

ass istance frolll

any state or fcderal law enforcement agency ; and

18.

Fi

le reports with the Court on a timely and reasonable basis.

C. COOPERATION w ln l T I-II : REC EIV ER

IT IS FURTH ER ORD ERED

that:

I . Stipulating Defendants and their officers agent s servants employees

lI1d attorneys

an

d all ot

her

persons

in

active concert or participation with any of them who

Page 22 of 36


23/36


receive actual notice

of

this Order by personal service or otherwise, whether acting directly or

through any trust, corporation, subsidiary division, or other device, or any of them, shal l fully

cooperate wi

th

and assist

th

e Receiver. This cooperation and ass istance sha

ll

include, but not

be limited to:

a Providing any information

to

the Receiver that the Receiver

deems necessary

to

exercising the authority and discharg ing

th

e

responsibilities

of

the Receiver under th is Order;

b

Providing any password required to access any computer,

electro

ni

c file, or telephonic data in any med

iu

m; or

c

Advising all persons who owe money

to

the Receivership

Defendants that all debts should

be

paid direct ly to the

Receive r

2

Stip

ul

ating efendants and their officers, agents, servants, employees,

ancl attorneys, and a

ll

o

th

er persons

in

active concert or participation with any

of

them, who

receive actual nOlice of this Order

by

personal service or otherwise, whether acting directly or

through any trust , corporation, subsi

di

ary, division, or o

th

er device, or any of them, are

hereby restrained and e

nj

oined from directly or indirectl

y:

a. Transacting any of

th

e business of the Receivership

Defendants;

b

Destroying, secreting, defacing, transferring, or otherwise

altering or di sposing of any Doc uments oflhe Receivership

Page 23

of

36


24/36


Defendnnts including but not li mited to books records

accounts writings drawings graphs charts photographs

audio and vid eo recordings computer records and other data

compilations electronical ly-stored records or any othe r records

of any kind or nature;

c. Transferring receiving altering selling encumbering

pl edgin

g

assigning liquidating or otherwise disposing

of

any

Assets owned contro

ll

ed or in the possession or custody of or

in which an interest is he

ld

or claimed by th e Receivership

Defcndnnt s or the Receiver;

d. Excusing debts owed to th e Receivership Defendants;

e. Failing to noti fy the Rece ive r of any Asset including accounts

of

th e Rece ivership Defendants held in any name other than the

name of

th

e

Re

ce ivership

Def

endants or by any person or

entity

1

her than

th

e Rece ivership Defendants or

fa

iling to

provide

nny assistance or information req uested by the

Receiver in connection wi

th

obtaining possession cllstody or

control

of

sllch Assets;

r Doing any act or refrain ing from any act whatsoever

to

interfere with the Rece iver s taking cus tody control

possession or I1lnl1nging o f the Assets or Documents subject 1

Page 24 of 36


25/36


this rece ivership; or

to

harass or interfere with the Receiver in

any

way; or to interfere in

any

manner wi th the exclusive

jurisdiction of this Court over the Asse ts or Documents of

the

Rece i

ve

rs

hip

Defendants; or

to

refuse

to

coopera

te

with the

Receiver or the Rece iver s

du

ly authorized agents in

the

exercise of their duties or authority under any Order of t

hi

s

Court; or

g

Filing, or causing

to be filed

, any petition

on

behalf

of

any

of

the R

ece

ivers hi p Defendants

for

relief und er the United S

tat

es

Ban

kruptcy Code, U.S.C.

§

1 1 el seq. without prior

pemli

ss

ion from this Court.

D.

DEL

IVERY OF RECE IVERSHIP PROPERTY

IT IS FU

RTHER

ORDERED that:

I

Immediately up on se rvice

of

thi s Order upon them, or

wit hin

such

period

as

may

be

perm itted by the Rece iver, Stipul

ati

ng Defendants or any ot her person or

entity shall transfer or deliver

pos

sess ion , custody, and control

of

the followi ng to the

Re

ce

iver:

a

All Assets of the Receivership Defendants, including Assets

subject to repatriation pursuant to Sect

ion

VIII, infra;

b All Documents

of

the Receivership Defendants, including,

but

nOllimited 10 books

and

records

of

accounts,

all

finan cial and

Page 25 of

36


26/36


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 papers;

c All Assets belonging to members of the public now held by the

Receivership Defendants; and

d. All keys, codes, and passwords necessary to gain or to secure

access

to

any Assets or Documents

of

the Rece ivership

Defendants, including, but not limited to, access

to

their

business premises, means of communication, accounts,

computer systems, mail boxes,

or

other property. Thi s includes

providing the necessary means to gain access to at least the

following mail boxes:

I) PO Box 362301 , Melbourne, Florida 32936;

3) PO Box 362311 , Melbourne, Florida 32936; and

4) PO Box 3623 14 , Me lbourne, Florida 32936;

2 In the event any person or entity fails to deliver or transfer any Asset

or otherwise fails

to

comply with any provision of this Sec tion, the Receiver may file

x

p rle

an Affidavit

o f N o n ~ o m p

a n c e regarding the failure. Upon filing of the affidavit, the Court

may authorize, without additional process or demand, Writs

of

Possession or Sequestration or

other equitable writs requested by the Receiver. The writs sha

ll

authorize and direct the

Page 26 of 36


27/36


United States Marshal

or

nny sheriff

or

deputy sh

eriff of

any count

y,

or any other federal or

state law enforcement

of

fi

cer, 10 se ize the Asse l, Documen t or other thing and to deliver

it

to

the Receiver.

E. TRANSFER O f f UNDS TO THE RECEIVER

IT IS

FURHIER ORDERED

thm. upon se rvice of a copy

of

this

Or

der. all

Financial

In

stitutions, finance companies, com mc

l

ci

al

lending companies, credit card

processing age

nt

s or agents providing electronic funds transfer services or au tomated clearing

hO

ll

se proce

ss

ing, brokcrngc houses , escrow agcnts, moncy market

or

mutual fund

s

title

companies, co mmod i

ty

l ullIres merchants,

cO

lllmodity trading companies, prec io

ll

s meta l

dea lers, trustees, o r other financial insti

tu

tions or depositories

of

any kind , shall cooperate

with a ll reasonable rcq uc sts or lhe Receiver rclating to implementation

of

lhis Ord cr,

including transferring funds at his or her direct ion a

nd

produc ing records re lated to the Assets

of the Receivershi p Defendants.

f.

STA Y

OF

ACTIONS

IT IS FURTHER ORDERED thm:

1. Except by leave

of

lhis Court, during pendency

of th

e rece ivership

ordered herein, St ipul ating Defendants and a ll o

lh

er persons and e ntities be and hereby are

stayed rrom taking

mly

ac tion

to

estab

li

sh

0 1

enforce any claim, right, or interest for , against,

on behalf of, in , or in the name of, the Rece ive rship Defe

nd

ants, any

of

their subsidiaries,

affi liates, partnerships, Asse ts, Documents, or the Receiver or the Recei ver s duly authorized

agen ts act ing in the ir capacities as such, including, bu t not limited to, the fo llow ing ac tions:

Page 27 or 36


28/36


a. Commencing prosecuting cont inuing en tering or enforc

in

g

any suit or proceed ing excep

tlhm

s

ll

ch act ions may be filed

l

lo

ll

any app licable statute of lim itations;

b.

Acce lera ting the due date of any obligation or claimed

obligation; filing pe rfect ing or enforcing any lien; taking or

a

tt

empt ing to take possessio n custody or co ntro l of any Asset;

attem pting to

fo

reclose fo rfeit a

lt

er

or

terminate any interest

in any Asset wh

et

her such acts are part

of

a

jud

icial

proceeding are acts of self help or otherwise or setoff of any

debt owi ng to the Receivership Defend ants that arose before

the dme of th is Order against any claim aga in st the

Receivership Defendant

s;

c. Executin g. issuing ser ving or causing the execution issuance

or

serv ice

of

any legal process including but not limited to

attachments garni shm ents subpoe

na

s writs of replevin writs

o f exec lit ion or any other form of process whether specified in

this Order or not; or

d.

Doing any act or thi ng whatsoever to interfere with the

Receiver taking cus tody con trol possession or management of

th

e Assets or Docume

nt

s subject to thi s rece ivership or 1

hmass or interfere

wi

lh

th

e Receiver in any way or to interfere

Poge

28

of 36


29/36


in any manner with the excl usive jurisdict ion of this Courl over

the Assets or Documents

of

the Receivership Defendants.

2. This Order does not stay:

a.

The commencement or continuat ion

ofa

criminal action or

proceeding;

b. The commencement or continuation of an action

or

proceeding

by.a governmental unit to enforce such governmental unit s

police

or

regu latory power; or

c. The enforcemen t of a judgment, o ther than a money judgme

nt

,

obtained in an action or proceeding by a governmental unit to

enforce such governmental unit s po lice or rcgutalory power.

3. Except as ot herwise provided

in

this Order, all persons and entities

in

need of documentation from the Receiver shall in att instances first attempt to secure such

information by submitting a formal written request to the Receiver, and, if such request has

not been respondcd to within thirty (30) days of rcceipt by the Receiver, any such person or

entity may thereaftcr seek an O

rd

cr of this Court with regard to the relief requested.

G.

COM

PE NSATION

OF

R

ECE

IVER

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

Receiver as herein authorized, including counsel to the Receiver and accountant s arc entitled

to reasonable compensation for the

pe

rformance of duties pursuant to this Order and for the

cost of actual out·of·pocket expenses incurred

by

Ihem, from the Assets now held by, or

in

Page 29

r

36


30/36


the possession or control of, or w

hi

ch may be received by the Rece ivership Defendants. The

Receiver sha

ll

file wi th the Court and ser

ve

on the pa

rt

ies periodic requests for the payment

of

sllch rcasonablc compensation, with the first such rcquest

fi

led no more than sixty (60)

days after the datc

of

this Order. The Receiver sha

ll

not inc rease

th

e hourly rates lIsed as

th

e

bases fo r such fce applications withollt

pri

or approval

of

the Court.

U.

RE

CE

IVE R S BOND

IT

IS FUn THER OR ERE

th

at the Re ceive r, unl ess he has done so already

pursuant to the Amcnded Preliminary Injunct ion previously issued in this matter, sha

ll

fil

e

wi

th

the Clerk of this Court a bond in

th

e sum of IO OOO.OO with sureties to be approved by

the Court, con

di

tioned that thc Rc ceiver will wc

ll

and truly pc rfoml the dut ies o f the office

and abide by and perfo rm all acts the CO lirt di rects.

I ACCESS TO BUSINESS PR E

MISES

IT IS FURTHEIl ORDERED that Stipulat ing Defenda

nt

s, and

th

eir officers, agent

s

serva

nt s

employees, and attorneys, and a

ll

other persons in ac tive

co

nce

rt

or participation

with any ofthclll, who receive ac

tu

al notice of thi s Order

by

personal service o r otherwise,

whether act

in

g d

ir

ect ly or through any trust, corporation, sub sidiary, division, or o

th

er device,

or any of them, and

th

e Receiver, shall allow

th

e Commission

's

represe

nt

ati ves, agents, and

assista nts, as we

ll

as the Rece ivers

hi

p Defend ants represcntatives, and

th

e Ind iv id ual

Defendants

th

emselves, reasonable access

to th

e premises

of

the Receivership Defendants, or

any other p

re

mi ses where

th

e Receivership Defend a

nt

s conduct bus iness or tele

ph

o

ne

sales

operations. The purpose

of

this access shall be to in spect and copy any and a

ll

books,

Page 30 or 36


31/36


records, D

ocumen

ts accounts, and other property owned by, or in the possession

of

, the

Receivership Defendants

or

their agents.

Th

e Receiver sha

ll

have

the

discretion to determ i

ne

the time,

manncr

, and reasonable conditions

of

such access.

The

COlllmission

ma

y remove

materials frolll the Receivership Defendants bus iness pr

emises 1

inspect, invento lY, and

copy such material s.

The Commi

ss ion shall return mate

ri

als

so removed

within five

(5)

bus iness

days of

compl

eting

said inventory and copying.

VIII.

REPATR

IAT IO N

OF

ASS

ET

S AND D

OCU

M

ENT

S

LO

CA T E D IN

FOR

E IG N C O UN

TRIES

IT IS FU

RTH

E R

ORD

ER E D th

at

Stipulating Defen

dants

sha

ll

:

A. Wilhin t

hree (3)

business days following entry

of

this

Orde

r, take such

steps

as

are necessary to repatriate to the territory

of

the United S tates

of America

all D

ocuments

and

Assets that arc located outside such territory and are held by or for St ipu lat ing

De

f

endants

or

arc lll1de r Stipulating D

efendants

direct or indi rect control,

jointly

, sevcrally,

or

ind ividually;

B. Within three

(3)

business days

fo llowing

entry

of

thi s Order, provide Pl

aintiff

with

a

full accou nting

of

all Documents an l Assets that arc l

ocated

outside

of

the territory

of

the United States o f Amer ica or thai have been transferred to the territo ry of the Uni t

ed

Slates

of Ame

rica pursuant to

Subsect

ion A

above

and are held by

or

for

any

S

ti

pulating Defendant

o r are under any Stipulati ng Defendant

s

direct or indir

ec

t contro l,

joint

ly, severally, or

individually, including the addresses and nnmes of any foreign or domestic fi nancial

Page

31 of 36


32/36


in

stitution or other e

nti

ty ho

ld

ing the D

oc

um en

ts

H

nd

Assets, along with the acco

unt

numbers

and

ba lan

ces;

C.

I-Iold and

re

t

ai

n all such Documen

ts

and Assets

and

prevcnt any transfer,

disposition, or dissi

pa ti

on whatsoever

of

any such Documents or Assets; and

D.

Wi

thin th ree (3) bus

in

ess days fo llow ing en try of thi s Order. p

rov id

e Plai ntiff

access to Stipulating Defc

nd

ant s recor

ds

and

Doc um

ent s

held

by F

in

an

cial

Instituti

on

s or

ot

he

r entities o

llt

side the territo r

ia

l Uni

ted

States, by signi

ng

a

nd

de

live

ri

ng

to Plaimi

rrs

cO

lln

se l

lh

e Consent to

Re

lease

of

Fin anc ial Records a

tt

ached to the TRO as Attachment

A,

if th

ey

ha

ve

n

ot

done so already in

co

mp

li

an

ce

wi

th the TRO.

IX.

EXPE

IT

ED DI OV RY

IT IS FURT Ell ORDERED th

at

pu rsuant to Federal Rules of Civil Procedure

30(a), 31

n)

, 34, and 45, and notwith

st

anding the p

rov

isions

of Fe

deral Rules of Ci

vil

P

roce

du re 26(d)

an

d (I), 30(a)(2)(A), and 31 a)(2)(A), Pla

int

iff is gra

nt ed

leave, at any

tim

e

after ent ry

of

t

hi

s Order t

o:

A

Take the deposition of

any

person or entity, whether or n

ot

a pa rt

y,

for

th

e

p

urp

ose

of

discover

in

g the n

at

ure, locat ion. status. and exte

nt

of the assets of St ipulating

Defendants, and St ipulating De fen

da

nt

s

affi

lia t

es

and subsidiari

es; th

e nature and loca

ti

on of

doc um ents reflec ting the business

tr

ansact ions of Stipulating Defend a

nt

s, and Stipulating

Defendants a

ffi

liates and sub sid iaries; the loca tion

of

any premises where Stipula

ti

ng

De

fendant

s,

directly or throu

gh

any third p

ar

ty, con

du

ct business ope

ra

t

io

ns; the Sti

pu

la

ti

ng

P

age 32 of

36


33/36


Defendants whereabouts; and/or

the

appli cability of any ev identiary privi leges to

thi

s action;

and

B Demand the production of documents from any person or entity, whether or

0t a party, relating to the nature, s

tat

us, and extent of the

ass

ets of Stipulati

ng

Defendant s,

and Stipulating Defendant s affili at

es

and subsidi aries; th e nature and location of documents

re ec ting the

bu

siness transact ions of Stipulating Defendants, and Stipul

at

ing Defendants

affiliat

es

and subsidiaries;

th

e locati on of any prcmi ses where Stipulating Defendants,

directly

or

thro

ugh an

y third

pa

rty, conduct

bu

s

in

ess operations;

th

e Stipulating Defendants

wh ereabouts; and lor the applicability

of

any e

vid

entiary

pri

vileges to this action.

Three (3) days noticc sha ll be dee med suffi cient for any such depos ition, fi ve (5) days

notice s

haH

be deemed sufficient for th e production

of

any S

tich

documents, and twcnty-four

(24) hours notice shaH be deemed sufficicnt for the production of any such do cuments that

a

re

maintained or stored only as elec

tr

oni c data. The prov isions of

thi

s Sect ion shall apply

bo

th

to partics

to

thi s case and to non-parti es . Th e limitations and conditions set forth in

fe e

ra

l Rul es

of

Civil Procedure 30(

a)

(2)(A)(ii ) and

31

(a)(2)(A)(ii) regarding subsequent

depos itions of un indi vidual shall not

ap

ply to deposi

ti

ons taken pursuant to

thi

s Sec

ti

o

n.

An y such dcpo sitions

tak

en pursuant to thi s Sec tion s

hall

not

be

counted toward any limit on

the number of depositions

und

er

th

e Fed eral Rul

es

of Ci

vil

Procedure or the Local Rules of

th e Middle

Di

strict of Florida,

in

cl uding thos e set

fo

rth in Federal Rules

of

Civil

Pro

ce dure

JO a)(

2)

(A)

Hnd 31

(a)(2)(A). Service o r di scovery upon a party, taken pursuant to

thi

s

Sect

io

n, shall be sufficient if made through the means de scrib ed in Se ction X of

thi

s Order.

Page 33

of

36


34/36


X.

DISTRIB

U

TION

OF ORDER BY ST IP

UL TI

'G DE

FEND NTS

T S FURTHER

ORDERED

that Stipul ating Defendants shall immediately provide

a copy

of

thi s Order to each of thei r corporations, sub sidiaries, arfi

li

atcs, divisions, di rectors,

officers, agent s, par tners, successor

s

assigns, emp loyees, attorneys, agent

s

represe

nt

atives,

sales entities , sales persons, tclemarketers independent con tractors, and any o

th

er Persons in

active concert

or

participation

wi th

them. Within fi ve (5) calen

dar days

following ent

ry

of

th

is Order, each Stipu lati ng Defendant sha

ll

file w

it

h this

Co

urt and serve on Pl aintiff,

an

arfidav it identifying the name s tit l

es

, addresses and telephone numbers

or

the persons and

entities St ipulat ing Defendan ts have served wi th a co py

of

this O rder in compliance with this

provision.

XI.

SERVICE

OF

THIS ORDER

T

IS FURTl IER

OR ERE that copies

of

this Order may be di stributed by U.S.

first class mail, overn ig

ht

deliver

y

facsimile, electronic ma

il

, or persona lly, by age nts

or

employees of Plaintiff, by agents

0 1

employees

of

the Re ceiver, by any law enforcement

agency, or by private process server, upon any Persa

ll

, Financia l

In

sti tution, or o

th

er entity

th at may have possession or con trol of any property, property righ t, doc ument, or asset of any

St ipula

ti

ng Defend ant, or that may be subjec t to any provision of this Order. Service u

po

n

any branch

or

office of

allY

'inane ial In stitution

or

entity sha ll effect service upon the entire

financia l instit

ut

ion or en tity.

Page 34 of 36


35/36


XII.

CONSUMER

REPORTIN

G A

GEN

IES

IT IS FURT ER

OnO

ERE

thaI pursuant

to

Section 604

of

the Fair Credit

Reporting Act

15

U.S .

c §

1681b any consumer reporting agency may furnish a consumer

or credit report concerning any Stipulating Defendant

to

Plaintiff.

XIII.

CORR

I ONDENCr. WITH AND NOTI

E

TO

PL

A INTIFF

T

IS FURTHER OIlO ERE

that

for

purposes

of

this Order all correspondence

and pleadings to the Commission shall be addressed

to:

Guy

G.

Ward

Fede

ra

l Trade Commission

55 Wesl Monroe Street Suite 1825

Chicago Illinois 60603

3

1

2)

960-5612

[t

elephone]

3

1

2)

960-5600 [facsimile]

Pa

ge 35 of 36


36/36


XI

V.

RET ENTION OF J URISDICTION

IT IS FURTHER ORDERED

that Ih is

CO

ll

rl s

hall

rewinjurisdiction

of this matter

for

a

ll

purposes.

SO STI PULATED:

ls

GUY

G. Wa rd

Gu

y G.

Ward

Federal Trade

Co

mmi ss ion

55 \V. Monroe Street Suite 1825

Chicago

Illinoi

s 6060 3

Ph

on

e:

312)

96

0-5

61

2

F

ax:

312) 960·

56

00

Email: ( ward@ nc.g

v

Attorney

for

Plaintifr

Fed

e

ra

l Trade C

ommi

ss ion

/s/

H

ector

E. Lora

Hector E Lora

Cove Ass ciates P.A.

225 South 2 1 l Ave nue

o

ll

ywo od, Florida 33020

Phone: 954)

92 1-1121

Fax: 954) 92 I- I621

Ema

il:

hel

tq

co vc]aw .colll

Attorney fo

r Defe

ndants

IXE Accelerated Financia l Centers

LL

C

and Jaime

M.

Hawley

Sf

S ORDE RED , this ::> da

_ = ~ = = o =

2 0(

I-Ion.

J,

/ Ant

oo

n,

U

llit;s-r:state

s Dist

rict Jud

ge

Page 36 of 36

Jaime Judgment 5

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