Case 1:16-cv-20122-FAM Document 25 Entered on FLSD Docket ...

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

Case No. 16-20122-CIV-MORENO

ROBB EVANS &ASSOCIATES LLC as Receiverfor WORLD LAW DEBT SERVICES, LLC andWORLD LAW PROCESSING, LLC, and theirsuccessors, assigns, affiliates, or subsidiaries, andeach of them, by whatever names each might beknown, and FAMILY CAPITAL INVESTMENT &MANAGEMENT LLC, and its successors, assigns,affiliates, or subsidiaries, and each of them, bywhatever names each might be known,

Plaintiff,

v.

AKSIBAN LLC, a Delaware limited liabilitycompany,

Defendant.

MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT

Plaintiff Robb Evans &Associates LLC as Receiver ("Receiver") over World Debt

Services, LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or

subsidiaries, and each of them, by whatever names each might be known, and Family Capital

Investment &Management, LLC, and its successors, assigns, affiliates, or subsidiaries, and each

of them, by whatever names each might be known ("Plaintiff') hereby moves the Court for entry

of a judgment by default against defendant Aksiban LLC, a Delaware limited liability company

("Defendant" or "Aksiban"), pursuant to Rule 55(b) of the Federal Rules of Civil Procedure.

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Case 1:16-cv-20122-FAM Document 25 Entered on FLSD Docket 08/29/2016 of 6

Plaintiff submits the following in support of entry of a default judgment against Defendant

Aksiban.l

1. Defendant Aksiban is anon-natural person and is not subject to the potential

exceptions to entry of a default judgment applicable to an infant or incompetent or a person in

military service or otherwise exempted under the Servicemembers Civil Relief Act (50 U.S.C.

App. § 521).

2. Defendant has not appeared in this action despite having been duly served with

the Summons and Complaint in this matter. Defendant was required to file a responsive pleading

to the Complaint on or before February 12, 2016.

3. Defendant failed to file a response to the Complaint within the date by which its

responsive pleading was due or at any time thereafter, and Defendant Aksiban has not made an

appearance in this action.

4. The default of Aksiban was entered by the Clerk of the Court on February 26,

2016. A true and correct copy of the Clerk's Default is attached to the Declaration of Gary

Owen Canis ("Canis Declaration") as Exhibit 1.

5. Plaintiff seeks entry of a default judgment against Aksiban as follows:

A. On account of its first, second and third claims for relief, for avoidance of the

transfer of title to Aksiban to the following real property pursuant to Florida Stat. section

726.108 and granting Plaintiff Receiver recovery from Aksiban of (a) the legal and beneficial

ownership interest in the real property commonly described as 100 Birch Road, Apartment

2303F, Fort Lauderdale, Florida and legally described in Exhibit 4 to the Complaint ("Birch

Property"), a copy of which legal description is also set forth in Exhibit 5 to the Declaration of

Brick Kane ("Kane Declaration") filed in support of this Motion, and (b) the legal and beneficial

ownership interest in the real property commonly described as 100 N. Federal Hwy., Apartment

' On August 16, 2016, the Court conducted a status conference in this matter and directedPlaintiff to file a motion for entry of default judgment by 12 p.m. on August 30, 2016. Order onDefault Judgment, Doc. 22. This motion is timely filed pursuant to the Court's Order on DefaultJudgment.

2108656723.1


1215, Fort Lauderdale, Florida 33301 and legally described in Exhibit 5 to the Complaint

("Federal Property"), a copy of which legal description is also set forth in Exhibit 6 to the Kane

Declaration;

B. On account of its fourth and fifth claims for relief, for judgment that the Birch

Property and the Federal Property constitute property of the receivership estate over which the

Receiver is appointed in a related action, that Aksiban holds the legal and beneficial ownership

interest in the Birch Property and the Federal Property in constructive trust for the benefit of the

receivership estate over which the Receiver is appointed in a related action, and that the Receiver

is entitled to recover from Aksiban the legal and beneficial ownership interest in the Birch

Property and the Federal Property.

6. This application is supported by Plaintiff's Request for Judicial Notice, the Canis

Declaration concerning the entry of default and non-appearance by Defendant, and by the Kane

Declaration establishing the Receiver's right to recover the legal and beneficial interest in the

Birch Property and Federal Property.

7. This Motion is further supported by the memorandum of points and authorities

filed concurrently herewith and proposed Judgment lodged herewith.

WHEREFORE, Plaintiff prays for entry of a default judgment against Aksiban as

follows:

A. On account of its first, second and third claims for relief, for avoidance of the

transfer of title to Aksiban to the Birch Property and Federal Property pursuant to Florida Stat.

section 726.108 and granting Plaintiff Receiver recovery from Aksiban of (a) the legal and

beneficial ownership interest in the Birch Property, and (b) the legal and beneficial ownership

interest in the Federal Property;

B. On account of its fourth and fifth claims for relief, for judgment that the Birch

Property and the Federal Property constitute property of the receivership estate over which the

Receiver is appointed in the related action Consumer Financial Protection Bureau v. Orion

Processing LLC, etc., et al., Case No. 15-23070-Civ-COOKE/TORRES pending in this Court,

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that Aksiban holds the legal and beneficial ownership interest in the Birch Property and the

Federal Property in constructive trust for the benefit of Plaintiff and the receivership estate over

which the Receiver is appointed in a related action, and that the Receiver is entitled to recover

from Aksiban the legal and beneficial ownership interest in the Birch Property and the Federal

Property.

Dated August 29, 2016 Respectfully submitted,

By: /s/ Michael E. StrauchMerrick L. GrossFlorida Bar No. 716677Michael E. StrauchFlorida Bar No. 13988CARLTON FIELDSMiami Tower100 S.E. 2"d Street, Suite 4200Miami, Florida 33131Tel: (305) 530-0050Fax: (305) 530-0055E-mail: [email protected]

powers@carltonfields. [email protected]@carltonfields.com

Local Counsel for Plaintiff

By: /s/Gary Owen CarisGary Owen CarisAppearing Pro Hac ViceCalifornia Bar No. 088918Lesley Anne HawesAppearing Pro Hac ViceCalifornia Bar No. 117101DIAMOND MCCARTHY LLP1999 Avenue of the Stars, Suite 1100Los Angeles, CA 90067Tel: (310) 651-2997Fax: (424) 253-1101E-mail: [email protected]

lhawes@diamondmccarthy. comLead Counsel for Plaintiff

4108656723.1


CERTIFICATE OF GOOD FAITH CONFERENCE; UNABLE TO CONFER

Pursuant to Local Rule 7.1(a)(3)(B), I hereby certify that Defendant Aksiban, LLC, the

only other party in this action, was defaulted by the Clerk of Court on February 26, 2016, has not

made an appearance in the case, has made no contact with Plaintiff and its current contact

information is iu~kuown to the undersigned. Accordingly, the undersigned has not been able to

confer with defendant Aksiban LLC regarding the relief sought in this motion.

Dated this 29`" day of August, 2016, at Los Angeles, California.

/s/ Gary Owen CarisGary Owen CarisAppearing Pro Hac ViceCalifornia Bar No. 088918Lesley Anne HawesAppearing Pro Hac ViceCalifornia Bar No. 117101DIAMOND MCCARTHY LLP1999 Avenue of the Stars, Suite 1100Los Angeles, CA 90067Tel: (310) 651-2997Fax: (424) 253-1101E-mail: [email protected]

lhawes@diamondmccarthy. com

5108656723.1





Plaintiff,

v.


Defendant.

MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ENTRY OF DEFAULTJUDGMENT AGAINST DEFENDANT [F.R.C.P. 55(b)]

Plaintiff Robb Evans &Associates LLC as Receiver ("Receiver") over World Debt

Services, LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or

subsidiaries, and each of them, by whatever names each might be known, and Family Capital

Investment &Management, LLC, and its successors, assigns, affiliates, or subsidiaries, and each

of them, by whatever names each might be known ("Plaintiff') hereby submits its Memorandum

of Law in support of entry of a judgment by default against defendant Aksiban LLC, a Delaware

limited liability company ("Defendant" or "Aksiban"), pursuant to Rule 55(b) of the Federal

Rules of Civil Procedure.

I. INTRODUCTION

Plaintiff filed a complaint against Aksiban on January 8, 2016 asserting five claims for

relief focused on the recovery for the receivership estate of two real properties titled to Aksiban

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Case 1:16-cv-20122-FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 1 of 14

and paid for with receivership funds. Aksiban is a Delaware limited liability company.

Complaint, para.l0. Plaintiff served the summons and complaint on its registered agent for

service of process on January 22, 2016. Doc. No. 12. The proof of service was filed with the

Court on February 3, 2016. Doc. No.12. Aksiban has not responded to the complaint or made

an appearance in the action. Aksiban has not contacted Plaintiff since it was served with the

summons and Complaint. Declaration of Gary Owen Caris ("Caris Decl."), para. 5. Aksiban's

default was entered by the Clerk on February 26, 2016 pursuant to an order of the Court directing

the entry of the default. Doc. Nos. 13 and 14. Plaintiff Receiver now seeks entry of a default

judgment against Aksiban.

II. STATEMENT OF FACTS

The Receiver is a federal equity receiver appointed by this Court in the related action

brought by the Consumer Financial Protection Bureau styled as Consumer Financial Protection

Bureau v. Orion Processing, LLC, etc., et al., U.S.D.C., S. D. Fla. Case No.1:15-cv-23070-MGC

("CFPB Action"). Complaint, paras. 1-4. The Court in the CFPB Action issued multiple orders

pursuant to which the Receiver was appointed over various defendants and related entities,

including the Preliminary Injunction with Asset Freeze, Appointment of Receiver, Expedited

Discovery, and Other Equitable Relief as to Defendants Orion Processing, LLC, Bradley James

Haskins, World Law Debt Services, LLC and World Law Processing, LLC ("World Law

Preliminary Injunction ") attached as Exhibit 2 to the Complaint herein.

Pursuant to the World Law Preliminary Injunction, the Receiver was appointed receiver

over the entities World Law Debt Services, LLC ("WL Debt") and World Law Processing, LLC

("WL Processing") and their successors, assigns, affiliates, or subsidiaries, and each of them, by

whatever names each might be known, provided that the Receiver has reason to believe they are

owned or controlled in whole or in part by any of the defendants in the CFPB Action. Bradley

James Haskins ("Haskins") is one of the defendants in the CFPB Action, and he owns and

controls WL Debt and WL Processing. Complaint para. 11. The Complaint against Aksiban

alleges that the defendant is also owned and controlled by Haskins and that based on the

common ownership and control of WL Debt, WL Processing and Aksiban by Haskins, Aksiban

is an affiliate of WL Debt and WL Processing and a Receivership Defendant under the terms of

the World Law Preliminary Injunction. Complaint para. 11.

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Another entity owned and controlled by Haskins and therefore also a Receivership

Defendant is WLD Price Global, Inc. ("WLD Price Global"). Complaint, para. 14. WLD Price

Global operated what purported to be a consortium of international law firms through World

Law Group. Complaint para. 14. WLD Price Global and various other entities affiliated with

WL Debt and WL Processing through the "World Law Group" consortium which were under the

ownership and control of Haskins purported to provide debt relief services and engaged in

practices that violated consumer protection laws, including without limitation the Telemarketing

Sales Rules ("TSR"), 16 C.F.R. section 310.3(a)(2)(II) and (x) and the Consumer Financial

Protection Act ("CFPA"), 12 U.S.C. sections 5531(a) and 5536(a)(1) and 15 U.S.C. section

6102(c)(2) and the laws of several states. These entities also engaged in deceptive and fraudulent

practices in violation of applicable law to the injury of consumers by (a) collecting advance fees

from consumers in connection with promises to provide consumers debt relief services and legal

representation by local attorneys in their state and not providing the promised legal

representation; and (b) engaging in deceptive marketing practices for the debt relief services and

legal representation services they promised to provide consumers (the "fraudulent scheme").

Complaint para. 15. WLD Price Global and other entities owned and controlled by Haskins

participated in the fraudulent scheme by, among other things, their receipt and transfer of funds

generated by the fraudulent scheme. Complaint para.l6. WLD Price Global received not less

than $6.8 million obtained from consumers as part of the fraudulent scheme. Complaint para.

22.

Since at least May 2013, the State of North Carolina and the State of Connecticut

commenced actions or proceedings against certain defendants in the CFPB Action including

Haskins, the World Law Group and WL Debt, alleging violations based on applicable state

consumer protection laws arising since in or about 2010 when Haskins and World Law Group

began their debt relief services and began perpetrating the fraudulent scheme. Complaint para.

17. Since at least 2010, state and federal government agencies and consumers who dealt with

WL Debt and WL Processing had potential claims against WL Debt and WL Processing and

their affiliate WLD Price Global for violation of applicable consumer protection laws. Though

the amount of the claims of such consumers and government agencies ("Consumer Injury

Claims") had not yet been finally determined at the outset of the instant action (Complaint para.

18), nn July 5, 2016, the CFPB filed a motion for entry of default judgments against certain of

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the defendants in the CFPB Action, including WL Debt and WL Processing. See Doc. No. 97 in

the CFPB Action of which Plaintiff requests the Court take judicial notice. The Court in the

CFPB Action entered a default judgment for equitable monetary relief against WL Debt and WL

Processing in the amount of $106,813,049 on August 1, 2016. See Doc. No. 104 in the CFPB

Action of which Plaintiff requests the Court take judicial notice, and a copy of which is attached

to the Kane Declaration as Exhibit 1. In addition, defendants Derin Scott and David Klein have

recently stipulated to judgment in favor of the CFPB, jointly and severally, in the identical sum

of $106,813,049. See Joint Motion of Plaintiff and Defendants Derin Scott and David Klein and

Relief Defendant Shannon Scott to Enter Stipulated Final Judgment and Order filed July 19,

2016, Doc. No. 101 in the CFPB Action, and the Stipulated Final Judgment, Doc. No. 105, of

which Plaintiff requests the Court take judicial notice. A copy of the entered Stipulated Final

Judgment is attached to the Kane Declaration as Exhibit 2. ~ As a result, at all times relevant to

the relief sought in the Complaint, and since at least January 1, 2011, the Receivership

Defendants and WLD Price Global were and are presently insolvent. Complaint paras. 18 and

19.

Aksiban is the record title holder to two real properties located in Fort Lauderdale,

Florida. Complaint para. 13. One of the properties is commonly described as 100 Birch Road,

Apartment 2303F, Fort Lauderdale, FL 33316 ("Birch Property") and legally described in

Exhibit 4 to the Complaint. Complaint Para. 13. The other property is located at 100 N. Federal

Hwy., Apartment 1215, Fort Lauderdale, FL 33301 ("Federal Property") and legally described in

Exhibit 5 to the Complaint. Complaint para. 13.

All of the funds for Aksiban's payment of the purchase price of the Birch Property and

the Federal Property were provided by and transferred from Receivership Defendant WLD Price

Global. Specifically, on or about October 11, 2012, WLD Price Global transferred the sum of

$331,000.00 in cash to an escrow to pay the purchase price for the Federal Property on behalf of

Aksiban. Complaint para. 20. After payment of the purchase price by WLD Price Global,

Aksiban took title to the Federal Property on October 24, 2012 and has held title to the Federal

Property since that date. The transfer of funds from WLD Price Global and transfer of title to the

' The CFPB has been unable to locate Haskins and has recently filed a motion for authorizationto serve him by alternative means. See Doc. No. 108 in the CFPB Action. The CFPB believesHaskins fled to Europe after the CFPB Action commenced. Doc. No. 108 and supportingaffidavits, of which the Receiver requests the Court take judicial notice.

4108656778.1


Federal Property to Aksiban are referred to for convenience as the "Federal Transfer."

Complaint para. 20.

In addition, on or about May 22, 2013, WLD Price Global transferred the sum of

$40,000.00 cash to an escrow to pay in part the purchase price for the Birch Property on behalf

of Aksiban. Complaint para. 21. Then, on or about May 29, 2013, WLD Price Global

transferred the sum of $600,000.00 cash to an escrow to pay the balance of the purchase price for

the Birch Property on behalf of Aksiban. Complaint para. 21. Aksiban took title to the Birch

Property on or about July 12, 2013 and has held title to the Birch Property since that date.

Complaint, para. 21. For convenience, the two transfers of funds from WLD Price Global for the

purchase of the Birch Property and the transfer of title to the Birch Property to Aksiban in

connection therewith are referred to as the "Birch Transfer." Complaint para. 21.

WLD Price Global received no consideration and received no reasonably equivalent

value in exchange for the Federal Transfer and the Birch Transfer. Complaint para. 24. Further,

the Federal Transfer and the Birch Transfer were made from funds the source of which were

funds obtained from consumers as part of the fraudulent scheme. Complaint para. 23. Aksiban

did not receive the Federal Transfer and the Birch Transfer in good faith and for a reasonably

equivalent value. Complaint para. 25.

Plaintiff has asserted five claims for relief against Aksiban, all of which seek recovery of

the Birch Property and Federal Property for the benefit of the receivership estate over which

Plaintiff is appointed in the CFPB Action. Plaintiff has asserted three claims for recovery of

actual and constructive fraudulent transfers to void the Federal and Birch Transfers and return

title to those properties to the Receiver on behalf of the receivership estate (Florida Uniform

Fraudulent Transfer Act, Florida Stat. § 726.101 et. seq.), a fourth claim for relief for turnover of

receivership property, and a fifth claim for relief for imposition of a constructive trust for the

turnover of the Federal Property and the Birch Property based on the unjust enrichment of

Aksiban in acquiring these properties without consideration by Aksiban and by using funds of

injured consumers wrongfully obtained by the Receivership Defendants prior to the Receiver's

appointment.

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III. PLAINTIFF IS ENTITLED TO A DEFAULT JUDGMENT FOR THE LEGAL

AND BENEFICIAL OWNERSHIP OF THE FEDERAL PROPERTY AND THE

BIRCH PROPERTY

Rule 55(b)(2) of the Federal Rules of Civil Procedure authorizes the Court to enter a

default judgment on application by a party when the defendant has failed to plead or defend the

action. In evaluating a motion for entry of default judgment, all well-pled allegations of the

Complaint are deemed to be admitted. Eagle Hospital Physicians v. SRG Consulting, 561 F. 3d

1298, 1307 (11th Cir. 2009); Buchanan v. Bowman, 820 F. 2d 359, 361(1 lth Cir. 1987). "A

`defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on

those facts by the judgment, and is barred from contesting on appeal the facts thus established."'

Eagle Hospital Physicians v. SRG Consulting, 561 F. 3d at 1307 (quoting Nishimatsu Const. Co.

v. Houston Nat'l Bank, 515 F. 2d 1200, 1206 (5th Cir. 1975) and citing Buchanan v. Bowman,

820 F.2d at 361). "A default judgment is unassailable on the merits" if it is supported by "well-

pleaded allegations." Nishimatsu Const. Co. v. Houston Nat'l Bank, 515 F. 2d at 1206.

Plaintiff is entitled to have a default judgment entered against Aksiban based on the well-

pled allegations of the Complaint which support the relief requested.

1. First Claim for Relief for Recovery of Fraudulent Transfers Made

with Actual Intent to Hinder, Delay and Defraud Creditors

Florida has enacted the Uniform Fraudulent Transfer Act which was in effect when the

transactions at issue occurred. Section 726.105(1)(a) of the Florida Statutes provides that a

transfer made by a debtor is fraudulent as to an existing or future creditor of the debtor if the

debtor "made the transfer . , . (a) with actual intent to hinder, delay or defraud any creditor of the

debtor."

The Eleventh Circuit as well as this District Court have held that federal equity receivers

can pursue recovery of fraudulent transfers on behalf of the receivership entities over which they

were appointed. See Wiand v. Lee, 753 F. 3d 1194 (l lt" Cir. 2014) (affirming fraudulent transfer

judgment in favor of receiver in federal receivership arising out of fraudulent investment

scheme); Sallah v. Worldwide ClearingLLC, 860 F. Supp. 2d 1329, 1334-1335 (S.D. Fla. 2011),

af~d 559 Fed. Appx. 988 (l l~h Cir. 2011) ("after a corporation has been placed into receivership,

6108656778.1


it becomes a creditor with respect to assets which were fraudulently transferred away. In this

scenario, the principals, who were operating the illegal scheme, are debtors of the corporation for

their fraudulent activities. [Citation omitted.] Further, recipients of corporate assets are

transferees, regardless of whether they were aware of the wrongdoing of the principals"). See

also Obermaier v. Arnett, 2:02CV111FTM29DNF, 2002 WL 31654535 at *4 (M.D. Fla.

November 20, 2006), In re Sperry, 101 B.R. 763, 766 (Bankr. M.D. Fla. 1989) ("It is well settled

Florida law that where property is purchased by a debtor and title is taken in the name of another

to avoid creditors, the deed may be set aside as a fraudulent conveyance by all existing and

subsequent creditors"); Goldberg v. Chong, No. 07-20931—CIV, 2007 WL 2028792 at * 1 (S.D.

Fla. July 11, 2007) (concluding receiver could bring constructive fraudulent transfer claim on

behalf of receivership entities to recover fraudulently transferred assets of the receivership

entities). Numerous other courts have held that a federal equity receiver may recover assets

fraudulently transferred from the Receivership Defendants to third parties prior to the Receiver's

appointment under state fraudulent transfer statutes. See, e.g., Scholes v. Lehmann, 56 F. 3d 750

(7tn Cir. 1995); Janvey v. Democratic Senatorial Campaign Committee, Inc., 712 F. 3d 185 (Stn

Cir. 2013); Donell v. Kowell, 533 F. 3d 762 (9`" Cir. 2008); Commodity Futures Trading

Commission v. Chilcott Portfolio Management, Inc., 713 F. 2d 1477 (10 h Cir. 1983).

The Receiver's complaint alleges that Haskins is a principal of, and directly or indirectly

owns and controls, various World Law entities, including WL Debt, WL Processing and WLD

Price Global, and orchestrated a fraudulent scheme through the World Law Group consortium,

giving rise to Consumer Injury Claims against WL Debt, WL Processing and WLD Price Global.

Complaint pass. 14, 15, 16, 18. The Complaint alleges that Haskins also directly or indirectly

owned and controlled Aksiban, and that the assets of WLD Price Global were transferred to pay

the entire purchase price for the Federal Property and the Birch Property with title placed in the

name of Aksiban. Complaint pass. 20, 21, 23. As a result of Haskins' conduct, the sum of

$331,000 in funds from WLD Price Global was transferred to purchase and place in Aksiban's

name the Federal Property and a total of $640,000 in funds from WLD Price Global was

transferred to purchase and place in Aksiban's name the Birch Property. Complaint pass. 20,

21. The Federal Transfer and Birch Transfer were made with actual intent to hinder, delay and

defraud creditors of WLD Price Global and the other Receivership Defendants, within the

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meaning of Florida Uniform Fraudulent Transfer Act, Florida Stat. § 726.105(1)(a). Complaint

para. 28.

Section 726.108 of the Florida Uniform Fraudulent Transfer Act provides various

remedies that a creditor may obtain in an action for relief against a fraudulent transfer, including

avoidance of the transfer to the extent necessary to satisfy the creditor's claim and "subject to

applicable principles of equity and in accordance with applicable rules of civil procedure .. .

[a]ny other relief the circumstances may require." Florida Stat. § 726.108(1)(a) and (1)(c)3.

The Receiver seeks relief by obtaining the legal and beneficial ownership of the Federal Property

and the Birch Property based on the avoidance of the Federal Transfer and Birch Transfer,

consistent with the relief authorized under the foregoing provisions of the Florida Uniform

Fraudulent Transfer Act. Complaint para. 30. See also First State Bank of Clermont v. Fitch,

105 Fla. 435, 141 So. 299 (Fla. Sup. Ct. 1932) ("The rule is well established in this state that

where property is purchased by a debtor, and the title is taken in the name of another to avoid

creditors, the deed to such grantee is subject to be set aside by the creditors").

2. Second Claim for Relief to Avoid the Federal Transfer and Birch

Transfer as Constructive Fraudulent Transfers

Section 726.105(1)(b) provides that a transfer is also avoidable as a fraudulent transfer by

an existing or future creditor of the debtor where the transfer is made without the debtor

receiving

a reasonably equivalent value in exchange for the transfer ..., andthe debtor:

1. Was engaged or was about to engage in a business ortransaction for which the remaining assets of the debtor wereunreasonably small in relation to the business or transaction; ar

2. Intended to incur, or believed or reasonably should havebelieved, that he or she would incur, debts beyond his or her abilityto pay as they became due.

Plaintiff has asserted a claim under section 726.105(1)(b) for avoidance of the Federal

Transfer and the Birch Transfer as constructive fraudulent transfers because they were made

without WLD Price Global receiving a reasonable equivalent value for the funds transferred

from WLD Price Global to pay the purchase prices for the Federal Property and the Birch

Property, and WLD Price Global was engaged in or about to engage in transactions for which its

8108656778. ]


remaining assets were unreasonably small. in relation to the business or transactions, or that

WLD Price Global intended to incur, or believed or should have believed it would incur, debts

beyond its ability to pay as they came due, including debts to the federal and state agencies

asserting claims against the Receivership Defendants and the Consumer Injury Claims.

Complaint para. 32. Plaintiff has specifically asserted that the Receivership Defendants and

WLD Price Global were insolvent at all times since at least January 1, 2011 and remain

insolvent. Complaint para. 19. Therefore, WLD Price Global could not reasonable believe that

it could pay its debts as they were incurred. See CFPB Judgments, Kane Decl., Exhs. 1 and 2

and para. 8. The Federal Transfer and the Birch Transfer were made in 2012 and 2013,

respectively. The Receiver therefore also seeks judgment for the legal and beneficial ownership

of the Federal Property and the Birch Property based on the avoidance of the Federal Transfer

and Birch Transfer in its second claim for relief. Goldberg v. Chong, No. 07-20931—CIV, 2007

WL 2028792 at *S (S.D. Fla. July 11, 2007) (granting summary judgment on receiver's

constructive fraudulent transfer claim).

3. The Third Claim for Relief Seeks Avoidance of the Federal Transfer

and Birch Transfer Based on the Lack of Reasonably Equivalent

Value and Insolvency of the Transferor

Section 726.106(1) of the Florida Uniform Fraudulent Transfer Act states:

A transfer made ... by a debtor is fraudulent as to a creditorwhose claim arose before the transfer was made ... if the debtormade the transfer ...without receiving a reasonably equivalentvalue in exchange for the transfer ...and the debtor was insolventat the time or the debtor became insolvent as a result of the transfer

Plaintiff has alleged that WLD Price Global and the other Receivership Defendants were

insolvent at all times since January 1, 2011, which predates the date of the Federal Transfer and

the Birch Transfer. Complaint para. 19. In its Third Claim for Relief, Plaintiff alleges that the

Federal Transfer and the Birch Transfer were made without WLD Price Global receiving a

reasonably equivalent value in exchange for the transfer and that WLD Price Global was

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insolvent when the transfers were made or became insolvent as a result of the transfers.

Complaint para. 35. See CFPB Judgments, Kane Decl., Exhs.l and 2 and para. 8. As a result,

the Federal Transfer and the Birch Transfer are avoidable under section 726.106(1), and Plaintiff

is entitled to avoidance of those transfers and to obtain the legal and beneficial ownership of the

Federal Property and the Birch Property as a result.

4. Plaintiffs Fourth Claim for Relief for Turnover of Receivership

Pro er

Plaintiff has also asserted two other equitable claims for relief as to which the Receiver is

indisputably entitled to a default judgment against Aksiban. The Complaint alleges that based on

the direct or indirect ownership and control of WL Debt, WL Processing and WLD Price Global

by Haskins and his direct or indirect ownership and control of Aksiban, Aksiban is a

Receivership Defendant as defined in the World Law Preliminary Injunction, which defines

Receivership Defendants to include subsidiaries, affiliates, successors, and assigns of WL Debt

and WL Processing. Corporate entities are generally considered affiliates if they are owned or

controlled by the same person. See, e.g., Fla. Stat. section 726.102(1)(b) and 11 U.S.C. section

101(2)(b) (affiliates include corporations as to which 20 percent of more of their ownership is

held by the same person, the debtor). The Federal Property and Birch Property constitute

receivership assets since they are assets nominally titled to Aksiban, a Receivership Defendant,

and also constitute receivership property as the proceeds of ill-gotten gains received by Aksiban

from WLD Price Global generated through the illegal and fraudulent activities of the

Receivership Defendants. Complaint paras. 38 and 39. Plaintiff, as Receiver over all assets of

the receivership estate under the World Law Preliminary Injunction, has the exclusive right to

possession and control of receivership property (Complaint, Exhibit 2, Section XIII.B). Plaintiff

is therefore entitled to relief under the Fourth Claim for Relief for turnover of receivership

property by Aksiban to the Receiver.

10108656778.1


5. Plaintiff Is Entitled to Judgment under Its Fifth Claim for Relief

Seeking to Recover the Federal Property and Birch Property from

Aksiban Based on Aksiban's Uniust Enrichment

Plaintiff's Fifth Claim for Relief asserts a claim for unjust enrichment and constructive

trust. It alleges that Aksiban obtained title to the Federal Property and the Birch Property with

funds from WLD Price Global. In turn, funds were received by WLD Price Global from other

Receivership Defendants, including WL Debt and WL Processing, as part of the illegal and

fraudulent debt relief services scheme operated by the Receivership Defendants funded by

monies paid by holders of Consumer Injury Claims. Complaint paras. 14-18, 20, 21, 43 and 45.

The Federal Transfer and Birch Transfer are assets transferred to Aksiban that rightfully belong

to the receivership estate for the benefit of creditors of the receivership estate, and the retention

of the transferred assets by Aksiban would leave Aksiban unjustly enriched. Complaint para. 44.

A claim for unjust enrichment arises where the complaining party has conferred a benefit

on the defendant, the defendant accepted and retained the benefit, and the circumstances make it

inequitable for the defendant to retain the benefit. See Virgilio v. Ryland Group, Inc., 680 F. 3d

1329, 1337 (1 lt" Cir. 2012); Goldberg v. Chong, No. 07-20931—CIV, 2007 WL 2028792 at *10

(S.D. Fla. July 11, 2007) (granting summary judgment on receiver's unjust enrichment claim).

Based on the Receiver's unjust enrichment claim and the circumstances of this case as

alleged in the Complaint and summarized above, the Receiver seeks judgment granting the

Receiver the legal and beneficial ownership interest in the Federal Property and the Birch

Property which were acquired by Aksiban solely with receivership funds provided by WLD

Price Global and which assets it would be inequitable for Aksiban to retain under the

circumstances. See In re Financial Federated Title &Trust, Inc., 273 B.R. 706 (Bankr. S.D. Fla.

2001) (granting bankruptcy trustee's motion for summary judgment for imposition of

constructive trust based on unjust enrichment claim where funds used to purchase defendants'

residence came from monies fraudulently generated from corporate Ponzi scheme), aff'd 347

F.3d 880 (11`" Cir. 2003); Crawford v. Silette, 608 F. 3d 275 (St" Cir. 2010) (in which the

iosbsb~~s ~


receiver obtained an order to take control of and sell a condominium in Florida owned by a third

party based on an equitable lien granted by the Court where. the mortgage on the condominium

was satisfied with receivership funds).

IV. PLAINTIFF IS ENTITLED TO JUDGMENT VESTING TITLE IN THE

FEDERAL PROPERTY AND THE BIRCH PROPERTY IN PLAINTIFF AS

RECEIVER PURSUANT TO F.R. CIV. P. 70(b)

For all the reasons detailed above, the Receiver is entitled to the legal and beneficial

ownership of the Federal Property and the Birch Property. Rule 70 of the Federal Rules of Civil

Procedure provides the means by which judgment for specific property may be enforced by the

Court. Rule 70(b) provides:

If the real or personal property is within the district, the court —instead of ordering a conveyance —may enter a judgment divestingany party's title and vesting it in others. That judgment has theeffect of a legally executed conveyance.

Based on the avoidance of the Federal Transfer and Birch Transfer, the status of the

properties as receivership property and the Receiver's claim for unjust enrichment and

imposition of a constructive trust, the legal and beneficial ownership interest of the Federal

Property and Birch Property belong to Plaintiff as Receiver. It is appropriate that the Court's

judgment divest tide to those properties from Aksiban and vest title to the properties in the name

of Plaintiff as Receiver.

12108656778.1


V. CONCLUSION

Plaintiff respectfully submits that it is entitled to a default judgment against defendant

Aksiban as requested in the motion which this Memorandum supports.

Dated August 29, 2016

Respectfully submitted,

By: /s/ Michael E. StrauchMerrick L. GrossFlorida Bar No. 716677Michael E. StrauchFlorida Bar No. 13988CARLTON FIELDSMiami Tower100 S.E. 2"d Street, Suite 4200Miami, Florida 33131Tel: (305) 530 — 0050Fax: (305) 530 — 0055E-mail: [email protected]

[email protected]@[email protected]

Local Counsel for Plaintiff

By: /s/Gary Owen CarisGary Owen CarisAppearing Pro Hac ViceCalifornia Bar No. 088918Lesley Anne HawesAppearing Pro Hac ViceCalifornia Bar No. 117101DIAMOND MCCARTHY LLP1999 Avenue of the Stars, Suite 1100Los Angeles, CA 90067Tel: (310) 651-2997Fax: (424) 253-1101E-mail: [email protected]

lhawes@diamondmccarthy. com

Lead Counsel for Plaintiff

13108656778.1


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF' FLORIDA

Case Na 16-20122-CIV-MOR~NO

ROBB EVANS &ASSOCIATES LLC as Receiverfor WORLD LAW DEBT SERVICES, LLC andWORLD LAW PROCESSING, LLC, and theirsuccessors, assigns, affiliates, or subsidiaries, andeach of them, by whatever names each might beknown, and FAMILY CAPITAL INVESTMENT &MANAGEMENT' LLC, and its successors, assigns,affiliates, or subsidiaries, and each of them, bywhatever names each might be known,

Plaintiff,

v.


Defendant.

DECLARATION OF GARY OWEN CARIS IN SUPPORT OF MOTION FOR ENTRYOF DEFAULT JUDGMENT AGAINST DEFENDANT [F.R.C.P. 55(b)]

I, Uary Owen Caris, declare:

I am attorney at law duly admitted to practice before the courts of the state of

California and have been admitted to practice pro hac vice before the Court in this case and in

the related case filed by the Consumer Financial Protection Bureau pending before the Court

styled as Consumer Financial Protection Bureau v. Orion Processing, LLC, et al., U.S.D.C.,

S.D. Fla, Case No. 15-23070-Civ-Cooke/Torres ("CFPB Action"). I am a Partner in the firm of

Diamond McCarthy LLP, the lead counsel for plaintiff Robb Evans &Associates LLC as

Receiver over World Debt Services, LLC and World Law Processing, LLC, and their successors,

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

and Family Capital Investment &Management, LLC, and its successors, assigns, affiliates, or

y41 i~fi70t:`1


subsidiaries, and each of them, by whatever names each might be known ("Receiver") and

counsel for Plaintiff in the CFPB Action. If called upon to testify as to the facts set forth in this

declaration, I could and would testify competently thereto as the facts are personally known to

me to be true.

2. I am lead counsel for the Receiver in this action and in t11e receivership

proceeding in the related CFPB Action. On January 8, 2016, the Receiver filed a Complaint

initiating this action against defendant Aksiban LLC, a Delaware limited liability company. On

January 22, 2016, Aksiban LLC was served with the summons, Complaint and related

documents by its registered agent for service of process in Delaware, as reflected in the proof of

service filed in this action on February 3, 2016 as Document 12.

3, Defendant Aksiban LLC ("Defendant") was required to file a responsive pleading

to the Complaint by no later than February 12, 2016. Aksiban failed to file a responsive pleading

on or before February 22, 2016. Therefore, on February 25, 201 h, the Court entered its Order

Directing Clerk to Enter Default, Document 13.

4. On February 26, 2016, the Clerk entexed the Clerk's Default, a true and correct

copy of which is attached hereto as Exhibit 1.

5. No appearance has been made by Defendant in this action as of the date of this

Declaration, and the Receiver has received no contact from Defendant since the commencement

of this action and service of the Complaint.

I declare under penalty of perjury that the foregoing is true and correct and that this

Declaration was executed this ,~4 day of August 201 h at Los Angeles, California.

G~~[~~ ~ ~ l:N CARIS

299334330\V•I


Case 1.16-cv-20122-FAM Document 14 Entered on FLSD Docket Q2/26I2016 Pa,~e~1 ~,~

UNITED STATES DISTRICT COURTSOUTHERN riTS'f1tICT OF FT..ORTDA

ROBE VANS &ASSOCIATES, LLC, et ~[, CASE NUMBER7 :16—cv-20 ] 22—FAM

PLAIN'i'IC'P(5)

V.

AKSIBAN LLC,

DEFAULT BY CLERK F.R.Civ.P.55(a)

I)I3FLNDAN7'(5).

[t appearing that the defendants) herein, is/are in defKult for failure to appear, answer, or otherwise plead

to the complaint filed herein within the time required by law.

Default is hereby entered against defendants)

Aksiban, C.LC

as of course, on the date l~ebruary 26, 2016,

cc: lodge Federico A. Morenoitobb Evans &Associates, LLC

STF,VrN M. LARTMOR~CT,ERK OP COURT

DEFAULT RY CLERK r,R,Civ,P.55(n)

CV 37{Yi3/Gi)





Plaintiff,

v.


Defendant.

DECLARATION OF BRICK KANE IN SUPPORT OF MOTION FOR ENTRY OFDEFAULT JUDGMENT AGAINST DEFENDANT [F.R.C.P. 55(b)]

I, Brick Kane, declare:

I am the President and Chief Operating Officer of Robb Evans &Associates LLC.

Robb Evans &Associates LLC has been appointed as Receiver over World Law Debt Services,

LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or subsidiaries,

and each of them, by whatever names each might be known, and Family Capital Investment &

Management, LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by

whatever names each might be known (the "Receiver") in the related case filed by the Consumer

Financial Protection Bureau pending before the Court styled as Consumer Financial Protection

Bureau v. Orion Processing, LLC, et al., U.S.D.C., S.D. Fla. Case No. 15-23070-Civ-

Cooke/Torres ("CFPB Action"). If called upon to testify as to the facts set forth in this

194334837AV-I


Declaration, I could and would testify competently thereto as the facts are true and within my

personal knowledge.

2. I am one of the members of Robb Evans &Associates LLC primarily responsible

for the administration and supervision of the receivership estate in the CFPB Action. The Court

in the CFPB Action issued multiple orders pursuant to which the Receiver was appointed over

various defendants and related entities, including the Preliminary Injunction with Asset Freeze,

Appointment of Receiver, Expedited Discovery, and Other Equitable Relief as to Defendants

Orion Processing, LLC, Bradley James Haskins, World Law Debt Services, LLC and World Law

Processing, LLC ("World Law Preliminary Injunction ") attached as Exhibit 2 to the Complaint

filed in this case. Pursuant to the World Law Preliminary Injunction, the Receiver was appointed

receiver over the entities Warld Law Debt Services, LLC ("WL Debt") and World Law

Processing, LLC ("WL Processing") and their successors, assigns, affiliates, or subsidiaries, and

each of them, by whatever names each might be known, provided that the Receiver has reason to

believe they are owned or controlled in whole or in part by any of the defendants in the CFPB

Action.

3. I am one of the members of the Receiver responsible for the analysis and

investigation of the Receivership Defendants, their business and financial records and their assets

and liabilities. I have personally reviewed many of the books and records of the entities subject

to the receivership in the CFPB Action, including financial and banking records of the

receivership entities WL Debt and WL Processing, as well as the related and affiliated entity

WLD Price Global, Inc. ("WLD Price Global"). I personally participated in the preparation of

two reports by the Receiver filed in the CFPB Action detailing the assets and liabilities of the

Receivership Defendants and their prior operations and activities. I am one of the members of

the Receiver responsible for locating and administering assets of the Receivership Defendants for

the benefit of the receivership estate in the CFPB Action. The facts set forth in this declaration

are facts which I know to be true of my own personal knowledge or I have gained knowledge of

the facts through my work in investigating, supervising and administering the receivership estate

294334877VV-I


under the World Law Preliminary Injunction. I regularly monitor filings and activities in the

CFPB Action, particularly as they affect the receivership estate.

4. Bradley Haskins ("Haskins") is named as a defendant in the CFPB Action.

Haskins is the principal and owner of named receivership entities WL Debt and WL Processing.

Haskins was listed as the CEO of WLD Price Global in its latest corporate filing.

5. The Receiver filed this action against defendant Aksiban LLC, a Delaware limited

liability company ("Aksiban"), in order to recover for the benefit of the receivership estate two

real properties, title to which is held in the name of Aksiban but which were paid for with funds

transferred by WLD Price Global without any consideration received by WLD Price Global for

the transfers. As a Receivership Defendant, all assets of Aksiban constitute receivership

property subject to the exclusive possession and control of the Receiver pursuant to Section XIII

of the World Law Preliminary Injunction.

6. Based on the Receiver's investigation of the banking, financial and other records

of the Receivership Defendants, the Receiver has determined that WLD Price Global operated

what purported to be a consortium of international law firms through World Law Group. WLD

Price Global and various other entities affiliated with WL Debt and WL Processing through the

"World Law Group" consortium which were under the ownership and control of Haskins

purported to provide debt relief services and engaged in practices that violated consumer

protection laws, including without limitation the Telemarketing Sales Rules ("TSR"), 16 C.F.R.

section 310.3(a)(2)(II) and (x) and the Consumer Financial Protection Act ("CFPA"), 12 U.S.C.

sections 5531(a) and 5536(a)(1) and 15 U.S.C. section 6102(c)(2) and the laws of several states.

The CFPB has also alleged that these entities also engaged in deceptive and fraudulent practices

in violation of applicable law to the injury of consumers by (a) collecting advance fees from

consumers in connection with promises to provide consumers debt relief services and legal

representation by local attorneys in their state and not providing the promised legal

representation; and (b) engaging in deceptive marketing practices for the debt relief services and

legal representation services they promised to provide consumers (the "fraudulent scheme").

394714833VV-I


7. Since at least 2010, state and federal government agencies and consumers who

dealt with WL Debt and WL Processing had potential claims against WL Debt and WL

Processing and their affiliate WLD Price Global for violation of applicable consumer protection

laws. When the Receiver filed the Complaint initiating this action, the amount of the claims of

such consumers and government agencies ("Consumer Injury Claims") had not yet been finally

determined. However, on July 5, 2016, the CFPB filed a motion for entry of default judgments

against certain of the defendants in the CFPB Action, including WL Debt and WL Processing.

The Court in the CFPB Action entered a default judgment for equitable monetary relief against

WL Debt and WL Processing in the amount of $106,813,049 on August 1, 2016. A true and

correct copy of the default judgment, Document 104 in the CFPB Action, is attached hereto as

Exhibit 1. In addition, defendants Derin Scott and David Klein have recently stipulated to

judgment in favor of the CFPB, jointly and severally, in the identical sum of $106,813,049. A

true and correct copy of the Stipulated Final Judgment and Order Against Defendants Derin

Scott, David Klein and Relief Defendant Shannon Scott is attached hereto as Exhibit 2. Haskins

has not yet been served with the summons and complaint in the CFPB Action and the CFPB has

asked the Court in the CFPB Action to authorize service by alternative means since the CFPB

has been unable to locate Haskins and believes he has been living in Europe since the CFPB

Action was filed.

8. Based on the judgment of over $106 million, the World Law Receivership

Defendants have been insolvent at all times since at least January 1, 2011 have been insolvent, in

that their liabilities far exceed their assets. Since at least May 2013, the State of North Carolina

and the State of Connecticut commenced actions or proceedings against certain defendants in the

CFPB Action including Haskins, the World Law Group and WL Debt, alleging violations of

applicable consumer protection laws since in or about 2010 when Haskins and World Law Group

began their debt relief services and began perpetrating the fraudulent scheme. The Receiver has

investigated the assets of the receivership entities under the World Law Preliminary Injunction

and has located and gathered or is in the processing of gathering all available receivership assets

D94334833VV-I


in which the Receivership Defendants have an interest, including the real properties that are the

subject of this lawsuit. The aggregate value of all receivership assets located and identified to

date is less than $13 million, an amount far less than the amount of creditor claims against the

Receivership Defendants, as evidenced by the judgments in excess of $106 million.

9. WLD Price Global and other entities owned and controlled by Haskins, including

WL Debt and WL Processing, participated in the fraudulent scheme by, among other things, their

receipt and transfer of funds generated by the fraudulent scheme. WLD Price Global received at

least $6.8 million from consumers as part of the fraudulent scheme.

10. The Receiver's investigation has also disclosed that defendant Aksiban is the

record title holder to two real properties located in Fort Lauderdale, Florida. One of the

properties is commonly described as 100 Birch Road, Apartment 2303F, Fort Lauderdale, FL

33316 ("Birch Property") and legally described in Exhibit 4 to the Complaint. A true and correct

copy of the recorded warranty deed granting title to the Birch Property to Aksiban is attached

hereto as Exhibit 3. The other property is located at 100 N. Federal Hwy., Apartment 1215, Fort

Lauderdale, FL 33301 ("Federal Property") and legally described in Exhibit 5 to the Complaint.

A true and correct copy of the recorded general warranty deed granting title to the Federal

Property to Aksiban is attached hereto as Exhibit 4. The Receiver obtained title reports for the

Birch Property and the Federal Property shortly before the Receiver commenced this action, and

the title reports attached hereto as Exhibits 5 (Birch Property) and 6 (Federal Property),

respectively, confirm title is held by Aksiban and there are no other liens other than ordinary

accruing liens for real property taxes.

11. Based on the Receiver's investigation, all of the funds for Aksiban's payment of

the purchase price of the Birch Property and the Federal Property were provided by and

transferred from Receivership Defendant WLD Price Global. Specifically, on or about October

11, 2012, WLD Price Global transferred the sum of $331,000.00 in cash to Ace Title Services to

pay the purchase price for the Federal Property on behalf of Aksiban. A true and correct copy of

the excerpt of the WLD Price Global bank account statement showing and confirming the wire

594334833\V-1


transfer in that amount to the title company for the purchase of the Federal Property is attached

hereto as Exhibit 7. Ace Title Services is the title company listed on the warranty deed to the

Federal Property, Exhibit 4. A Lexis-Nexis records search of available public records obtained

by the Receiver, a true and correct copy of which is attached hereto as Exhibit 8, shows that the

property was purchased by Aksiban for $330,000. After payment of the purchase price by WLD

Price Global, Aksiban took title to the Federal Property on October 24, 2012 and has held title to

the Federal Property since that date.

12. In addition, on or about May 22, 2013, WLD Price Global transferred the sum of

$40,000.00 cash to Title Company of America to pay in part the purchase price for the Birch

Property on behalf of Aksiban. Then, on or about May 29, 2013, WLD Price Global transferred

the sum of $600,000.00 cash to Title Company of America to pay the balance of the purchase

price for the Birch Property on behalf of Aksiban. A true and correct copy of the excerpt of the

WLD Price Global bank account statement showing the transfer of these sums to the title

company for the purchase is attached hereto as Exhibit 9. The warranty deed to the Birch

Property, Exhibit 3, specifically recites the amount paid for the property by Aksiban was

$640,000. Aksiban took title to the Birch Property on or about July 12, 2013 and has held title

to the Birch Property since that date.

13. Though WLD Price Global paid for the purchase price of the Federal Property

and the Birch Property, it received no payment, title or other consideration in exchange for the

funds used to purchase these properties. Based on the Receiver's investigation, the Federal

Transfer and the Birch Transfer were made from funds the source of which were funds obtained

from consumers as part of the fraudulent scheme. Further, given the common ownership of

WLD Price Global and Aksiban by Haskins, and given Haskins' conduct in connection with the

World Law Group, including the other Receivership Defendants WL Debt and WL Processing,

Aksiban did not receive the funds and title to the Federal Property and the Birch Property in

good faith under the circumstances.

D94334833VV-1


14. Assets of the receivership entity WLD Price Global were transferred without

consideration to purchase the Federal Property and the Birch Property. Those assets constitute

receivership assets because they were acquired solely with assets transferred by the Receivership

Defendant WLD Price Global and because Aksiban is a Receivership Defendant based. on its

common ownership and control by Haskins and. Haskins' ownership and control of other

Receivership Defendants, including WL Debt, WL Frocessing and WLD Price Global. 'the

conveyance of title to Aksiban when the purchase price for the Federal Property and Birch

Property was paid by WI,D Price C7lobal and when WLD Price Global received no consideration

for those payments also renders the properties receivership property based on the Receiver's

right to avoid the transfers as fraudulent conveyances. The Receiver therefore seeks a default

judgment against Aksiban in accordance with the Complaint and the motion which this

declaration supports.

I declare under penalty of perjury that the faregoing is true and correct and that this

Declaration was executed this~~ day of August 2016 at Sun Valley, California.

..._.~BRICK KANE

794734833\V-I


Case 1:16-cv-20122-FAM Document 28-1 Entered on FLSD Docket 08/29/2016 Page 1 of 23

Case 1:15-cv-23070-MGC Document 104 Entered on FLSD Docket 08(01/2016 Page 1 of 20


Case No. 15-23070-Civ-COOKS/TORRES

Consumer Financial Protection Bureau,Plaintiff,

v,

ORION PROCESSING, LLC, a Texas limitedliability company, d/b/a World Law Processing,Wld Credit Repair, and World Law Debt; FAMILYCAPITAL INVESTMENT & MANAGEMENTLLC, a Delaware limited liability company, a/k/aFCIAM Property Management; WORLD LAWDEBT SERVICES, LLC, a Delaware limitedliability company; WORLD LAW PROCESSING,LLC, a Delaware limited liability company; DERINSCOTT, an individual; DAVID KLEIN, anindividual; and BRADLEY JAMES HASKINS,individually and d/b/a World Law Group, LLP,World Law Group America, LLP, WLD PriceGlobal, Inc., World Law Forms and Mediation, andWorld Law South;

Defendants,

Shannon Scott, an individual,

Relief Defendant.

DEFAULT JUDGMENT AND ORDER AGAINST WORLD LAW DEBTSERVICES, LLC, WORLD LAW PROCESSING, LLC, ANDFAMILY CAPITAL INVESTMENT &MANAGEMENT LLC

Plaintiff, the Consumer Financial Protection Bureau ("Bureau") commenced this

civil action on August 17, 2015 to obtain permanent injunctive relief, rescission or

reformation of contracts, the refund of moneys paid, restitution, disgorgement or

compensation for unjust enrichment, civil money penalties, and other equitable relief from

Defendants (a) Orion Processing, LLC, a Texas limited liability company, d/b/a World

Law Processing, Wld Credit Repair, and World Law Debt; (b) Family Capital Investment &

Management LLC, a Delaware limited liability company, a/k/a FCIAM Property

1.


Case 1:15-cv-23070-MGC Document 104 Entered on FLSD Docket 08/01/2016 Page 2 of 20

Management; (c) World Law Debt Services, LLC, a Delaware limited liability company; (d)

World Law Processing, LLC, a Delaware limited liability company; (e) Derin Scott, an

individual; (fl David Klein, an individual; and (g) Bradley James Haskins, individually and

d/b/a as World Law Group, LLP, World Law Group America, LLP, WLD Price Global,

Inc., World Law Forms and Mediation, and World Law South. The Bureau brought this

Complaint under sections 1031(a), 1036(a), 1054, and 1055 of the Consumer Financial

Protection Act of 2010 ("CFPA"), 12 U.S.C. §§ 5531(a), 5536(a), SSb4(a), and 5565, and

the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§

6102(c)(2), 6105(d), alleging Defendants violated the CFPA and the Telemarketing Sales

Rule ("TSR"), 16 C.F.R. pt. 310 in connection with the marketing and sale of debt relief

services.

On August 18, 2015, this Court entered an ex pane temporary restraining order

("TRO"), finding good cause to believe the Bureau would prevail on the merits of its claims

and that immediate and irreparable harm would result from allowing Defendants'

operations to continue. Among other things, the TRO froze the Defendants' assets. On

September 2, 201 S, this Court entered a preluninary injunction ("September 2, 2015 PI")

against Defendants Orion Processing, LLC; Bradley James Haskins; World Law Debt

Services, LLC; and World Law Processing, LLC (ECF No. 28). On September 14, 2015, the

Court entered a similar preliminary injunction ("September 14, 2015 PI") against the

remaining Defendants—Derin Scott; David Klein; Family Capital Investment &

Management LLC; and Relief Defendant Shannon Scott (ECF No. 42). Among other

things, these PIs continued the asset freeze and appointed a Receiver over Defendants

World Law Debt Services, LLC, World Law Processing, LLC, and Family Capital

Investment &Management LLC ("Default Defendants").

Default Defendants failed to file an answer or otherwise defend in this action, and

the Clerk entered default against them on December 21, 2015 (ECF No. 75).

The court may enter default judgment when a defendant fails to respond to a

complaint and court orders and fails to participate in the litigation or cooperate in good faith

with the plaintiff, See Tara Prods., Inc. v. Hollywood Gadgets, Inc., 449 F. App'x 908, 910 — 12

(11th Cir. 2011); Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc,, 561 F.3d 1298, 1307

(11th Cir. 2009); Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987). Granting a

2


Case 1:15-cv-231770-MGC Document 104 Entered on FLSD Docket 08/0112016 Page 3 of 20

default judgment is within the court's discretion. See Tara Prods. 449 F. App'x at 910-912.

Under Federal Rule of Civil Procedure 55(b)(2), default judgment is appropriate here

against Default Defendants because they have failed to file answers or otherwise appear and

defend the claims bxought against them. Default Defendants' liability is well-pled in the

Complaint, and Default Defendants have failed to participate in the litigation in good faith.

Pursuant to Fed. R. Civ. P. 55(b)(2), upon application by Plaintiffs, the Court now

enters a default judgment against Default Defendants for violations of the CFPA and the

TSR.

Therefore, it is ORDERED and ADNDED as follows:

FINDINGS

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

pursuant to 12 U.S,C. § 5565(a)(1) and 28 U.S.C. §§ 1331, 1345, and 1367.

2. Venue in the Southern District of Florida is proper under 28 U.S.C. § 1391(b) and (c)

and 12 U.S.C. § 5564(fl.

3. Default Defendants have been properly served with the Summons and Complaint.

4. Default Defendants have failed to answer or otherwise defend this action.

5. The Clerk properly entered defaults against Default Defendants on December 21,

2015 (ECF No. 75).

6. The Complaint states claims upon which relief may be granted under the CFPA and

TSR. The relief provided in this Order is appropriate and available pursuant to

Sections 1054 and 1055 of the CFPA, 12 U.S.C. §§ 5564, 5565, and pursuant to the

Telemarketing and Consumer Fraud and Abuse and Prevention Act, 15 U.S.C. §

6102(c),

7. Because of Default Defendants' default, Default Defendants are deemed to have

admitted the well-pled facts of the complaint and the allegations are taken as true.

Eagle Hosp., 515 F.2d at 1307; Buchanan, 820 F.2d at 361.

8. During the Relevant Period, Defendants operated as a common enterprise while

engaging in the acts and practices described in the complaint. Defendants conducted

the business practices described in the complaint through an interrelated network of

companies that had common business functions, employees, and office locations.

Moreover, Defendants also commingled funds and shared operations and proceeds

3



of the unlawful activity. Because Defendants have operated as a common enterprise,

each of them is jointly and severally liable for the acts and practices alleged in the

complaint.

9. Default Defendants are owned or controlled in whole or in part by Defendants

Bradley Haskins, David HIein, and/or Derin Scott.

10. Default Defendants are each a "covered person," "related person," and/or a "service

provider" as those terms are defined by the CFPA, 12 U.S.C. § 5481(6)(A), (19),

(25), and (26).

11. During the Relevant Period, Default Defendants offered or provided financial

advisory services, including services to assist consumers settle debts.

12. Default Defendants' business included inducing the purchase of financial advisory

services by use of one or more telephones and involved more than one interstate

telephone call. Default Defendants are "sellers" or "telemarketers" of a "debt relief

service," who engage in "telennarketing," as defined in the TSR. 16 C.F.R. § 310.2.

Default Defendants Violated the TSR

Count I of the Complaint

13. In the course of telemarketing debt relief services from October 27, 2010 to the

Effective Date, Defendants requested or received payment of fees or consideration

from consumers for debt relief services before: (1) they had renegoriated, settled,

reduced, or otherwise altered the terms of at least one debt pursuant to a settlement

agreement, debt management plan, or other such valid contractual agreement

executed by the consumer; and (2) the consumer had made at least one payment

pursuant to that agreement.

14. The Complaint contains well-pled factual allegations supporting a finding of liability

for violations of the TSR, 16 C.F.R. § 310.4(a)(5)(i), including as follows:

a. Defendants offered debt relief services to consumers, promising to negotiate their

unsecured debts with their creditors in exchange for a fees paid up-front. Compl.

¶¶ 1-2, 37.

b. Defendants withdrew hundreds of dollars in advance fees from consumer's

accounts each month, including "Initial Fees" in the amount of $199 (usually

collected from the consumers' account over the first three months of the

4



program); "Bundled Legal Service Fees" that ranged from 10 to 15 percent of the

consumer's combined outstanding debts (usually collected over the first 13

months of the program); and "Attorney Monthly Service Fees" in the amount of

$84.95 (collected every month the consumer participates in the program). Compl.

¶¶ 2, 39-40, 51, 75.

c. These fees were all charged before any consumer's debts were negotiated and

settled. Compl. ¶ 39-40, 75.

d. Defendants have charged advance fees to 99% of the consumers, at least 21,000

consumers, before settling any of their debts. Compl. ¶ 2, 40, 58.

15. Therefore, Defendants' acts or practices violate the TSR, 16 C.F.R. § 310.4(a)(5)(i),

and are abusive acts or practices in telemarketing. Because Defendants are "covered

persons" their conduct is unlawful under sections 1031(a) and 1036(a)(1) of the

CFPA, 12 U.S.C. §§ 5531(a), 5536(a)(1). 15 U.S.C. § 6102(c)(2).

16. Given these well-pled allegations and Default Defendants' failure to answer or

defend, the Court enters a default judgment against Default Defendants for

violations of the TSR, 16 C.F.R. § 310.4(a)(5)(i). See, e.g., CFPB v, Harper, No.

14cv80931 (S.D. Fla, May 28, 2015) (awarding default judgment against corporate

defendants for violations of the CFPA and other consumer protection laws); CFPB v.

Talan, No. 12cv02088 (C.D. Cal. July 23, 2013) (awarding default judgment against a

corporation and rivo individual defendants for violations of Regulation O and other

consumer protection laws).

Default Defendants Violated the TSR and the CFPA

Counts II and III of the Complaint

17. In numerous instances, in connection with the advertising, marketing, promoting,

offering for sale, or sale of debt relief services, Defendants have falsely represented

that consumers who enroll in Defendants' debt relief program:

a. will receive legal representation;

b. will be represented by a local attorney; and/or

c. will have settlements of their debts negotiated with their creditors by an attorney.



18. The Complaint contains well-pled factual allegations supporting a finding of liability

for violations of the TSR, 16 C.F.R. § 310.3(a)(2)(iii) and (x), and Sections 1031 and

1036 of the CFPA, 12 U.S.0 §§ 5531, 5536, including as follows:

a. Defendants promised consumers both debt relief services and legal

representation, including by a local attorney, claiming to employ lawyers in every

state. They also touted that consumers would receive the skill and expertise of a

licensed lawyer to negotiate with creditors regarding their unsecured debts.

Compl, ¶¶ 1, 37, ~1-42, 45, 50, 78, 84.

b. In fact, in numerous instances, consumers do not receive legal representation, are

not represented by a local attorney, and do not have settlements of their debts

negotiated with their creditors by an attorney. Compl. ~~~~ 38, 53-56, 79, 85.

19. Therefore, Defendants' representations as described herein violate the TSR, 16

C.F,R, § 310.3(a)(2)(iii) and (x), and are deceptive acts or practices in telemarketing.

Because Defendants are "covered persons" their conduct is unlawful under sections

1031(a} and 1036(a)(1) of the CFPA, 12 U.S.C. §§ 5531(a), 5536(a)(1). 15 U.S.C. §

6102{c)(2).

20. Defendants' representations described in the complaint and above are false and

misleading, and constitute deceptive acts or practices in violation of sections 1031

and 1036 of the CFPA, 12 U.S.0 § 5531, 5536.

21. Given these well-pled allegations and Default Defendants' failure to answer or

defend, the Court enters a default judgment against Default Defendants for

violations of the TSR, 16 C.F.R. § 310.3(a)(2)(iii) and (x) and for violations of

sections 1031(a) and 1036(a)(1) of the CFPA, 12 U.S.C. §§ 5531, 5536. See, e,g.,

CFPB v. Harper, No. 14cv80931 (S.D. Fla. May 28, 2015) (awarding default judgment

against corporate defendants for violations of the CFPA and other consumer

protection laws); CFPB v. Talan, No. 12cv02088 (C.D. Cal. July 23, 2013) (awarding

default judgment against a corporation and two individual defendants for violations

of Regulation O and other consumer protection laws).



Dania es

22. Section 1055 of the CFPA, 12 U.S.C. § 5565, empowers this Court to order

injunctive and other relief, restitution, and civil money penalties.

23. Defendants are liable for the entire amount spent by consumers, regardless of

whether consumers received anything of value; the relevant factor is the "fraud in the

selling, not the value of the thing sold." McGregor v. Chierico, 206 F.3d 1378, 1389

(11th Cir, 2000) (quoting FTC v, Figgie Int'1, Inc., 994 F.2d 595, 606 (9th Cir. 1993)).

Because Defendants, including Default Defendants, have operated as a common

enterprise, each of them is jointly and severally liable for the acts and practices

alleged in the complaint.

24. Plaintiff bears the burden of proving damages and may do so through affidavits and

other documentary evidence showing the amount and calculation of damages. Tara

Prods,, 449 F. App'x at 911— 12.

25. Plaintiff has established, through competent evidence, that at least 21,900 consumers

were victimized by and paid money to Defendants and that these consumers paid at

least $106,813,049 during the Relevant Period.

26. As explained in the declaration of Timothy Hanson attached to Plaintiff's Motion,

these figures were derived from the Corporate Defendants' records, records of

Defendants' third-party payment processor and bank statements, as well as

information compiled by the Receiver.

27. The amount of $106,813,048 represents a reasonable approximation of consumer

loss.

28. The Bureau is entitled to an Order imposing permanent injunctive relief; requiring

Default Defendants to make restitution of $106,813,048; and requiring Default

Defendants to pay a civil money penalty in the amount of $40 million.

29. The Court, in its discretion, enters injunctive and monetary relief, without holding an

evidentiary hearing. Id.

30. This action and the relief awarded herein are in addition to, and not in lieu of, other

remedies as maybe provided by law, including both civil and criminal remedies.

31. Entry of this Order is in the public interest.

7


Case 1;15-cv-23070-MGC Document 104 Entered on FLSD Docket 08/01/2016 Page 8 of 20

DEFINITIONS

The following definitions apply to this Order:

32. "Advance Fee" means any fee or consideration requested or received by a Debt

Relief Service Provider from a consumer for any Debt Relief Service, whether

directly or indirectly, that occurs before;

a. the Debt Relief Service Provider has renegotiated, settled, reduced, or

otherwise altered the terms of a debt pursuant to a settlement agreement,

debt management plan, or other valid contractual agreement executed by

the Consumer; and

b. the Consumer has made at least one payment pursuant to that settlement

agreement, debt management plan, or other valid contractual agreement

between the Consumer and the creditor or debt collector.

33. "Affected Consumers" means any consumer who paid an Advance Fee or any

other fees to Defendants or their officers, agents, servants, employees, or attorneys

for Debt Relief Products or Services between July 1, 2010 and the Effective Date.

34. "Assets" means any legal or equitable interest in, right to, or claim to any real,

personal, or intellectual property owned or controlled by, or held, in whole or in part

for the benefit of, or subject to access by any Defendant or Relief Defendant,

wherever located, whether in the United States or abroad. This includes, but is not

limited to, chattel, goods, instruments, equipment, fixtures, general intangibles,

effects, leaseholds, contracts, mail or other deliveries, shares of stock, commodities,

futures, inventory, checks, notes, accounts, credits, receivables (as those terms are

defined in the Uniform Commercial Code), funds, cash, and trusts, including, but

not limited to any trust held for the benefit of any Defendant, Relief Defendant, any

of the Individual Defendants' minor children, or any of the Individual Defendants'

spouses.

35. "Assisting Others" includes, but is not limited to:

c. Consulting in any form whatsoever;

d. Providing paralegal or administrative support services;

e. performing customer service functions including, but not limited to,

receiving or responding to consumer complaints;

8


Case 1:15-cv-23070-MGC Document 104 Entered on FLSD Docket 08(0112016 Page 9 of 20

f. formulating or providing, or arranging for the formulation or provision of,

any advertising or marketing material, including, but not limited to, any

telephone sales script, direct mail solicitation, or the text of any Internet

website, email, or other electronic communication;

g. formulating or providing, or arranging for the formulation or provision of,

any marketing support material or service, including but not limited to,

web or Internet Protocol addresses or domain name registration for any

Internet websites, affiliate marketing services, or media placement

services;

h. providing names of, or assisting in the generation of, potential customers;

i. performing marketing, billing, or payment services of any kind; and

j. acting or serving as an owner, officer, director, manager, or principal of

any entity,

36. 'Bankruptcy Proceeding" means In re Orion Processing LLC, Case No.. 15-10279

currently pending in the United States Bankruptcy Court, Western District of Texas,

Austin Division,

37. ~~Chapter 7 Tmstee" means the Trustee appointed over Defendant Orion

Processing, LLC by the United States Bankruptcy Court, Western District of Texas,

Austin Division in the Bankruptcy Proceeding.

38. "Consumer Financial Product or Service" is synonymous in meaning and equal in

scope to the definition of the term in Section 1002(5) of the CFPA, 12 U.S.C. §

5481(5), and, subject to applicable restrictions contained in the CFPA, includes, but

is not limited to;

a. Extending credit and servicing loans, including acquiring, purchasing,

selling, brokering, or other extensions of credit (other than solely

extending commercial credit to a person who originates consumer credit

transactions);

b. Providing financial advisory services to consumers on individual financial

matters or relating to proprietary financial products or services, including

providing credit counseling to any consumer or providing services to assist

E


Case 1:15-cv-23070-MGC Document 104 Entered on FLSD Docket 08/01(2016 Page 10 of 20

a consumer with debt management or debt settlement, modifying the

terms of any extension of credit, or avoiding foreclosure;

c. Collecting, analyzing, maintaining, or providing consumer report

information or other account information, including information relating

to the credit history of consumers, used or expected to be used in

connection with any decision regarding the of~'ering or provision of a

Consumer Financial Product or Service; or

d. Collecting debt related to any Consumer Financial Product or Service.

39. "Debt Relief Product or Service" means any program or service represented,

directly or by implication, to renegotiate, settle, or in any way alter the terms of

payment or other terms of the debt between a consumer and one or more creditors or

debt collectors, including but not limited to, a reduction in the balance, interest rate,

or fees owed by a person to a creditor or debt collector.

40. "Debt Relief Service Provider" means any Person that offers or provides any Debt

Relief Product or Service.

41. "Defendants" means the Individual Defendants and the Corporate Defendants,

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

names each might be known;

a. "Corporate Defendants" means: Orion Processing, LLC d/b/a Woxld

Law Processing, Wld Credit Repair and World Law Debt (collectively,

"Orion") and its successors and assigns; Family Capital Investment &

Management LLC a/k/a FCIAM Property Management ("FCIAM") and

its successors and assigns; World Law Debt Services, LLC and its

successors and assigns; and World Law Processing, LLC and its

successors and assigns.

b. "Individual Defendants" means Derin Scott, David Klein, and Bradley

Haskins, collectively, or in any combination, and each of them by any

other names by which they might be known;

c. "Default Defendants" means World Law Debt Services, LLC, World

Law Processing, LLC, and Family Capital Investment &Management

LLC a/k/a FCIAM Property Management;

10



d. "Receivership Defendants" means World Law Debt Services, LLC,

World Law Processing, LLC, and Family Capital Investment &

Management LLC a/k/a FCIAM Property Management and their

successors, assigns, affiliates, or subsidiaries, and each of them, by

whatever names each might be known, provided that the Receiver has

reason to believe they are owned or controlled in whole or in part by any

of the Defendants, including but not limited to World Law Forms and

Mediation, Inc., World Law South Inc., and WLD Price Global, Inc.;

e. "Relief Defendant" means Shannon Scott individually and by any other

name by which she might be known;

42. "Effective Date" means the date on which the Order is issued.

43. "Enforcement Director" means the Assistant Director of the Of~'ice of Enforcement

for the Consumer Financial Protection Bureau, or his/her delegee,

44. "Receiver" means Robb Evans &Associates LLC.

45, "Related Consumer Action" means a private action by or on behalf of one or more

consumers or an enforcement action by another governmental agency brought

against Defendant based on substantially the same facts as described in the

Complaint.

46. "Relevant Period" includes the period from July 1, 2010 to the Effective Date.

47. "Telemarketing" means any plan, program, or campaign that is conducted to induce

the purchase of goods or services or a charitable contribution by use of one or more

telephones, whether or not covered by the Telemarketing Sales Rule, 16 C.F.R. Part

310.

11


Case 1;15-cv-23070-MGC Document 104 Entered on FLSD Docket 08/01/2016 Page 12 of 20

ORDER

I.

PERMANENT BAN ON TELEMARKETING AND DEBT RELIEF PRODUCTS ORSERVICES

It is ORDERED that:

48. Default Defendants and their officers, agents, servants, employees, and attorneys, and

all other persons in active concert or participation with them who have actual notice of

this Order, whether acting directly or indirectly, are permanently restrained from any of

the following:

a. Participating in telemarketing or assisting others engaged in telemarketing any

Consumer Financial Product or Service;

b. Advertising, marketing, promoting, offering for sale, selling, or providing any Debt

Relief Product or Service;

c. Assisting others in advertising, marketing, promoting, offering for sale, selling, or

providing any Debt Relief Product or Service; and

d. Receiving any remuneration or other consideration from, holding any ownership

interest in, providing services to, or working in any capacity for any person engaged

in or assisting others in advertising, marketing, promoting, offering for sale, selling,

or providing any Debt Relief Product or Service.

II.

PROHIBITION ON DECEPTIVE PRACTICES

It is FURTHER ORDERED that:

49. Default Defendants and their successors, assigns, officers, agents, servants, employees,

and attorneys, and those persons in active concert or participation with any of them,

who receive actual notice of this Order whether acting directly or indirectly, in

connection with the advertising, marketing, promotion, offering for sale, sale, or

performance of any Consumer Financial Product or Service may not misrepresent, or

assist others in misrepresenting, expressly or impliedly:

12



a. Any aspect of any Consumer Financial Product or Service, including but not limited

to, the amount of savings a consumer will receive from purchasing, using, or

enrolling in such Consumer Financial Product or Service;

b. The total costs to purchase, receive, or use, or the quantity of any Consumer

Financial Product or Service, including that there will be no charge for all or a

portion of such service;

c. Any material restriction, limitation, or condition to purchase, receive, or use any


d. Any aspect of the nature or terms of a xefund, cancellation, exchange, or repurchase

policy for any Consumer Financial Product or Service, including but not limited to,

the likelihood of a consumer obtaining a full or partial refund, or the circumstances

in which a full or partial refund will be granted to the consumer;

e. The income, profits, sales, or savings likely to be achieved from any Consumer

Financial Product or Service;

f. The terms or rates that are available for any loan or other extension of credit;

g. Any person's ability to improve or otherwise affect a consumer's credit record, credit

history, or credit rating or ability to obtain credit;

h. That a consumer will receive legal representation or services from an attorney duly

licensed to practice law;

i. Any material aspect of the performance, efficacy, nature, or central characteristic of

any Consumer Financial Product or Service; and

j. Any other fact material tv consumers concerning any Consumer Financial Product

or Service.

S0. In addition, Default Defendants, whether acting directly or indirectly, in connection

with the advertising, marketing, promotion, offering for sale, or sale of any Consumer

Financial Product or Service, are hereby permanently restrained and enjoined from

making any representation or assisting others in making any representation, expressly or

by implication, about the benefits, performance, or efficacy of any Consumer Financial

Product or Service, unless, at the time such representation is made, such Default

Defendant possesses and relies upon competent and reliable evidence that substantiates

that the representation is true.

13


Case 1:15-cv-23070-MGC Document 104 Entered on FLSD Docket 08/01!2016 Page 14 of 20

51. In addition, Default Defendants, whether acting directly or indirectly, are permanently

restrained from offering or providing any Consumer Financial Product or Service for

which a state license, registration, permit, bonding or other regulatory authority is

required, unless such Default Defendant first obtains such authority.

III.

PROHIBITED USE OF CUSTOMER INFORMATION

It is FiJRTHER ORDERED that:

48. Default Defendants, and their officers, agents, servants, employees, and attorneys

who receive actual notice of this Order, whether acting directly or indirectly, may not

disclose, use, or benefit from customer information, including the name, address,

telephone number, email address, social security number, other identifying

information, or any data that enables access to a customer's account (including a

credit card, bank account, or other financial account), that Defendants obtained

before the Effective Date in connection with Consumer Financial Products or

Services or Debt Relief Products or Services offered by Defendants.

IT IS FURTHER ORDERED that:

49. The Default Defendants, and their officers, agents, servants, employees, attorneys,

and all other persons in active concert or participation with them who receive actual

notice of this Order by personal service, facsimile transmission, email, or otherwise,

whether acting directly or through any corporation, subsidiary, division, or other

device, are hereby permanently restrained and enjoined from attempting to collect,

collecting, selling, or assigning, ox otherwise transferring any right to collect payment

from any consumer who purchased or agreed to purchase debt relief products or

services from Defendants.

However, customer information may be disclosed if requested by a government

agency or required by law, regulation, or court order.

14


Case 1:15-cv-23070-MGC Dacument 104 Entered on FLSD Docket 48/01/2016 Page 15 of 20

IV,

ORDER TO PAY REDRESS


50. A judgment for monetary relief is entered in favor of the Bureau and against Default

Defendants, jointly and severally, in the amount of $106,813,049 for the purpose of

providing redress to Affected Consumers. The monetary judgment set forth in this

Section is immediately due and payable upon entry of this Order and is enforceable

against any asset owned by, on behalf of, for the benefit of, or in trust by or for

Default Defendants.

51. This Order grants to the Bureau all rights and claims that Default Defendants have to

Default Defendants' frozen assets currently in the possession, custody, or control of

the Receiver or in the receivership estate, and Default Defendants shall forfeit any

rights to the funds in the receivership estate, including but not limited to:

a. Funds previously held in Account Numbers XXXXXX2473, XXXXXX9483, and

XXXXXXX9491 at TD Bank in the name of World Law Forms and Mediation

Inc.;

b. Funds previously held in Account Number XXXXXX3559 at Bank of America in

the name of WLD Price Global, Inc.;

c. Funds previously held in Account Numbers XXXXXX2571 and

XXXXXXX2584 at Bank of America in the name of World Law Forms and

Mediation Inc.;

d. Funds previously held in Account Numbers XXXXXX2067 and

XXXXXXX2075 at IBC Bank in the name of Family Capital Investment and

Management;

e. Funds previously held in Account Number XXXXXX2083 at IBC Bank in the

name of All Things Energy LLC; and

f. Funds previously held in Account Number XXXXXX2641 at Bank of America in

the name of Appz, LLC, d/b/a App Ventures.

52. Any financial or brokerage institution, escrow agent, title company, commodity

trading company, business entity, or person, whether located within the United

States or outside the United States, that holds, controls or maintains accounts or

15


Case 1:15-cv-23070-MGC Document 104 Entered on FLSD Docket 08/01!2016 Page 16 of 20

assets of, on behalf of, or for the benefit of, the Default Defendants shall turn over

such account or asset to the Receiver or its designated agent within ten (10) business

days of receiving notice of this Order by any means, including but not limited to via

facsimile or email. Any such funds must be paid to the Receiver, by wire transfer to

the Receiver or to the Receiver's agent, and according to the Receiver's wiring

instructions.

53. Any funds received by the Bureau pursuant to this Order wi11 be deposited into a

fund or funds administered by the Bureau or to the Bureau's agent according to

applicable statutes and regulations to be used to provide redress to Affected

Consumers, for the fees they paid Defendants, and for any attendant expenses for the

administration of any such redress.

54. If the Bureau determines, in its sole discretion, that redress to consumers is wholly or

partially impracticable or otherwise inappropriate, or if funds remain after redress is

completed, the Bureau will deposit any remaining funds in the U.S. Treasury as

disgorgement. Default Defendants will have no right to challenge any actions that

the Bureau or its representatives may take under this paragraph.

55. Payment of redress to any Affected Consumer under this Order may not be

conditioned on that Affected Consumer waiving any right.

V.

ORDER TO PAY CIVIL MONEY PENALTIES


56. Under Section 1055(c) of the CFPA, 12 U.S.C, § 5565(c), by reason of the alleged

violations of law, and taking into account the factors in 12 U.S.C. § 5565(c)(3),

Default Defendants must pay a civil money penalty of $40 million to the Bureau.

57. Within 10 days of the Effective Date, Default Defendants must pay the civil money

penalty by wire transfer to the Bureau or to the Bureau's agent in compliance with

the Bureau's wiring instructions.

58. The civil money penalty paid under this Order will be deposited in the Civil Penalty

Fund of the Bureau as required by Section 1017(d) of the CFPA, 12 U.S.C. §

5497(d).

16



59, Default Defendants must treat the civil money penalty paid under this Order as a

penalty paid to the government for all purposes. Regardless of how the Bureau

ultimately uses those funds, Default Defendants may not:

a, Claim, assert, or apply for a tax deduction, tax credit, or any other tax benefit for

any civil money penalty paid under this Order; or

b. Seek or accept, directly or indirectly, reimbursement or indemnification from any

source, including but not limited to payment made under any insurance policy,

with regard to any civil money penalty paid under this Order.

60. To preserve the deterrent effect of the civil money penalty in any Related Consumer

Action, Default Defendants may not argue that they are entitled to, nor may Default

Defendants benefit by, any offset or reduction of any monetary remedies imposed in

the Related Consumer Action because of the civil money penalty paid in this action

or because of any payment that the Bureau makes from the Civil Penalty Fund

(Penalty Offset). If the court in any Related Consumer Action grants such a Penalty

Offset, Default Defendants must, within 30 days after entry of a final order granting

the Penalty Offset, notify the Bureau, and pay the amount of the Penalty Offset to

the U.S. Treasury. Such a payment will not be considered an additional civil money

penalty and will not change the amount of the civil money penalty imposed in this

action.

61, The civil penalty imposed by this Order represents a civil penalty owed to the United

States Government, is not compensation for actual pecuniary loss, and, thus, as to

each Default Defendant, it is not subject to discharge under the Bankruptcy Code

under 11 U.S.C. § 523(a)(7).

VI.

ADDITIONAL MONETARY PROVISIONS


62. In the event of any default on Default Defendants' obligations to make payment

under this Order, interest, computed under 28 U.S.C, § 1961, as amended, will

accrue on any outstanding amounts not paid from the date of default to the date of

payment, and will immediately become due and payable.

17



63. Default Defendants must relinquish all dominion, control, and title to the funds paid

to the fullest extent permitted by law and no part of the funds may be returned to

Default Defendants.

64. The facts alleged in the Bureau's Complaint will be taken as true and be given

collateral estoppel effect, without further proof, in any proceeding based on the entry

of the Order, or in any subsequent civil litigation by the Bureau to enforce this Order

or its rights to any payment or monetary judgment under the Order, such as a non-

dischargeability complaint in any bankruptcy case.

65. The facts alleged in the Complaint establish all elements necessary to sustain an

action by the Bureau pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11

U.S.C. § 523(a)(2)(A), and this Ordex will have collateral estoppel effect for such

purposes.

66. Under 31 U.S.C. § 7701, Default Defendants, unless they have already done so, must

furnish to the Bureau any taxpayer identifying numbers, which may be used for

purposes of collecting and reporting on any delinquent amount arising out of this

Order.

VII.

RECEIVERSHIPIt is FURTHER ORDERED that:

67. The appointment of Robb Evans &Associates LLC as Receiver for the Receivership

Defendants pursuant to the September 2, 2015 and September 14, 2015 PIs is hereby

continued as modified by this Section.

68. The Receiver shall take any and all steps that the Receiver concludes are appropriate

to wind down the Receivership Defendants.

69. The Receiver shall continue to take all steps to locate and collect all viable Assets of

the Receivership Defendants and proceed to liquidate all Assets of the Receivership

Defendants, without further order of the Court. The Receiver shall use the proceeds

of the sales of these Assets to pay any legirimate liens and necessary expenses

relating to the sales.

18



70. The Receiver shall continue to perform all acts necessary or advisable to complete an

accounting of the receivership Assets, and prevent unauthorized transfer,

withdrawal, or misapplication of Assets.

71. The Receiver may continue to apply to the Court for payment of compensation and

expenses associated with the performance of its duties as Receiver.

72. No later than one hundred and eighty (180) days from the Effective Date, the

Receiver shall file and serve on the parties a report (the "Final Report") to the Court

that details the steps taken to dissolve the receivership estate. The Final Report must

include an accounting of the receivership estate's finances and total Assets and a

description of what other actions, if any, must be taken to wind down the

Receivership Defendants. At the time of filing the Final Report, the Receiver shall

also file an application for final payment of compensation and expenses associated

with its performance of its duties as Receiver. The Court will review the Final

Report, payment application and any objections thereto and, absent a valid

objection, will issue an order directing that the Receiver:

a. Pay the reasonable costs and expenses of administering the receivership estate,

including compensation of the Receiver and the Receiver's personnel and the

actual out-of-pocket costs incurred by the Receiver in carrying out its duties; and

b. Pay all remaining funds to the Bureau within ten (10) days by wire transfer to the

Bureau or to the Bureau's agent, and according to the Bureau's wiring

instructions toward the monetary judgment and penalties set forth in this Order.

73. If the Receiver believes that viable outstanding claims of the receivership estate will

not be resolved within one hundred and eighty (180) days of the entry of this Order,

or if the Receiver believes that additional actions need to be taken more than one

hundred and eighty (180) days after the entry of this Order, the Receiver will move

the Court for an appropriate extension of the receivership and the deadline to file the

Final Report.

74. Until the date the Court issues an order based on the Receiver's Final Report, it'there

is any final judgment, consent order, or settlement in a Related Consumer Action,

the Receiver must notify the Enforcement Director of the final judgment, consent

order, or settlement in writing. That notification must indicate the amount of redress,

19



if any, that any Receivership Defendant paid or is required to pay to consumers and

describe the consumers or classes of consumers to whom that redress has been or will

be paid.

75. Upon the transfer of funds to the Bureau pursuant to this Section, the Receivership,

pursuant to the September 2, 2015 and September 14, 2015 PIs, will be dissolved.

VIII.

COOPERATION WITH BUREAU

IT IS FURTI~R ORDERED that:

76. The Receiver is directed to cooperate fully to help the Bureau determine the identity

and location of, and the amount of injury sustained by, each Affected Consumer.

IX.

RETENTION OF JURISDICTION


77. The Court will retain jurisdiction of this matter for the purpose of enforcing this

Order.

DONE and ORDERED in Chambers, in Miami, Florida, this 1St day of August2016.

GIh~CCQ~ .MAR 'TA G. COOKE

~..._._ ~._.__~

United States District Judge

Copies furnished to:Edwin G. Torres, U S. Magistrate JudgeCounsel of record

20



LT1vITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

Case No. 15-23070-Civ-COOKE/TORRES

CONSUMER FINANCIALPROTECTION BUREAU,

Plaintiff,

v.

ORION PROCESSING, LLC, a Texas limitedliability company, d/b/a World Law Processing,Wld Credit Repair, and World Law Debt; FAMILYCAPITAL INVESTMENT &MANAGEMENTLLC, a Delaware limited liability company, a/k/aFCIAM Property Management; WORLD LAWDEBT SERVICES, LLC, a Delaware limitedliability company; WORLD LAW PROCESSING,LLC, a Delaware limited liability company; DERINSCOTT, an individual; DAVID KLEIN, anindividual; and BRADLEY JAMES HASKINS,individually and d/b/a World Law Group, LLP,World Law Group America, LLP, WLD PriceGlobal, Inc., World Law Forms and Mediation, andWorld Law South;

Defendants,

Shannon Scott, an individual,

Relief Defendant.

STIPULATED FINAL JUDGMENT AND ORDER AGAINST DEFENDANTSDERIN SCCJTT, I~A~TD KLEIN .4F~ID RCLIEF DEFENDANT SHANNON SCOTT

Plaintiff', the Consumer Financial Protection Bureau ("Bureau") commenced this

civil action on August 17, 2015 to obtain permanent injunctive relief, rescission or

reformation of contracts, the refund of moneys paid, restitution, disgorgement or

compensation for unjust enrichment, civil money penalries, and other equitable relief from

Defendants (a) Orion Processing, LLC, a Texas limited liability company, d/b/a World

1


Case 1:15-cv-23010-MGC Document 105 Entered on FLSD Docket 08/Q1/2016 Page 2 of 25

Law Processing, Wld Credit Repair, and World Law Debt; (b) Family Capital Investment &

Management LLC, a Delaware limited liability company, a/k/a FCIAM Property

Management; (c) World Law Debt Services, LLC, a Delaware limited liability company; (d)

World Law Processing, LLC, a Delaware limited liability company; (e) Derin Scott, an

individual; (~ David Klein, an individual; and (g) Bradley James Haskins, individually and

d/b/a as World Law Group, LLP, World Law Group America, LLP, WLD Price Global,

Inc., World Law Forms and Mediation, and World Law South. The Bureau brought this

Complaint under sections 1031(a), 1036(a), 1054, and 1055 of the Consumer Financial

Protection Act of 2010 ("CFPA"), 12 U.S.C. §§ 5531(a), 5536(a), 5564(a), and 5581, and

the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§

6102(c)(2), 61Q5(d), alleging Defendants violated the CFPA and the Telemarketing Sales

Rule ("TSR"), 16 C,F.R. pt. 310 in connection with the marketing and sale of debt relief

services.

The Bureau and Defendants Derin Scott and David Klein ("Settling Defendants")

and Relief Defendant Shannon Scott ("Relief Defendant") have agreed to entry of this

Stipulated Final Judgment and Order ("Order") by this Court.

Therefore, it is ORDERED and ADNDGED as follows:

FINDINGS

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

pursuant to 12 U.S.C. § 5565(a)(1) and 28 U.S.C. §§ 1331, 1345, and 1367.

2. Venue in the Southern District of Florida is proper under 28 U.S.C. § 1391(b) and (c)

and 12 U.S.C. § 55640.

3, The Bureau, Settling Defendants, and Relief Defendant agree to entry of this Order

to settle and resolve all matters in dispute arising from the conduct alleged in the

Complaint.

4. The Complaint states claims upon which relief may be granted under the CFPA, 12

U.S.C. §§ 5531(a), 5536(a), 5564(a), and 5581, and the Telemarketing and Consumer

Fraud and Abuse and Prevention Act, 15 U.S.C. §§ 6102(c)(2), 6105(d), and its

implementing regulation, 16 C.F.R. part 310. The relief provided in this Order is

appropriate and available pursuant to Sections 1054 and 1055 of the CFPA, 12

~a



U.S.C. §§ 5564, 5565, and pursuant to the Telemarketing and Consumer Fraud and

Abuse and Prevention Act, 15 U.S.C. § 6102(c).

S. Settling Defendants and Relief Defendant waive all rights to seek judicial review or

otherwise challenge or contest the validity of this Order and any claim they may

have under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the

prosecution of this action to the date of this Order. Each Party agrees to bear its own

costs and expenses, including, without limitation, attorneys' fees.

6. Entry of this Order is in the public interest.

7, Settling Defendants neither admit nor deny the allegations in the Complaint, except

as specifically stated herein, but do not waive any privilege.

8~ Settling Defendants are each a "covered person," "related person," and a "service

provider" as those terms are defined by the CFPA, 12 U,S.C. § 5481(6)(A), (19),

(25), and (26).

9, During the Relevant Period, Defendants offered or provided financial advisory

services, including services to assist consumers settle debts. 12 U.S.C. §

5481(15)(A)(viii).

10. Defendants' business included inducing the purchase of financial advisory services

by use of one or more telephones and involved more than one interstate telephone

call. Defendants are "sellers" or "telemarketers" of a "debt relief service," who

engage in "telemarketing," as defined in the TSR. 16 C.F.R. § 310.2.

11. In the course of telemarketing debt relief services from October 27, 2010 to the

Ef~'ective Date, Defendants requested or received payment of fees or consideration

from consumers for debt relief services before: (1) they had renegotiated, settled,

reduced, or otherwise altered the terms of at least one debt pursuant to a settlement

agreement, debt management plan, or other such valid contractual agreement

executed by the consumer; and (2) the consumer had made at least one payment

pursuant to that agreement.

12. During the Relevant Period, the Defendants' operation received approximately

$106,813,049 in payments and fees, a substantial portion of which were Advance

3



Fees, from Affected Consumers. These payments and fees were divided among the

multiple participants.

13. Defendants conducted the business practices described in paragraphs 8-12 above

through cooperation among the Corporate and Individual Defendants, which

operated together to offer and provide debt relief services to consumers through the

World Law debt relief program. In this joint operation, Defendants often used

overlapping employees and offices, commingled funds, and shared operations and

proceeds.

14. The Court finds that Defendants' acts and practices described above violate the TSR,

16 C.F.R. § 310,4(a)(5)(i).

15. Relief Defendant Shannon Scott has received, directly or indirectly, funds or other

assets from Defendants that are traceable to funds obtained from Defendants'

customers through the acts or practices described in paragraphs 8-13 above. Relief

Defendant Shannon Scott is not a bona fide purchaser with legal and equitable title

to Defendants' customers' funds or other assets.

16. All pending motions by Settling Defendants and Relief Defendant are hereby denied

as moot.

DEFINITIONS

The following definitions apply to this Order:

17. "Advance Fee" means any fee or consideration requested or received by a Debt

Relief Service Provider from a consumer for any Debt Relief Service, whether

directly or indirectly, that occurs before:

a. the Debt Relief Service Provider has renegotiated, settled, reduced, or otherwise

altered the terms of a debt pursuant to a settlement agreement, debt management

plan, or other valid contractual agreement executed by the Consumer; and

b. the Consumer has made at least one payment pursuant to that settlement

agreement, debt management plan, or other valid contractual agreement between

the Consumer and the creditor or debt collector.

4



18. "Affected Consumers" means any consumer who paid an Advance Fee or any other

fees to Defendants or their officers, agents, servants, employees, or attorneys for

Debt Relief Products or Services between July 1, 2010 and the Effective Date,

19. "Assets" means any legal or equitable interest in, right to, or claim to any real,

personal, or intellectual property owned or controlled by, or held, in whole or in part

for the benefit of, or subject to access by any Defendant or Relief Defendant,

wherever located, whether in the United States or abroad. This includes, but is not

limited to, chattel, goods, instruments, equipment, fixtures, general intangibles,

effects, leaseholds, contracts, mail or other deliveries, shares of stock, commodities,

futures, inventory, checks, notes, accounts, credits, receivables (as those terms are

defined in the Uniform Commercial Code), funds, cash, and trusts, including, but

not limited to any trust held for the benefit of any Defendant, Relief Defendant, any

of the Individual Defendants' minor children, or any of the Individual Defendants'

spouses.

20. "Assisting Others" includes, but is not limited to;

a. Consulting in any form whatsoever;

b. Providing paralegal or administrative support services;

c. Performing customer service functions including, but not limited to, receiving or

responding to consumer complaints;

d. Formulating or providing, or arranging for the formulation or provision of, any

advertising or marketing material, including, but not limited to, any telephone

sales script, direct mail solicitation, or the text of any Internet website, email, or

other electronic communication;

e. Formulating or providing, or arranging for the formulation or provision of, any

marketing support material or service, including but not limited to, web or

Internet Protocol addresses or domain name registration for any Internet

websites, affiliate marketing services, or media placement services;

f. Providing names of, or assisting in the generation of, potential customers;

g. Performing marketing, billing, or payment services of any kind; and



h. Acting or serving as an owner, officer, director, manager, or principal of any

entity.

21. "Bankrnptcy Proceeding" means In re Orion Processing LLC, Case No. 15-10279

currently pending in the United States Bankruptcy Court, Western District of Texas,

Austin Division.

22. "Chapter 7 Tmstee" means the Trustee appointed over Defendant Orion Processing,

LLC by the United States Bankruptcy Court, Western District of Texas, Austin

Division in the Bankruptcy Proceeding, and any successor,

23. "Consumer Financial Product or Service" is synonymous in meaning and equal in

scope to the definition of the term in Section 1002(5) of the CFPA, 12 U.S.C. §

5481(5), and, subject to applicable restrictions contained in the CFPA, includes, but

is not limited to:

a. Extending credit and servicing loans, including acquiring, purchasing, selling,

brokering, or other extensions of credit (other than solely extending commercial

credit to a person who originates consumer credit transactions);

b, Providing financial advisory services to consumers on individual financial

matters or relating to proprietary financial products or services, including

providing credit counseling to any consumer or providing services to assist a

consumer with debt management or debt settlement, modifying the terms of any

extension of credit, or avoiding foreclosure;

c. Collecting, analyzing, maintaining, or providing consumer report information or

other account information, including information relating to the credit history of

consumers, used or expected to be used in connection with any decision

regarding the offering or provision of a Consumer Financial Product or Service;

or

d. Collecting debt related to any Consumer Financial Product or Service.

24. "Debt Relief Product or Service" means any program or service represented,

directly or by implication, to renegotiate, settle, or in any way alter the terms of

payment or other terms of the debt between a consumer and one or more creditors or

r.~


Case 1:15-cv-23070-MGC Document 105 Entered on FLSD Docket 08J01/2016 Page 7 of 25

debt collectors, including but not limited to, a reduction in the balance, interest rate,

or fees owed by a person to a creditor or debt collector.

25. "Debt Relief Service Provider" means any Person that offers or provides any Debt

Relief Product or Service.

26. "Defendants" means the Individual Defendants and the Corporate Defendants,

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

names each might be known;

a. "Corporate Defendants" means. Orion Processing, LLC d/b/a World Law

Processing, Wld Credit Repair and World Law Debt (collectively, "Orion") and

its successors and assigns; Family Capital Investment &Management LLC a/k/a

FCIAM Property Management ("FCIAM") and its successors and assigns;

World Law Debt Services, LLC and its successors and assigns; and World Law

Processing, LLC and its successors and assigns.

b. "Individual Defendants" means Derin Scott, David Klein, and Bradley Haskins,

collectively, or in any combination, and each of them by any other names by

which they might be known;

c. "Relief Defendant" means Shannon Scott individually and by any other name

by which she might be known;

d. "Settling Defendants" means Derin Scott and David Klein collectively, or in any

combination, and each of them by any other names by which they might be

known.

27. "Effective Date" means the date on which the Order is issued.

28. "Enforcement Director" means the Assistant Director for the Office of Enforcement

for the Consumer Financial Protection Bureau, or his/her delegee.

29. "Receiver" means Robb Evans &Associates LLC.

30. "Related Consumer Action" means a private action by or on behalf of one or more

consumers or an enforcement action by another governmental agency brought

against Defendant based on substantially the same facts as described in the

Complaint.

31, "Relevant Period" includes the period from July 1, 2010 to the Effective Date.

7


Case 1:15-cv-23070-MGC Document 105 Entered on FLSD Docket 08/01(2016 Page 8 of 25

32. "Telemarketing" means any plan, program, or campaign that is conducted to induce

the purchase of goods or services or a charitable contribution, by use of one or more

telephones, whether or not covered by the Telemarketing Sales Rule, 16 C.F.R. Fart

310.

ORDER

Conduct ProvisionsI.

PERMANENT BAN ON TELEMARKETING AND DEBT RELIEF PRODUCTS ORSERVICES

It is ORDERED that:

33. Settling Defendants and their officers, agents, servants, employees, and attorneys,

and all other persons in active concert or participation with them who have actual

notice of this Order, whether acting direcfly or indirectly, are permanently restrained

from any of the following:

a, Participating in telemarketing or assisring others engaged in telemarketing any


b. Advertising, marketing, promoting, offering for sale, selling, or providing any

Debt Relief Product or Service;

c. Assisting others in advertising, marketing, promoting, offering for sale, selling, or

providing any Debt Relief Product or Service; and

d. Receiving any remuneration or other consideration from, holding any ownership

interest in, providing services to, or working in any capacity for any person

engaged in or assisting others in advertising, marketing, promoting, offering for

sale, selling, or providing any Debt Relief Product or Service.

II.PROHIBITION ON DECEPTIVE PRACTICES


34. Settling Defendants and their successors, assigns, officers, agents, servants,

employees, and attorneys, and those persons in active concert or participation with

any of them, who receive actual notice of this Order whether acting directly or

indirectly, in connection with the advertising, marketing, promotion, offering for

E


Case 1.15-cv-23070-MGC Document 1U5 Entered on FLSD Docket 08!01/2016 Page 9 of 25

sale, sale, or performance of any Consumer Financial Product or Service may not

misrepresent, or assist others in misrepresenting, expressly or impliedly:

a. Any aspect of any Consumer Financial Product or Service, including but not

limited to, the amount of savings a consumer will receive from purchasing, using,

or enrolling in such Consumer Financial Product or Service;

b. The total costs to purchase, receive, or use, or the quantity of any Consumer

Financial Product or Service, including that there will be no charge for all or a

portion of such service;

c. Any material restriction, limitation, or condition to purchase, receive, or use any


d. Any aspect of the nature or terms of a refund, cancellation, exchange, or

repurchase policy for any Consumer Financial Product or Service, including but

not limited to, the likelihood of a consumer obtaining a full or partial refund, or

the circumstances in which a full or partial refund will be granted to the

consumer;

e. The income, profits, sales, or savings likely to be achieved from any Consumer

Financial Product or Service;

f. The terms or rates that are available for any loan or other extension of credit;

g, Any person's ability to improve or otherwise affect a consumer's credit record,

credit history, or credit rating or ability to obtain credit;

h. That a consumer will receive legal representation or services from an attorney

duly licensed to practice law;

i. Any material aspect of the performance, efficacy, nature, or central characteristic

of any Consumer Financial Product or Service; and

j, Any other fact material to consumers concerning any Consumer Financial

Product or Service.

35. In addition, Settling Defendants, whether acting directly or indirectly, in connecrion

with the advertising, marketing, promotion, offering for sale, or sale of any

Consumer Financial Product or Service, are hereby permanently restrained and

enjoined from making any representation or assisting others in making any

L]



representation, expressly or by implication, about the benefits, performance, or

efficacy of any Consumer Financial Product or Service, unless, at the time such

representation is made, such Settling Defendant possesses and relies upon competent

and reliable evidence that substantiates that the representation is true.

36. In addition, Settling Defendants, whether acting directly or indirectly, are

permanently restrained from offering or providing any Consumer Financial Product

or Service for which a state license, registration, permit, bonding or other regulatory

authority is required, unless such Settling Defendant first obtains such authority.

III.

PROHIBITED USE OF CUSTOMER INFORMATIONIt is FURTHER ORDERED that:

37. Settling Defendants, and their officers, agents, servants, employees, and attorneys

who receive actual notice of this Order, whether acting directly or indirectly, may not

disclose, use, or benefit from customer information, including the name, address,

telephone number, email address, social security number, other identifying

information, or any data that enables access to a customer's account (including a

credit card, bank account, or other financial account), that Defendants obtained

before the Effective Date in connection with Consumer Financial Products or

Services or Debt Relief Products or Services offered by Defendants.


38. The Settling Defendants, and their officers, agents, servants, employees, attorneys,

and all other persons in acrive concert or participation with them who receive actual

notice of this Order, whether acting direcfly or indirectly, are hereby permanently

restrained and enjoined from attempting to collect, collecting, selling, or assigning, or

otherwise transferring any right to collect payment from any consumer who

purchased or agreed to purchase Debt Relief Products or Services from Defendants,

However, customer information may be disclosed if requested by a government

agency or required by law, regulation, court rules or order.

10



IV.

COOPERATION WITH THE BUREAU


39. Settling Defendants must cooperate fully and in good faith with the Bureau in

connection with this action or any subsequent investigation or litigation related to or

associated with the conduct described in the Bureau's Complaint, including related

to the Bankruptcy Proceeding. Settling Defendants must provide truthful and

complete information, evidence, and testimony. Settling Defendants must appear for

interviews, conferences, pretrial discovery, review of documents, deposition, trial, or

any other proceedings that the Bureau may reasonably request upon S days written

notice, or other reasonable notice, at such places and times as the Bureau may

designate, without the service of compulsory process.

40. Settling Defendants must cooperate fully to help the Bureau determine the identity,

location and contact information of any Defendant and any person who might have

contact information for any Defendant. Settling Defendants must provide such

information in their or their agents' possession or control within 14 days of receiving

a written request from the Bureau.

41. Settling Defendants must cooperate fully to help the Bureau determine the identity,

location, contact information and amount of injury sustained by each Affected

Consumer. Settling Defendants must provide such information in their or their

agents' possession or control within 14 days of receiving a written request from the

Bureau.

ORDER TO PAY REDRESS


42. A judgment for monetary relief is entered in favor of the Bureau and against Settling

Defendants, jointly and severally, in the amount of $106,813,049 for the purpose of

providing redress to Affected Consumers. However, full payment of this judgment

will be suspended upon satisfaction of the obligations in paragraphs 43 - 47, 52 - 53,

and subject to Section VII of this Order.

11


Case 1:15-cv-23070-MGC Document 105 EnterecJ on FLSD Uacket 08/01/2g16 Page 12 of 25

a. Of this judgment for monetary relief, Relief Defendant shall be jointly and

severally liable for the amount of $580,133, such amount also being for the

purpose of providing redress to Affected Consumers. However, full payment of

Relief Defendant's portion of this judgment will be suspended upon satisfaction

of the obligations in paragraphs 43 - 47, and subject to Section VII of this Order.

43, Settling Defendants and Relief Defendant hereby grant to the Bureau all rights and

claims they have to any frozen assets and shall forfeit any rights to those funds,

including but not limited to assets in accounts at:

a. Space Coast Credit Union in the following accounts:

i. Account Number XXXXX0589 in the name of Shannon Scott;

ii. Account Number XXXXX0594 in the name of Shannon Scott;

iii. Account Number XXXXX0668 in the name of Shannon Scott and Zain Scott;

iv. Account Number XXXXX0670 in the name of Shannon Scott and Laken

Scott;

v. Account Number XXXXX0602 in the name of Shannon Scott and Kalea A.

Scott; and

vi. Account Number XXXXX0584 in the name of Micah Scott.

Within ten (10) business days from receipt of a copy of this Order by any means,

including but not limited to via facsimile or email, Space Coast Credit Union

shall transfer to the Bureau or its designated agent all funds held in the frozen

accounts listed in subparagraphs (i) through (vi) above by wire transfer to the

Bureau or to the Bureau's agent and according to the Bureau's wiring

instructions.

b. Connect Credit Union in Account Number XXXXX02688 in the name of

Shannon Scott. Within ten (10) business days from receipt of a copy of this Order

by any means, including but not limited to via facsimile or email, Connect Credit

Union shall transfer to the Bureau or its designated agent all funds held in

Account Number XXXXX02688 in the name of Shannon Scott by wire transfer

to the Bureau or to the Bureau's agent and according to the Bureau's wiring

instructions.

12


Case 1:15-cv-23070-MGC Dorumerit 105 Entered an FLSD Docket 08/01/2016 Page 13 of 25

c. Wells Fargo Bank in Account Number XXXXX6897 in the name CSCS, LLC,

which is an account owned and controlled by Settling Defendant Klein. Within

ten (10) business days from receipt of a copy of this Order by any means,

including but not limited to via facsimile or email, Wells Fargo Bank shall

transfer to the Bureau or its designated agent all funds held in Account Number

XXXXX6897 in the name CSCS, LLC, by wire transfer to the Bureau or to the

Bureau's agent and according to the Bureau's wiring instructions.

44. Settling Defendant David Klein also hereby grants to the Bureau all rights and claims

he has to the assets currently held in the following accounts at Wells Fargo Bank and

shall forfeit any rights to the funds: Account Numbers XXXXX4293,

XXXXXX2941, and XXXXXX0908, all in the name National Integrated Solutions;

45, To the extent Settling Defendant Scott has not already done so, Settling Defendant

Scott is ordered to relinquish any interest in and transfer and relinquish to Receiver,

or to its designated agent, possession, custody, and control of the following assets

within seven (7) days of entry of this Order, unless otherwise stated.

a. Dominion and all legal and equitable right, title, and interest in, as well as any

accounts receivable from, the following entities, their successors, assigns,

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

known, whether those rights, titles, interest, and amounts receivable are held by

one or more Defendants: Orion Limo Services, LLC; Psamathe Sands, LLC;

Global Energy Partners, LLC; GNS Frac, LLC; Prop Transport &Trading LLC;

lOK International LLC; All Things Energy, LLC; Athlete Entertainment Group,

LLC; Seamless Human; Appz, LLC DBA App Ventures; and 9011 Mountain

Ridge Dr., LLC;

b. All funds in the following accounts:

i. Funds held in Account Number XXXXXX2083 at IBC Bank in the name of

All Things Energy LLC;

ii, Funds held in Account Number XXXXXX2641 at Bank of America in the

name of Appz, LLC DBA App Ventures;

13


Case 1:15-cv-23070-MGC Document 105 Enteretl on FLSD Docket 08/01/2016 Page 14 of 25

iii. Funds held in Account Number XXXXX9966 at Bank of America in the

name Orion Limo Services, LLC. Within ten (10) business days from receipt

of a copy of this Order by any means, including but not limited to via

facsimile or email, Bank of America shall transfer to the Receiver or its

designated agent all funds held in Account Number XXXXX9966 in the

name Orion Limo Services, LLC.

c. The following vehicles including certificates of title:

i. 2007 Cadillac Escalade SUV;

ii. 2007 Mercedes Benz S600;

iii. 1995 Range Rover County LWB SUV

iv. 2007 MB Sport B52 boat;

v. 1999 Malibu LX boat;

vi. Pair of 2007 Polaris Vintage Jet Skis;

vii. Polaris 4-Wheeler;

viii. 2004 Kawasaki KDX Motorcross Bike;

ix. 2004 Kawasaki KX60 Motorcross Bike;

x. 2006 Honda CFR Motorcross Bike;

xi. 2012 Husqvarna Zero turn Lawn Mower;

xii. 4 2012 mini ATVs;

xiii, Triathalon racing bicycles; and

d. The building located at 9011 Mountain Ridge Drive, Austin, Texas and any

personal property inside the building.

Provided, however, that the Receiver may abandon, without further court order, any such

Asset set forth in this paragraph or otherwise it deems in its discretion to be of

inconsequential or no value.

46. Settling Defendant Scott shall cooperate fully with the Receiver and shall execute

any instrument or document presented by the Receiver, and take any other actions

the Receiver deems necessary or appropriate to effect the transfers required by

Paragraph 45. All of the property set forth in paragraph 45 shall constitute Assets of

the receivership estate.

14


Case 1:15-cv-23070-MGC Document 105 Entered on FLSD Dorket 08/01/2416 Page 15 of 25

47. Settling Defendants and Relief Defendant hereby grant to the Bureau all rights and

claims they have to any other frozen Assets currently in the possession, custody or

control of the Receiver, and shall forfeit any rights to the funds in the receivership

estate, including but not limited to:

a. All funds held, obtained, or to be obtained by the Receiver since the inception of

the receivership whether through this Stipulated Order or otherwise.

48. With regard to any redress that Settling Defendants and Relief Defendant pay under

this Section V (Order to Pay Redress), if Settling Defendants or Relief Defendant

receive, directly or indirectly, any reimbursement or indemnification from any

source, including but not limited to payment made under any insurance policy, or if

Settling Defendants or Relief Defendant secure a tax deduction or tax credit with

regard to any federal, state, or local tax, Settling Defendants or Relief Defendant

must: (a) immediately notify the Enforcement Director in writing, and (b) within ten

(10) days of receiving the funds or monetary benefit, Settling Defendants or Relief

Defendant must transfer to the Bureau the full amount of such funds or monetary

benefit (Additional Payment) to the Bureau or to the Bureau's agent according to the

Bureau's wiring instructions. After the Bureau receives the Additional Payment, the

amount of the suspended judgment referenced in Paragraph 42 will be reduced by the

amount of the Additional Payment and the Additional Payment will be applied

toward satisfaction of the monetary judgment entered in Paragraph 42.

49, Any funds received by the Bureau pursuant to this Order will be deposited into a

fund or funds administered by the Bureau or to the Bureau's agent according to

applicable statutes and regulations to be used to provide redress to Affected

Consumers for the fees they paid to Defendants, and for any attendant expenses for

the administration of any such redress.

50. If the Bureau determines, in its sole discrerion, that redress to consumers is wholly or

partially impracticable or otherwise inappropriate, or if funds remain after redress is

completed, the Bureau will deposit any remaining funds in the U.S. Treasury as

disgorgement. Settling Defendants will have no right to challenge any actions that

the Bureau or its representatives may take under this paragraph.

15


Gase 1:15-cv-23070-MGC Document 105 Entered on FLSD Docket 08/01/2016 Page 16 of 25

51. Payment of redress to any Affected Consumer under this Order may not be

conditioned on that Affected Consumer waiving any right.

VI.

ORDER TO PAY CIVIL MONEY PENALTIES


52. Under Secrion 1055(c) of the CFPA, 12 U.S.C. § 5565(c), by reason of the violations

of law alleged in the Complaint and continuing until the Effective Date, and taking

into account the factors in 12 U.S.C. § 5565(c)(3), Settling Defendant Derin Scott

must pay a civil money penalty of $1 to the Bureau; and Settling Defendant David

Klein must pay a civil money penalty of $1 to the Bureau. These nominal civil

penalties are based on Settling Defendants' limited ability to pay as attested to in all

financial statements and supporting documents that Settling Defendants submitted to

the Bureau, and Settling Defendant Scott's and Settling Defendant Klein's oral

testimony provided on December 15, 2015 and December 22, 201 S, respectively.

53. Within 10 days of the Effective Date, Settling Defendants must each pay the civil

money penalty by wire transfer to the Bureau or to the Bureau's agent in compliance

with the Bureau's wiring instructions.

54. The civil money penalty paid under this Order wi11 be deposited in the Civil Penalty

Fund of the Bureau as required by Section 1017(d) of the CFPA, 12 U,S.C. §

5497(d).

55. Settling Defendants and Relief Defendant must treat the civil money penalty paid

under this Order as a penalty paid to the government for all purposes. Regardless of

how the Bureau ultimately uses those funds, Settling Defendants and Relief

Defendant may not:

a. Claim, assert, or apply fox a tax deduction, tax credit, or any other tax benefit for

any civil money penalty paid under this Order; or

b, Seek or accept, directly or indirectly, reimbursement or indemnification from any

source, including but not limited to payment made under any insurance policy,

with regard to any civil money penalty paid under this Order.

16


Cage 1:15-cv-23070-MGC Document 105 Entered on FLSD Docket ~8(01/201G Page 17 of 25

56. To preserve the deterrent effect of the civil money penalty in any Related Consumer

Action, Settling Defendants may not argue that they are entitled to, nor may Settling

Defendants benefit by, any offset or reduction of any monetary remedies imposed in

the Related Consumer Action because of the civil money penalty paid in this action

or because of any payment that the Bureau makes from the Civil Penalty Fund

(Penalty Offset). If the court in any Related Consumer Action grants such a Penalty

Offset, Settling Defendants must, within 30 days after entry of a final order granting

the Penalty Offset, notify the Bureau, and pay the amount of the Penalty Offset to

the U.S. Treasury. Such a payment will not be considered an additional civil money

penalty and will not change the amount of the civil money penalty imposed in this

action.

S7. The civil penalty imposed by this Order represents a civil penalty owed to the United

States Government, is not compensation for actual pecuniary loss, and, thus, as to

each Settling Defendant, it is not subject to discharge under the Bankruptcy Code

under 11 U.S.C. § 523(a)(7).

VII.

EFFECT OF MISREPRESENTATION OR OMISSION REGARDING FINANCIALCONDITION


58. The suspension of the monetary judgment entered in Section V of this Order is

expressly premised on the truthfulness, accuracy, and completeness of Settling

Defendants' and Relief Defendant's financial statements and supporting documents,

all of which Settling Defendants and Relief Defendant assert are truthful, accurate,

and complete, and which include:

a. Financial Statement of Derin and Shannon Scott, including the attachments,

signed on September 11, 2015 and submitted to the Bureau on or about October

1, 2015;

b. Financial Statement of David Klein, including the attachments, signed on

September 1, 2015 and submitted to the Bureau on or about September 20, 2015;

c. Updated Financial Statement of David Klein, including the attachments, signed

on May 23, 2016, and submitted to the Bureau on or about May 24, 2016;

17



d. Updated Financial Statement of Derin and Shannon Scott, including the

attachments, submitted to the Bureau on or about May 24, 2016, and signed on

July 15, 2016; and

e. Derin Scott's and David Klein's oral testimony provided on December 15, 2015

and December 22, 2015, respectively.

59. If upon motion by the Bureau, the Court determines that any Settling Defendant or

Relief Defendant has failed to disclose any material asset or that any of his/her

financial statements or oral testimony contain any material misrepresentation or

omission, including materially misstaring the value of any asset, the Court shall

terminate the suspension of the monetary judgment entered in Section V and without

further adjudication, shall reinstate the judgment entered in Section V of this Order

and the full judgment of $106,813,049 shall be immediately due and payable, less

any amounts paid to the Bureau under Section V of this Order.

60. If the Court terminates the suspension of the monetary judgment under this Section,

the Bureau will be entitled to interest on the judgment, computed from the date of

entry of this Order, at the rate prescribed by 28 U.S.C. § 1961, as amended, on any

outstanding amounts not paid,

61. Provided, however, that in all other respects this Order shall remain in full force and

effect unless otherwise ordered by the Court; and, provided further, that proceedings

instituted under this provision would be in addition to, and not in lieu of any other

civil or criminal remedies as may be provided by law, including any other

proceedings that the Bureau may initiate to enforce this Order.

VIII.

ADDITIONAL MONETARY PROVISIONS


62. In the event of any default on Settling Defendants' and Relief Defendant's

obligations to make payment under this Order, interest, computed under 28 U.S.C, §

1961, as amended, will accrue on any outstanding amounts not paid from the date of

default to the date of payment, and will immediately become due and payable.

18


Case 1:15-cv-23070-MGC Document 105 Entered an FLSD Docket 08/01/2016 Page 19 of 25

63. Settling Defendants and Relief Defendant must relinquish all dominion, control, and

title to the funds paid to the fullest extent permitted by law and no part of the funds

may be returned to Settling Defendants or Relief Defendant.

64, The facts alleged in the Bureau's Complaint will be taken as true and be given

collateral estoppel effect, without further proof, in any proceeding based on the entry

of the Order, or in any subsequent civil litigation by the Bureau to enforce this Order

or its rights to any payment or monetary judgment under the Order, such as a non-

dischargeability complaint in any bankruptcy case;

65. The facts alleged in the Complaint establish all elements necessary to sustain an

action by the Bureau pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11

U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such

purposes.

66. Under 31 U.S.C. § 7701, Settling Defendants and Relief Defendant, unless they have

already done so, must furnish to the Bureau any taxpayer identifying numbers

associated with them and their assets, which may be used for purposes of collecting

and reporting on any delinquent amount arising out of this Order.

67. Within 30 days of the entry of a final judgment, Order, or settlement in a Related

Consumer Action, Settling Defendants and/or Relief Defendant must notify the

Enforcement Director of the final judgment, Order, or settlement in writing. That

notification must fully identify the matter, indicate the amount of redress, if any, that

Settling Defendants and Relief Defendant paid or are required to pay to consumers

and describe the consumers or classes of consumers to whom that redress has been or

will be paid.

68. Under Section 604(a)(I) of the Fair Credit Reporting Act, 15 U.S.C.§ 1681 b(a)( 1),

any consumer reporting agency may furnish a consumer report concerning any

Settling Defendant and Relief Defendant to the Bureau, which may be used for

purposes of collecting and reporting on any delinquent amount arising out of this

Order.

19


Case 1:15-cv-23070-MGC Document 105 Entered an FLSD Docket 08/01/2016 Page 20 of 25

IX.

LIFTING OF ASSET FREEZE


69. The freeze on the Assets of Settling Defendants and Relief Defendant Shannon Scott

is modified to permit the payments and other transfers of Assets identified in

Sections V and VI of this Order. Upon completion of all payment and other

obligations identified Sections V and VI of this Order, the freeze of the Assets

pursuant to the Preliminary Injunction entered on September 14, 2015 ("September

14, 2015 PI") (ECF No. 42), shall be dissolved.

Compliance ProvisionsX.

REPORTING REQUIREMENTS

It is FURTHER ORDERED that;

70. Settling Defendants must notify the Bureau of any development that may af~'ect

compliance obligations arising under this Order, including but not limited to, a

dissolution, assignment, sale, merger, or other action that would result in the

emergence of a successor company; the creation or dissolution of a subsidiary,

parent, or affiliate that engages in any acts or practices subject to this Order; the filing

of any bankruptcy or insolvency proceeding by or against any Settling Defendants; or

a change in any Settling Defendants' name or address. Settling Defendants must

provide this notice, if practicable, at least 30 days before the development, but in any

case no later than 14 days after the development.

71. Within 7 days of the Effective Date, each Settling Defendant must;

a. Designate at least one telephone number and email, physical, and postal address

as points of contact, which the Bureau may use to communicate with such

Settling Defendant;

b. Identify all businesses for which Settling Defendant is the majority owner, or that

such Settling Defendant directly or indirectly controls, by all of their names,

telephone numbers, and physical, postal, email, and Internet addresses;

20



c. Describe the activities of each such business, including the products and services

offered, and the means of advertising, marketing, and sales.

d. Identify each of their telephone numbers and all email, Internet, physical, and

postal addresses, including all residences;

e. Describe in detail. each Settling Defendants involvement in any business for

which he performs services in any capacity or which he wholly or partially owns,

including Settling Defendants ritle, role, responsibilities, participation, authority,

control, and ownership.

72. Each Settling Defendant must report any change in the information required to be

submitted under Paragraph 71 above at least 30 days before the change or as soon as

practicable after the learning about the change, whichever is sooner.

73. Within 90 days of the Effective Date, and again one year after the Effective Date,

each Settling Defendant must submit to the Enforcement Director an accurate

written compliance progress report sworn under penalty of perjury ("Compliance

Report"), which, at a minimum;

a. Describes in detail the manner and form in which such Settling Defendant has

complied with this Order; and

b. Attaches a copy of each Order Acknowledgment obtained under Section XI,

unless previously submitted to the Bureau.

74. After the one-year period, each Settling Defendant must submit to the Enforcement

Director additional Compliance Reports within 14 days of receiving a written request

from the Bureau.

XI.

ORDER DISTRIBUTION AND ACKNOWLEDGMENT


75. Within 7 days of the Effective Date, each Settling Defendant must submit to the

Enforcement Director an acknowledgment of receipt of this Order, sworn under

penalty of perjury,

76. Within 30 days of the Effective Date, each Settling Defendant, for any business for

which he is the majority owner or which he directly or indirectly controls, must

21


Case 1:15-cv-23070-MGC Document 105 Entered on FLSD Docket 081011201.6 Page 22 of 25

deliver a copy of this Order to each of its board members and executive officers, as

well as to any managers, employees, service providers, or other agents and

representatives who have responsibilities related to the subject matter of the Order.

77. For 5 years from the Effective Date, each Settling Defendant, for any business for

which he is the majority owner or which he directly or indirectly controls, must

deliver a copy of this Order to any business entity resulting from any change in

structure referred to in Section X (Reporting Requirements), any future board

members and executive officers, as well as to any managers, employees, service

providers, or other agents and representatives who will have responsibilities related

to the subject matter of the Order before they assume their responsibilities, and any

entity or regulatory body from whom he seeks a business license.

78. Each Settling Defendant must secure a signed and dated statement acknowledging

receipt of a copy of this Order, ensuring that any electronic signatures comply with

the requirements of the E-Sign Act, 15 U.S.C, § 7001 et seq., within 30 days of

delivery, from all persons receiving a copy of this Order under this Section.

XII.

RECORDKEEPING


79. Each Settling Defendant must create, for at least ten (10) years from the Effective

Date, the following business records for any business involving consumer financial

products or services for which each Settling Defendant, individually or collectively

with any other Defendant, is a majority owner or which he directly or indirectly

controls;

a. All documents and records necessary to demonstrate full compliance with each

provision of this Order, including all submissions to the Bureau.

b. Copies of all sales scripts; training materials; advertisements; websites; and other

marketing materials; and including any such materials used by a third party on

behalf of Defendant.

c. All documents regarding each individual consumer showing his or her

enrollment in that consumer financial product or service, including: the

22


Case 1:15-cv-23Q70-MGC Document 105 Entered on FLSU Docket U8/U1/201G Page 23 of 25

consumer's name, address, phone number, email address; amount paid, quantity

of the product or service purchased, description of the product or service

purchased, the date on which the product or service was purchased, a copy of any

promotional or welcome materials provided, and, if applicable, the date and

reason consumer left the program.

d. Accounting records showing the gross and net revenues generated by the all

consumer financial products or services, and all costs incurred in generating those

revenues;

e. All consumer complaints and refund requests (whether received directly or

indirectly, such as through a third party), and any responses to those complaints

or requests.

f. Records showing, for each employee providing services, that person's: name;

telephone number; email, physical, and postal address; job title or position; dates

of service; and, if applicable, the reason for termination.

g, Records showing, for each service provider providing services related to relevant

consumer financial product or service, the name of a point of contact, and that

person's telephone number; email, physical, and postal address; job title or

position; dates of service; and, if applicable, the reason for termination.

80. Each Settling Defendant must retain the documents identified in Paragraph 79 for at

least five (5) years after its creation.

81. Each Settling Defendant must make the documents identified in Paragraph 79

available to the Bureau upon the Bureau's request.

XIII.

NOTICES


82. Unless otherwise directed in writing by the Bureau, Settling Defendants must provide

all submissions, requests, communications, or other documents relating to this Order

in writing, with the subject line, "CFPB v. Orion Processing, et al., Case No. 15-23070-

Civ-COOKE/TORR.ES," and send them either:

23



By overnight courier (not the U.S. Postal Service) to.Assistant Director for EnforcementConsumer Financial Protection BureauATTENTION: Office of Enforcement1625 Eye Street, N.W.Washington D.C. 20006; or

By first-class mail to the below address and contemporaneouslyby emailTO: ~{'.Ii~iil':'c'[11~'i71:~~~i~lllE~~l~lilrt"'r~~~'~~}~).,~~)t~;

Assistant Director for EnforcementConsumer Financial Protecrion BureauATTENTION: Office of Enforcement1700 G Street, N.W.Washington D.C. 20552

XIV.

COMPLIANCE MO1vITORING


83. To monitor Settling Defendants' compliance with this Order, within fourteen [14]

days of receipt of a written request from the Bureau, each Settling Defendant must

submit to the Bureau additional compliance reports or other requested information,

which must be sworn to under penalty of perjury; provide sworn testimony; or

produce documents, The Bureau is also authorized to obtain discovery, without

further leave of court, using any of the procedures prescribed by Federal Rules of

Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69.

84. For purposes of this Section, the Bureau may communicate directly with each

Settling Defendant, unless such Settling Defendant retains counsel related to these

communications.

85. Each Settling Defendant must permit Bureau representatives to interview any

employee or other person affiliated with such Defendant who has agreed to such an

interview. The person interviewed may have counsel present.

86. The Bureau is authorized by this Order to use all other lawful means, including

posing, through its representatives, as consumers, suppliers, or other individuals or

entities, to the Settling Defendants or any individual or entity affiliated with the

Settling Defendants, without the necessity of identification or prior notice. Nothing

24


Case 1:15-rv-23070-MGC Documerik 105 Entered on FLSD Docket 08/01(2016 Page 25 of 25

in this Order will limit the Bureau's lawfiil use of compulsory process, under 12

C,F.R. § 1080.6.

XV.

RETENTION OF JURISDICTION


87. The Court will retain jurisdiction of this matter for the purpose of enforcing this

Order.

XVI.

DEFENDANTS' COUNTERCLAIM FOR DECLARATORY NDGMENT


88. Defendants' Counterclaim for Declaratory Judgment is dismissed with prejudice.

XVII.

FINAL JUDGMENT AND ORDER

89. The Bureau and Settling Defendants have consented to the terms and conditions of

this Order as set forth above and have consented to the entry thereof.

2016.DONE and ORDERED in Chambers, in Miami, Florida, this ls` day of August

G~~~llt ,IA G. COOKS

United States District Judge

Copies furnished to:Edwin G. Torres, U. S. Magistrate JudgeCounsel of record

25


INSTR # 111665040, OR BK 49977 PG 1255, Page 1 of 4, Recorded 07/12/2013 at03:47 PM, Broward County Commission, Doc. D: $4480.00 Deputy Clerk 5025

F'rc{mred by;

Gua Fl. Ca~t~atf, P.L2817 E. Oakland Par1c Hhd„ Sulh 201-AFort Lauderdale; Florida 33396

Ffle Number. I3-PETRUCC[

General Warranty Deed

Mndc phis June 2013 AD: 9y Pctcr V, Pctruce;; ;Ir„ w marrkd map end Darbarn Prtnecef-~erher, a moirrlM womaq,.,stosrwtldrrst ~s: 731 North Pnlicy Suezt, Salem, h li Q;074 end 60ii1 Hryrra~! Cove, Ft. Wayx, Indiana ~GBp S, Itcrtinp~ier called the gr'anipr,m A1ulbxw i~C.0 a Dr(~rrarr 4Gm[le4 E~IabuikY CampeaY~ whose post nffce sdslress kn: 1t10 6auti~ Iiixrh Road ~23fi3~, FartLaudcr4sta~ F1ur}da 53316, ht~ioafle.+^called the g~arut~~

(Vdhmim'ar ued Fein the ~ertrt~ •pmilor' and •grmmea"lotlude VI the padm ~a ihl~ Ingnimen and the heir. level rcprcunuflva ~d euigns blfuidividid+, tad die wrceswrs and wiy~u Cfcapmpioml

Witneseefd~ that she giantw, Yvr and in consideration oPthQ sum oPS6A0,000.00, Six Hundred and Foriy Theusvid Doliera andO(I1CY YSI48ISIC C@1L4IfI1YfbC[OflSy JfSCE1~9i. WACIICOI.IS AClC~SX IQImOVVIC~~, heieby grrm~, brrgeins, sells, 6liena; remises, rekaea, conveysan8 eari~rnu tints !ha grariteo, eft drat etnafri land sicueie in $reward Cowlly, Florttla, viz

Unit No. 2303p of Jackson Tower Los Olas, a Condominiwn, according to The De~lazation ofCondominium recorded in O.R Baok 31332, Page 838, and all amendments tbereta, oftha PublicRecotd3 of Broward County, Florida

Parcel ID Number: 5042-12-C,f.0890

Said propnty Isnot the hcmes(ead oFthe OrentoKs) under the laws and wnsNtutian oP~ht State. of F.larida in ~c neither Grenfoi{s) a anymembers of lhe:household of GwNar{g) reside thereon

~'ogother witl~ all tha ueemena, heceditamFna end appurtenanoe~ tfierow belonging of in rnywisP appanetning.

To Have and to HOId, the umo in Pie simple fd~ver.

Aat~ the yrannm~ berth} covenants wi3tt slid gesntrr that tfie QraneoK i~ lawfutky sc}zbx! of mid lnnd ie~ frq simple; Ihnt the gmntmrhas goat! tight and lns~ful nuthuriry SD sell and Wnvey ~xt laud; that the gaantar hcteby fully kvaments the tiiio to aa(d laird an9 will de&nd'the snnec e~sinst the law(W rlA~ms of all pergnr~s ~.twmso~~+tY.nhd the said land Is fl?eC of ell ancumb'ranees except Wxos aeervingsubaequrnt;to December 31, 2012.

DEED Indiridwl lYlnwy DpA - I,fgYl'on F~aCIox~CM~w

,V


INSTR # 111665040, OR BK 49977 PG 1256, Page 2 of 4

~~~rea ey:

Gns H. Coma, P,L.2817 E. Ohklend Per1c BIvA.; Suiu 201-Afort Ceuderdnle, FWride 37306

File .Number. 13 •PETR(ICC[

In Wifnesa Whereof, we said graiiwr h~ sPgned end sealed these pre~enn the day and year Pvsl above wriuen,

Signed spaded nrrrl delJvered in our presence:

,~~~,~~ ~j ~is,:etyu. _. —'~~~~b~„ .+.~—~;—"--.m;,.r~---p~-- peony etru ,

dr.....

iVimrtss Prw d Faamu ~ I~ L~ F ~A . l ~~ t~ ~ nddraa: 131 NortA Poliq Str'eoti $stem, NN A3U

wig,. w;~.~a ~~,x,fl~~LL~L"Y(~l(Y—

Slate ofCounty bf ~ lh~

The fcreeoing inowmenl visa acknowledged iroe 11 ' ~ Q{ }um, 2013 b Peacr V. P c3, )r„ a mewled men ,who Ispersonally known to me or who had produced ~Q ~ is /~/ e .

My Comml~fuo

MYCOMMt3310ND(PIREB

JULY I1, 2p1)

DEED IndiviAuel Wxmnly Decd • Lepl rni FeaoCleaen' CTda



Preperod by:

Ous H: CereaC4 4.42817 &Oakland Park Blvd., Suite 201-APert Laudadele, Florida 33706

File Number, 13=P$7'RUCCf

To WltneAs Whereof, the geld gtanror has signed end sakd ~F~ese prcaenb the dayand year flrat above wriUen.

Slgrne~, s alcdand deNverrd (h osrr presence: ~

{r~~~~~L~-~ 11arb~raAe4raccf-Beeshar

wimrn M;n~ed Nome ~~ l ~ ~~~(~ ~~++~ 6QO f Heywood Cove, Ft Wayne, Indfena 46615

wrtnaea thimcd tbmc

State of ~` .'County of ~-~~

Tha [oregang 1nsCcwrK~rt was scf:nowledged be~suc e this dzy of Tune 7~QI , by fSarl?xrr Petrucci-[3~echer, e. ttle7ried wPman, whois perFaiially known to me or who has ~xmduccd - ~} - `t ~ tiPc n.

Nplrr9P.IN4 thint Hams: i {~/'-')

My Commlpl~n 1~plm; q~(y ___~_.._.LiSj! .f

~~

DEm lndvldud Wirmnry.Dad • Legd do FeaQas~a' CLola

MYCC'?AAMI9~$~pA!E7fPffl~B3UlY 1 T,;2pi7



CERTIFICATE OF APPROVAL, PURCHASEOF

JACKSON TOWER CONDQMINIUM ASSOCIATION, INC,

This is to certify that AK.~BAI~i L1,C have been approved by Jackson TvwerCondominium Associarion, Inc. as the purchasers of the following described property inBrowazd County, Florida.

Unit No, 2303 of ]ackson Towers Las Olas, a Condominium("Condominium"), according to the Declaration of Condominium thereof("Declaration"), recorded in Official Records Book 31332, at page 838, of the PublicRecords of Broward County, Florida, together with an undivided share in the commonelements appurtenant thereto, and any end all aznendments thereto.

Such approval has bin given pursuant to the provisions of the Declaration ofCondominium and said Condominium Associarion waves right of first approval.

Date: ~'~ ~ ~ °~JACKSON TOWER LAS OLAS CONDOMINIUMASSOCIATION, INC.

Name• ~~, t . /-~Title: •~f~ --

STATE OF FLORIDA )}SS:

COUNTY OF ~~~~~

I HHREBY CERTIFY that on this day, before me, an officer duly authorized inthe State aforesaid and in the County aforesaid to take ackne~wledgements, the faregoi~linstrument was acknowledged before me by w_E ~ ~-~ ~ ,theT~~-~ 6 u +' ~ ✓ of JACKSON TOWER LAS OLAS CONDOMINIUMASSOCIATION, INC., a Florida corporation, freely and voluntarily under authority dulyvested in him/her by said corporation. HeJshe is ~rsanally known to me or who hasproduced as idenrificadon.

WITNESS my hand and official seal in the County and State last aforesaid this3'- ~' day of fit-+►^ G , zi713.

h

pvloW~ ~" ~'n printed. or stamped name of Notary Public07►


CFN #-111080263, OR BK 99186 8, Page 1 0£ 2, Rocordad 10/24/2072 at12.16 PM, Broward County Commission, Doc. D $2310,00 Deputy Clerk ERECORD

~i:s Fa'>7L"rd b. n~ti[ r~-~udvn ics:Salnri~o ,1. likal:isAce :1-itle Services, lnc.307 S.F. 141:6 SlrectFort Luuder~s~Tc, FL 333YC;

Pxrcei IcientiRcatinn'N~~mbcr: Sl)4?R2-nrv2480FileNamb~r: KnahpFiau[~ 121.4.:

..._!5::._"""'—' _,: __—.____.__. ..~~Uaiti.;:\hove "Chisl~ine3~ur RcculrJi~~

~r~rranty ~'eecl~Cfie.y' ~~4 ;it'FaT2ty' ~~eied n~flde ibis -~ .r~' slay of LDciutzer, 2U12:beR+•een Phi1iQ~.J. Kna~P. si aingle.rr~sin, and IirnnetE~t3~yisbli~r., s~ .sia,lc man. ~vl~<„~ pusl t~itoce address is P.<.>. Foos 2.307, ForC l~audecd~ile, FL 33303', vxantor, uifd AksiAnn.LLC. n Delativare limited li:il~ili(y cu~~~p:uiV> ~~'.hu:;e post gfYlcc: Eiddiess is IOQ.I~Igrth FCdertl! [ilghway,. }F1215 EorYL«tuder~nle, FL333U1, grantee:

(~Yhertr vc l 1 ~ t tc~in },r i ~r i~d cr.~nice' ind ud:: nU the pwiie& lu.[Itis {:tsin4munl and U.lt hcicx l~r~il ix{ircSenWuvee, and a tii~izs ofu~dividunl;, .i i.i Jae si ~.~ ;>ckti.~nd a.~i_n,. ol~ ii} i r;u fnnn, troy is nml rry~~re>)

Witnes^:L'th. Unit. ~a~d ~r;n~Yor, for i3i~d in consideration oP the swn of'i'I3T: AND NU/LUO DQS~LAI25 ($(O.UO) 3nd`n~liergood and ti~aluablt considcratio~ts to veid ~rm~tor in h,~nd ~~afd by scud ~,rm[ce, 31~e recaipC whereaf:is hereby a~ele~n„~..ledgnd,h r; ~a~nit,J. huri,,cined, a+td sold 7u Uie sau{ gruniee, snd ~r:u~tec's Heirs and assigns fiirever, die:fiillowipa;.ties~nhed land;situate. lgiu~~ ;~z~i beinyin Jiro~oa~~il Coun[y. !'lo~idn ~n-~~~ie _.

llnit 1215 of TI-1F. W~VEt2LY A7' LA5 OLAS, A CL>NBOMIN[U117, accur<Itng [o [Ne lleclaratiun ofContlominiva~ thereof, recorded in ORicial ReMXds Houk 39066, 1'uge 1, of the Public 12:ecards ofRra~vard GouiiCy~ 1'1~aYidg, aid :env anzet~dmentF theretp, tc~g~ther vrith its unclivi4¢d. sf~a~~~ ita t~~ec[rmmon elemen#s.

SirbJeCt to the Ucclt~r:~tiort of Condnntiniunx, lases for '2Q 12 end subsequcni yrars~ and cnvenantsacondicfoirs, restrictions.. cascinex~ts, reservxliogs and li~niit~tioiis of recur~l, if any none.nf wti~ch erchereby reinipnsed.

L ogetfleT wif lz ill dzc tenement, her~clitaments and a~ipui yen uiu.;s [henc:to b~[nnsin~ nt in anvwisc appertoinina;

Tt~ H'sve ,lnl!' to k~uld, the same in fse simple fcii~ever.

Aietl din gi ~ntnr hereby cnvenanks with said grardee ~h;at ~I~c c•,~~ar~~or is feu•fully seized of said land in tie sia7ple. [hni Nie~,1'a11101' IIiL~:: gct0(I tf~Iil ilITCI ~81V fpI dULITp~'j [}~ IO 5C'II and convey said t.ind di:u die ~i•~ntor hereby R~IIy ~wrrarts the ofle to saidland and will deYcnd .lac SAl1lC agTzast the [aK~F~:I clz~ims of ,jll persdns ~vhomsi ever; :md that said Ic~i d is free oP al!uncmnlN•flnces, excepi t~srs accruin„a. subsequent fo l7ccembcr J 3, 2U] 1.

[n' ~~ViYne!,s l3 heri~aF, grantor h~:s heremiia set gi.sialot's hand and sealzl~e dny end yenr first ebuve ~i•rircen.

_..S~€~i:c:t_ -e:ilc~tl~ein+.t t~}f'le verecl.ia-x>>.~c prt'zc3icc`

'e - r~rr

.~ Ines `H.u..r~'.-

. ~ ,._~. _-6_ ..v, . __~.. .l ~'L~,i Ra ~~~i..~..., ^. ~r_ -, - _,, r

~ ~ 'i

s 4 ` fsr:~l)~ ~', S ~

~~'ii~iess Na~me~.~ ... r .. ~ - ., - ~ 3c r~ri~siF~ L~<uibLt~ rr ---.

S[nt~ OF Fl~yrid~County of Hro.,~a-d

The for~gping instiimient tivas acknixti^Iedged Uefore m~ this -' day uC Uc.~toher, 2012 by hl~ilip ]. linap~~ and Kennethk3xuthtzbe_ ~t~o [:J are ,personally known nr (X] have peoduced _, `-._--- __....,_ --=,-T_—.— driver's lieens~s asidnn[i Pication, --

;. ; _;-

(N~~t;~~v Sea! J ~ ~~ ~= =,i N,~[aq~ 1'ta1,3x. ~ - --ti ~ ;7. ,,_' _..

7-C s~= .~.~: ~-.-,~-. -.:-::•,.:mac. ['[inCCd..N ii~1r:

My Cwnmission Isxpires:

OoubEeTime+~


CFN # 1110@0263, OR BK 99186 PG 839, Page 2 of 2

The V~averly at Las Alas Ct~nd€~min~~.~r ~ ssacia#ion,: In+~.

CERTIFICATE ~F APPRt~UAL FOR SALE O~ UNIT.

Pursuant to the provisions of the Declaration Qf Covenants and Restrictions ofThe 1Naverly at Las Olas Condominium Association, Inc. the sale

BY ~~~' _~ ~ t t,~ r' 2 r s

~ ..~ .,sf` ~I'To: -r . f ~ z ~_~~...

~a :; ~ ~tsiE~~r.~r~ c~escrib~: < ~-:;t- ::_ r_ -~ ~=A.~ate ~ ~ E~~i~ig in ~~~1~~;~=~:~ ~. ~ .. r .:°:~da, to wig

f' E " ~ N. Federal Highway, Unitfort Lauderdale, Florida 33301

is h~ceby approved.

PLEASE SiJB1~IT A C{]PY OF T'HE FULLY EKECU7ED WARRANTY DE~~ AND SETTLEMENTSTAT~M~NT TOa MANaGEM~N7 OFFICE, 910 N. F~D~R;AL MWY, FT. LAUDERDAl.~, Fl,

333~'i.

In wifness whereof, the undersigned representative of i"he Waverly at Las Olas Condominium~~s~ociation, ine., has set hismec h4~nd'and seal on behalf ofi tt~e As~ocia~ian,this _ day of ~' •, ~ -~ - 20 ~`~

;t. ~~"}' u"2 ~' 'I -4r

.~`. ~` 6't <~~; ~ d ~ ~ z _..~~

~., —fit.,.. ~_Signature

r

/~ ~ F~ /~

~~... Printed t~arrr~ 1 Title

one sE~a~.~ o~ ~-H~ ~oa~Q o~ o~~Ec~~o~s

State of l=lorida

County of Broward

Before me the undersigned'authorities, persdnaily appeared on bei~alf of the Board o#Directors, TheWaverly ~i Las Olas Condominium Association, Inc., who executed the foregoing Certificate for theuses and purposes therein expressed.

WiT1~ESS my i~~r~d and official in the County. and Stan i~st'ar~resai~ this r:_ _=__ day of. r«'>r t 20

_....

~ h'v~r n ~k RJc~y J. Lt3r165 iz~• h' C~3Fnf ail ~t ~.`.i[~D.~6 r. ~ ,, r?z ~~ ~P: FaPtn+S:AUG. ~9 ?016 ~ ~ '~ ~ ~ E ~ `~~' ~ ~~~"~'~ q;:i'~ W4YW.~kRON~07~.RYX9Iq

_ s` -s_ ,~ ~e~" ~ a3'.~, _,~ .~.

'~ Notary Futsli~~Notary Seal `


~~


WF'G National Tine insurance Company

ALTA Commitment

Schedule A

Agent. File Number: 61897 Agent ID: No. 10165.01.01.31.FLCommitment Number: 61897 Effective Date: December 1,,2015 atA8:00:00 AM

Property Type: Residential

1; Policy or Policies to be issued: Policy Amount

X ALTA Owner's Policy 2006 (with Florida Modifications) $1.00Proposed Insured:

TBD

ALTA Loan Policy 2006 (with Florida Modifications)Proposed Insured:

Loan No.:

2. Fee Simple interest in the land described in this commitment -is owned, at the Commitment Date, By:

AKSIBAN, LLC, a Delaware Limited Liability Company

3. The land referred to in this Commitment is located in the County of Browazd, State of F14ridaand described as follows:

Unit No. 2303F, of JACKSON TOWER LAS OLAS, a Condominium, according to the Declarationof Condominium recorded in Oft"icial Records Book 31332, Page 838, and all amendments thereto,of the Public Records of Broward County, Florida, together with an undivided interest, in thecommon elements and all appurtenances thereto. appertaining and specified in said CondominiumDeclaration.

Issued Date: December 8, 2015

CAPE CORAL TI'T'LE INSURANCE AGENCY, ANC, as issuing agent forWFGNational Title Insurance Company

By: mice L?ur~r~ieAuthorized Signatory


WFG National Title Insurance Company

Agent File Number; 61897Commitment Numbers 61897Agent ID. No. 10165.01.01.31:FL

ALTA Commitment

Schedule B-I

Part I: The following are requirements to be complied with:

1., Payment to, or for the account of the grantors and/or mortgagors of the full consideration for the estate orinterest to be insured.

2. Payment of all taxes and/or assessments, levied: and assessed against subject property, which are due andpayable.

3. Instruments) creating, the estate or interest.. to be insured must be approved, executed and duly fled forrecord, to wit;

a. Warranty Deed from AKSISAN, LLC, a Delaware Limited Liability Company to TBD.

b. Limited Liability Company Affidavit by AKSiBAN, LLC, a Delaware Limited Liability Company, tobe executed; by aII Managers or Members of company. Insurer herein reserves. the right to add'additional requirements as deemed necessary.

c. Production and Review of the Articles of Organization and Operating Agreement for AKSIBAN, LLC.

d. Notice of Termination of that: certain Notice of Commencement as recorded. on 9/29/2015,. inInstrument No. 113255123, together with'the Contractor's Final Affidavit, or a letter of Indemnityacceptable to the company executed by a duly authorized officer of the Association, setting forth thefacts; sufTicieet to establish. that (} adequate allocated reserves exist for the payment in full of theimprovements identified in the Notice of Commencement recorded in Instrument Na.113255123.

e. Satisfactory proof, acceptable to the company, must be furnished showing the following corporation,company or limited partnership, to be existing and in good standing under the laws. of the State ofincorporation: AKSIBAN, LLC, aDelaware Limited Liability Company.

4. Payment of 2015 Real Estate; Taaes.

5. Written consent from the Association Board of Directors, approving the sale of the captioned property

to the insured, must be obtained.

6. Payment of alt Condo Association, dues, maintenance and assessments.

7. Written evidence, from appropriate governmental authorities, That Special Taxing District, City and

County Special Assessment Liens, MSBU Assessment Liens, Impact Fees, and Water, Sewer. and 'Trash

Removal Charges, if any, have been paid.

S. Obtain a sworn affidavitby the current owner(s), certifying that there. are no liens against the insured

land other than as disclosed by this commitment; that there are no outstanding or pending clauns against:

the affiant that may constitute the basis for a lien against the insured land; that other than as disclosed bythis commitment there are no matters which constitute defects in af£iants' title to the insured land; and thaf

there are no matters existing at this date which would adversely affect the ability of the affiant to convey

and/or mortgage the insured land.


WFG National Title insurance Company

ALTA Commitment.Agent File Number: 61897Commitment Number: 61897Agent ID. No. 10165.01.01.31.FL

9. The names) of the proposed insured, under the policy must be furnished and this commitment issubject to such further exceptions and/or requirements as may then be deemed necessary..

10. When the company is provided the amount of the fuII insurable value of the land and the Company hasagreed to that value, Schedule A will be amended accordingly.

NOTE: No' open mortgages) were found of record for the current owner. Title Agent must confirm with the.owner that the property is free and clear.

NOTES FOR INFORMATION PURPOSES ONLYt(a) 2015 real property taxes show Unpaid.: Amount Paid was $0.00 and gross tax amount is $12,872.66

for Taa Identification No.5042 12 CJ' 0890.(b) The recording information of vesting instruments affecting title of said Lands}.recorded within 24'

months of the effective date of this report is/are as follows; None..

NOTE: Company reserves the right to make further requirements upon review of above requirements.


W~"G National Title Insurance Company

Agent File Number: 61897

Commitment Number: 61897Agent, ID. No. 10165.01.01.31.FL

ALTA Commitment

Schedule B-II

Part Il. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless thesame are disposed of to the satisfaction of the: Company:

1, Defects, liens, encumbrances, adverse claims or other matters, if`any, created, first appearing in the publicrecords or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquiresfor value of record the estate or interest or mortgage thereon covered by this, Commitrnent,

2. Rights or Claims of parties in possession not shown by the: public records.

3. Easements, liens. or encumbrances, or claims thereof, notshown by the public records.

4. Encroachments, overlaps, boundary line-disputes, and any other matters which would be disclosed by anaccurate survey and' inspection of the premises.

5; Any lien, 4r right to a lien, for services, labor,. or ma.teria heretofore or hereafter furnished, imposed by lawand not shown by the public records.

6, Any claim that any portion of the insured land is sovereign, lands of the State of Florida,. includingsubmerged, filled or artificially exposed lands accreted to such land.

7: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that leviestaxes or assessments on real property or by the public records.

Special Exceptions:

Ta.~ces for the year 201b and subsequent years which are not yet due and payable: PazceUStrap No. 5042 12CJ 0890, 2015 Taxes are UNPAID in the amount of $12,486.48.

9 Any adverse ownership claim by the state of Florida by right of sovereignty to any portion of the landsinsured '.hereunder, including submerged,. filled and artificially exposed lands and lands accreted to suchlands.

10. Any minerals or mineral rights leased, wanted or retained by current. or prior, owners.

11. Restrictions, covenants, conditions, easements and other matters as contained' on the Plat of Lauder Del Mar,recorded in Flat Book 7, Page 30, of the Public Records of Broward County,. Florida..

12. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Las Olas By theSea, recorded in Plat'$ook 1, Page 16, of the Public Records of Broward County, Florida.

13. Terms, provisions, covenants, conditions; restrictions, assessments, easements, :options,. liens, and othermatters established by the Declararion of Condominium described in Schedule A herein, and recorded in

Official Records Book 31332, Page 83:8, as amended in Official Records Book 31713, Page 1653; OfficialRecords Baok' 41057, Page 1005; Official. Records Book 42217, Page 1374; Corrective Amendment recorded


WFG National ~`itle Insurance Company

ALTA CommitmentAgent File Number: 61897Commitment Number: 61847Agent ID. No. 10165.01.01.31.FL

in Official Records Book 46638, Page 1877 and in Official Records Book 4329Q Page 263, as may be furtheramended.

14 Any loss or damage resulting from a lien or assessment in favor of any Homeowners Association arising,under Section 720.3085, Florida Statutes, and/ar a Condominium Association arising under Section 718. ~ 16,Florida Statutes, occumng after the Date of Policy, notwithstanding any assurances to the contrary in anyALTA 51 PUD Endorsement or Florida Form 9 Endorsement that may be attached to this Policy.

15. Easements in favor of City of Fort Lauderdale recorded in Official Records Book 33917, Page 179'5; OfficialRecords Book 33917, Page 1798 and Official Records Book 33917, Page 1801.

16. Broward County Board of County Commissioners Ordinance No. 2002-61 recorded in Official Records Book34145, Page 1891.

17. City of Fort Lauderdale Resolution No. 19$9-91 recorded in O€ficial'Records Book 3:8544, Page 1749.

18. City of Fort Lauderdale Resolution No. 198991 recorded in Official Records Book 38544, Page 1751..

19, Ordinance as recorded July 31, 1998, in Official Records Baok 16638, Page 767, of the Public Records ofBroward County, Florida.

20. Easement recorded April 22, 1994, in Official Records Baok 22040,. Page 441„ of the Public Records ofBroward County, Florida.

NOTES FOR INFORMATION PURPOSES ONLY:(a) Items 2 and S of Schedule B-II of this Commitment will be deleted from any policies issued pursuantthereto, upon the Company's' review and acceptance of an Affidavit of Possession and No Liens, and theCompany's review of the potential exposure of construction liens. The Company reserves the right to excludefrom coverage matters disclosed by the Affidavit or discovered in the Company's review of the potentialexposure far construction liens and to make such additional requirements as it may deem necessary.(b) Items 3 and 4 of Schedule B-Il of this Commitment will be deleted from any policies :issued pursuantthereto, upon being provided a survey meeting the company's requirements. If' such' survey reveals anyencroachments, overlaps, boundary line issues or other adverse matters, they will appear as exceptions in anypolicies to be issued based upon this commitment.(c) All of the recording information contained herein refers to the Public Records of Broward County,Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the OfficialRecord Books of said county, unless indicated to the contrary.(d) As to all restrictions set forth above, the following is added: "but ouutting any covenant or restrictionbased on race, color,,religion, sex,. handicap, familial status or national origin, unless and only to the extentthat said covenants(s)s (a) is/are exempt under Chapter 42, Section 3607 of the United State Code; or (b)relates to a handicap, but does not discriminate against handicapped persons.(e) A search commencing with the effective date'hereof will be performed prior to closing this transaction.If this search reveals an objection ox title defect, an endorsement will be issued requiring that said objectionor defect be cleared before closing. Item 1 of Schedule B-II (GAP Exception) will be deleted pursuant to Sec.627.7841, F.S

.,

(fl If applicable, Standard ALTA 8.1-06, 4.1-06, 5.1-06, Florida Form 9-06 Endorsements, or any otherFlorida. approved endorsement that may apply will be attached to and made a part of the final: loan policy.(g) In accordance with Florda'Statutes Section 627.4131, please be advised that the insured hereunder may


WAG National Title Insurance Company

ALTA CommitmentAgent File Numbers 61897Commitment Number:'61897Agent ID. Na 10i65.01.01.31.FL

present inquiries, obtain information about coverage, or receive assistance in resolving complaints,. bycontacting WFG National Title Insurance Company, 340 Oswego Pointe Drive, Lake Oswego, OR 97834Telephone number (800-334-8885)



ALTA Commitment

Schedule A

Agent-File Number: 61'898 Agent ID. No. 10165.01.01.31.FLCommitment Number: 61898 Effective Date: December 1, 2015 at'08:00:00 AM'

Properh' TyPe: Residential

1,: Policy or Policies to be issued: Policy Amount

X ALTA Owner's Policy 2006 (with Florida Modifications) $L00Proposed Insured:

TBD

ALTA Loan Policy 2006 (with Florida Modifications)Proposed''Insured:

Losn No.:

2. Fee Si~s-iple interest in the land described is this commitment is owned, at the Commitment Date, By:

AKSIBAN, LLC, a Delaware Limited Liability Company

3, The land referred to in this Cotnmihnent is located in the County of Broward, State of Florida "'and described as follows:

Unit; 1215, of THE WAVERLY AT LAS OLAS, A CONDOMINIUM, according. to theDeclaration of Condominium thereof, as recorded in Official Records Book 39066, Page 1, and allamendments thereto, of the Public Records of Broward County, Florida. Together with anundivided interest in the common elements of said condominium.

Issued Date: December 4, 2015

CAPE CORAI~ TTTLE INSURANCE AGENCY, INC. as issuing. agent for


By: ~aice LieAuthorized Signatory



Agent File Number: 61898.Commitment Number: 61898'Agent YD. Na,10165.01.0~.31.FL

ALTA Commitment

'Schedule B-I

Part I. The following are requirements to be complied' with:

1. Payment to, or for the account of the grantors and/or mortgagors of the full consideration for the estate orinterest to be insured.:

2. Payment of all taxes and/or assessments, levied aad' assessed against subject property, which aze due andpayable.

3. Instruments) creating the estate or interest to be insured must be approved, executed and duly filed forrecord, to wit:

a. Warranty Deed from AKSIBAN, LLC, a Delaware Limited Liability Company to TBD.

b. Limited Liability Company': Affidavit by AKSIBAN, LLC, a Delaware Limited Liability Company,, tobe executed by all Managers or Members of company. Insurer herein reserves the right to addadditional requirements as deemed'necessary.

c. Production and Review of the Articles nf,Organization and Operating Agreementfor AKSIBAN, LLC.

d. Satisfactory proof, acceptable to the company, must be furnished showing the following corporation,company or limited partnership,., to be eacisting and in good standing,. under the laws of the Mate of

incorporation: AKSIBAN, LLC, a Delaware Limited Liability Company..

4. Payment of 2015 Real Estate Taxes.

5. Written consent from the Association Board of Directors, approving the :sale of the captioned property

to the insured, must be obtained.

6. Payment of all Condo Association,dues, maintenance and assessments.

7. Written evidence, from appropriate governmental authorities, that Special Taaung District, City andCounty Special Assessment Liens, MSBU Assessment Liens, Impact Fees, and Water, Sewer' and Trash:

Removal Charges, if any, have been paid'.

8. Obtain a sworn affidavit by the current owners) certifying that there are no liens against the insured

land other than as disclosed by this commitment; that there are no outstanding or pending claims against

the affiant that may constitute the basis for a lieu against the insured land; that other than as disclosed by

this commitment there are no matters which constitute defects in affiants' title to the insured land; and that

there are no matters existing at this date which would adversely affect the ability of the affiant to convey

and/or mortgage the insured land.

9. The names) of the proposed insured under the policy must be furnished and this commitment is

subject to such further exceptions and/or requirements as may then be deemed necessary.

10. When the company is provided the amount of the full insurable value oI the land and the Company has

agreed to tfiat value, Schedule A will be amended accordingly.



ALTA CommitmentAgent File Numbers 61898Commitment Number: 61898.Agent ID. No. 10165.01.01.31.FL

NOTE: No open mortgages) were found of record for the current owner. Title Agent must confirm with theowner that the property is free and clear.

NOTES FOR INFQRMATION PURPQSES ONLYs(a) 2015 real property tames show Unpaid. Amount Paid' was $0.00 and gross tam amount is $5,554.39

for'Tax Identification No. SQ42' 02 AR 2480.(b) The recording information: of vesting instruments affecting title of said Lands) recorded' within 24

:months of the effective date of this report is/are as follows: None.

NOTE: Company reserves the right to make further requirements upon review of above requirements.


WFG National "title Insurance Company

ALTA Commitment`AgenYFile Number: 61898

Commitment Number: 61898

Agent ID. No. 10165A1.01.31.FL

Schedule B-II'

Part II. Schedule B of the policy or policies to be issued will contain exceptions, to the fallowing matters unless the

same are disposed of to the satisfaction of the Company:

1< Defects, liens, encumbrances, adverse claims or other marters, if any, created, first appearing in-:the. public

records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires

for value of record the estate,or interest or mortgage thereon covered by this Commitment,

2. Rights or claims of patties in possession not shownby the publcsecords:

Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an

accurate survey and inspection of the premises.

5: Any lien, ar right to a; lien, for services, labor, or material heretofore ar hereafter furnished, imposed by law

and not shown by the public records.

6. Any claim that any portion of the insured land is sovereign lands of the State of Florida., including

submerged, filled or artificially exposed lands accreted to such land.

7. Taxes or assessments which are not shown as e~sting liens by the records of any taxing authority that levies

taxes or assessments on real property or by the public records.

Special Exceptions`.

8. Taaces for the year 2016 and subsequent years which are not yet due and payable, ?ParceUStrap No. 5042 02

AR 2480, 2015 Taxes are UNPAID in the amount of $5,387.76..:

9: Any. adverse ownership claim by the state of Ftorida by right of sovereignty to any portion of the lands

insured hereunder, including submerged, filled and artificially exposed lands and lands: accreted to such.

lands.

10. Any minerals or mineral rights leased, granted or retained by current or prior owners.

1 L Terms,: covenants, conditions, easements, restrictions, reservations and other provisions, including provisions

which provide for a private charge or assessment,: and also provide for an option to purchase, a right of first

refusal, or the: prior approval of a future purchaser or occupant, according to that certain Declaration of

Condominium recorded in Official Records Book 39066, Page 1, as may be subsequently amended.

12. Any loss or damage resulting from a lien or assessment in favor of any Homeowners Association arising

under Section 72Q:3085, Florida Statutes, and/ar a Condominium Association arising under Section 718.116,

Florida Statutes, occurring after the: Date of Policy, notwithstanding any assurances. to the contrary in any

ALTA 51 PUD Endorsement or Florida Form 9 Endorsement that maybe attached to this Policy.


W~'G National Title Insurance Company

ALTA Commitment`Agent File Number: 61898

Commitment Number: 61898Agent ID. No. 10165.01.01.31.FL

13. Restrictions, covenants, conditions, easements and tither matters as ,contained on the Plat of Davis Additionto Fort Lauderdale, recorded in Plat Book 3, Page 28.

14. Restrictions, covenants, conditions contained in Vaarranty Deed as set forth in that instrument recorded' inOfficial Records Book 34242., Page $49, as may be subsequently amended..

15. Easements) as set forth in instruments) recorded in Official Records Book 37008, Page 624.

16. Easements) as set forth in i~vstrument(s) recorded in Official RecordsBook 38081, Page 825.

17. Easements to the State of Florida Department of Transportation recorded in Official Records Book 3242,Pages 863 and 870.

18. Easements) as set forth in instruments) recorded in'Offic al Records Book35320, Page 76,

19. Parking Agreement recorded in Official Records Book 21252, Page 32.

20. Ordinance recorded in Official Records Book 24425, Page; 72.

21. Agreement recorded in Official Records Book 37092, Page 241.

22. Agreementrecorded,n Official'Records Book 37092, Page 71.

23_ Ordinance recorded in Official Records Book 31934, Page 1395.

24. Right of Way recorded in Official Records Book 2419, Page 713.

NOTES FOR INFORMATION PURPOSES ONLY:(a) Items 2 and 5 of Schedule B-II of this Commitment will be deleted from any policies issued pursuant

thereto, upon the Company's review and acceptance of an Affidavit of Possession and No Liens, and theCompany's review of the potential exposure of construction liens.. The Company reserves the right to excludefrom coverage matters disclosed by the Affidavit or discovered in the Company's review. of the potential

exposure for construction liens and to make such additional requirements as it may deem necessary.

(b) .Items 3 and 4 of Schedule B-II of this Commitment will be deleted from any policies issued pursuant

thereto, upon being provided a survey meeting, the company's requirements. If such survey reveals anyencroachments, overlaps, boundary line issues or' other adverse matters, they will appear as exceptions in anypolicies to be issued based upon this commitment.(c) All of the recording 'information contained herein refers to the public Records of'Broward County,

Florida., unless otherwise indicated. Any reference herein to a Book and Yage is a reference to the OfficialRecord Books of said county, unless indicated to the contrary,(d) As to all'restrictons set forth above,: the following is added: "but onnitting any covenant or res#riction

based on race, color, religion, sex, handicap, familial status or national origin, unless and only to :the extenf

that said covenants(s): (a) is/are exempt under Chapter 42 Section 3607 of the United State Code; or (b)relates to a handicap, but does not. discrirnnate against handicapped persons.(e) A search commencing with the effective date hereof will be performed prior to closing this transaction.

If this .search reveals an objection or ritle defect, an endorsement will be issued requiring that said objection

or defect be cleazed before closing. Itcm 1 of8chedule B-II (GAP Exception) will be deleted pursuant to Sec.



ALTA CommitmentAgent File Number: 61898Commitment Number: 61898Agent ID. Na. 10165.01.01.31.FL

627.7841,`F.S.(~ If applicable, Standaxd ALTA„8.1-06,,4.1-06 5.1-06, Florida Form 9-06 Endorsements, or any otherFlorida approved endorsement that may apply will be attached to and made a part of the final loan policy.(g) In accordance. with Florida Statutes Section 627.4131, please be advised that the insured hereunder maypresent inquiries, obtain information about coverage, or receive assistance in resolving complaints, bycontacting WFG National Title Insurance. Company, 340 Oswego Pointe Drive, Lake '.Oswego, OR 97834Telephone number (800-334-8885)


H

Pege 4 0[ 6Stetamant Period

WLD PRICE GLOBAL, IIVC 10/DiJ12 through l0/91~12Hl EPA EA BOEnclwures 0Account Nmnbac -95b9

w,th~~~as ~,a Deb, - c~t~neaOther Debits

ate _ a

Pasted .(~maunt {~) Description E~ferenze

10/04 13,350.00 Wire aBooi~ Qut Date~lOQ! 'I~me:1444 Et 535''h~ Rol 96dBnf.Bradley J Haskins ID 595

10/04 25.00 Wire 'I~ranefgr. Fee10/04 25.OQ Wire 'I~anefer Fee 40010/05 1U.00 Online Business Suite birect Pmt Services 211OJ09 '.17,885.01 Wire ;Fx Out Dete:11010 'T'ime:1217 Et 2?

'1~ 2'~ Fz:GBP 10726.00 1.6676Bn~ ~e pI.ettin C1i ID, 7 En#' Bk;~ou~~I7]~42 Pr,mt e&50 /F~cref/

10/09 b1,00Q.00► Transfer Wld Price Global, IN:Hrad Haskins 989Gon$rmation#~fi 9fi

10/09 35.W Wire 'l~anefer F~ ~2?folio ~o.00 ,~~ +mss e - Nezt Day - io~os/~oia ea9

Confirmation~42210/11 33J W' W' ut Datt~L011 e:D814 Et ~06

'h~ 06 fie e Ref~li82Brt~A Title Services ID 93 Bnf BkCnlbanK Iz~~~ ii2 w~e~y

10/11 25.90 Wire anaf'er Fec9806Card:Account ~ 4L96'7446 OOb7 7280:ld/Ol 26.24 The Fresh Mark 09/29 64 Purchase 26410101 6.98 Winn-Dine ~ 09/29 98 Purchase 398io/oa 28.ss The Fresh Mark 10/os z pur~l~e 210/05 22.71 The Flesh Mark 10/05 141 Purc~eee 14110/09 29.02 The Flesh Mark 10/06 4880 Purchase 48010/10 39.71 The Fresh Mark 10/10 2 Purchase 38210/15 321.92 40~OQd40600743 1W14 #9753 Withdrwl 5310/15 6.00,. 64a0W0()000793 10/14 ~~753 Withdrwl 5310/15 3.22 OOQ4000009~?43 10/14 #9'753 Withdrwl -~ 53

International 'I1~ansaction FeeSubtotal 483.18

Daily Ledger Balances

Date Balance ( Date a ance Date B ante

1U/Q1 1,41,117.38 10/12..... l.tf36.782.57 10/7.~ 1,lOb,S52.4310/62 1,434,337.8 10/15. 1,039,192.43 10/25 X,lig292.4310/43 1,438,75$,42 10/lfi i,O6b,292.93 10/26 1,120,792.43lU/04 1,40,859,02 1011? 1,068,432.43 10/29 1,123,812.43]6145 1,~4Q4,668.31 10/18 1,U75,41Z.43 10/30 1,136, 612.4310!03 1,39'x,057.28 10119 1,Q80,892.43 10/31 1,195,472.43zorlo 1,356,3:7.57 io/22 1,083,072.AaYO/11 1,034,102;57 10[23 1,162,252.43


1 OF 1 RECORDS)

100 N FEDERAL HWY APT 1215oR2 LaU~sxnrs.e, Fi; 33301-ii90

Tzanaactien.9iatory

Sale Date Huyer Seller Sale Price Loan Amouat Lender Aecoxding SourceDate

10/29/2012 LI.G, AKS- BAIIBLIT2, $330, OOO.QO 1C/29/2012 HIBAN KENt7ETH

KN? PP,PHILIP J

05/10/2012 LAS, OLAS WELDObt, $17,SOO.OD 6E(29/2012 ELAS, OLAS CASSANDEP.

WELDON,ERC

O5f10/2012 BAUBLIT2„ I.AS, OLAS $172,500.00 66/25/2012 9KENNETH I,A.S, OLASKNAPP~PAI LIP J

09f 16i20Q5 WELDON, IAS OLkS, $62,300.00 $439,~15.~Q PEOFLES C6/02/2005 BCA.SANDRP WAVERLY CHOICE HC~WELGOIJ, I,AS OLAS, LCAtd IYCERIC WAVERLY

AdAitional Information.

WARNING: 9 deed transfers yin-the lest 127 months

[vARN NG: Current reei.dent noes rnt astch owner as or 1..11 days ago

Proporty Intozmation

Address: 100 N FECERAI. AYi:' AP Stories'T 1215EOAT LA:IiER-CPS.E, FL 333~i-1190

APN: `0-92-Q2-AR-2980 ~ Number of Sed=cor5: ..

Ait Parcel Namber: 9aths:

Legal GeScripkion: ftiRY::~tLY AT f25 OLAS Style:CONDu UNIT 1215

Subdivision Name: +iAVEALY @ LAS Oi.A; Year 3uilt: 205CONDC

Land;; Jse CONDOMTNI':R] Square Pootzge:

LancValce r: Lot Ssze:

Improve;n~pt value: Cond tion:.

Total: Value.:; Fireplace:.

Assessed '~aS~e: $145,730.00 Pool

Market Land'Value: $19 ,.570.Q0 Aix Con3itionin9'3

Market im,p rovement $131,160.00. Heating:'

Value:

Total M=rkef Value: 5195,730.00. Fuel:

Tax Aero~.;r.t: $2,296..99. Sewer:

Tax Ye2c: 2010 Water:

Elec~r:c-:

Frame:

Roo`:

Your DPPA Permissible Use is: Debt Recovery/FraudYour GLSA Permissible Use is: I have no permissible use

This service is £or idertity verification pu.poses only, as required by the USA Patrict &ct of 2CC1, and is not intende3 to be a


"Consucrer repai`_" a9 defined in the Fait Credit`Rzporti~g Act., 15 USr §;F6R1 et seq. ("FCitA"~. ?be scores and ether in£oroat on

provided with this service gay not he used as a factor in estab~ishing a. consumer's eligihility for credit, insurance,

emplcyment or any other purposes idertified under the FCRA. Fuitherniora, the info*matioa provided may not be used to take

"adverse action^, as defined in Che FCPA, with respe r_t to any conswne r. Fait hes LexisHexisg nor this service may be identified

n any declination coummnication with a consumer as Having provided inE~rneuon upon which such declination was based in whole

or Yn part.

CapyrightOO 2015 LexisNexis, a division of Reed Elsevier Inc. All righfs reserved.


H

WLD PRICE (}LOBAI.~ INC

nepos~ta .na chea is - conei,.nea

Page 4sof 8Sti~nt`Period05/01/19 through 06191/19FD EPA EA BOEnelaure. 0Account N~unbar _3559

ateposted ,Amount S$) Deecrintian Reference

06/31 98,480.00 G~cs 191 Dee:Diabursrunt 1D971 230Inds: itce Glalsal Irrc Co ~D X15 cdPmt Inf'o:~723 Memo=f~

Withdrawals and DebitsC6ecke

Number Amount (S) Pseeted Reference Number Amount ($1 Posted Reference

5152 693.60 OS/01 95 5163' 1,785.55 05/f3& 25153 1,860.00 Q~fA6' 989 5166* 1,806.77 05/14 5b159• 76.96 05103 022 61fi8* 1,691.00: 05/20 7~~'J5161• 62.00 05j03 23

• 6ay in wqu~utial cL.cic numDan.

Otter Debits

ate ~Foaled Amout►t (~? Description 13eference

06/02. 22,000.00 Wire e:Book Out Date:~502 '~me~522 Et 376`f~a~7f> R,9la d Ref 924Brig ra ~e~~y~ askins II). 9b

05/02 42,500.00 `I4~anefer Wld Price Global, re HaskinsConSrmation~

05/02 25.00 Wire 'l~ansfer ee05/03 10.00 External transfer fee -Next Day - Ob/02/2013

ConSru►ation:~ 75205/O7 10.00 Online Buffinese-9"uite Direct Pmt 5ervicee06/22 40,000.U(1 Wi Out Date:~►522 me:0515 Et "'

~' — 'I~n 7 Service Ref:~.734Bnf: e erica II}:~d209 I3nf Bk:BiscayaeBank78~Pmt~~T}e~:~7$88

b6/22 26.00.. Wire 'I~ranefer Fee05/29 600 0€10' Wire e:Wire Out Date~li29 't5me:1~04'Et

7~n:~Q1.51 Service Ref:~713Bn~'i`i f ,America ID:~L209 Bnf Bk:BiacayneBank ? n~i l~e~~~322

05/29 7,500.00 'I4~ana£er lobal, IN:Law Offices of LisaConBrmstio~ 194

05/29 25.00 Wire 'I~anefer ee05/30 16,000.00 P"aypal Dea:Traaafee~ ID:4'PSj274C.heu6L

Indn:Wld Price Global Co ID:Paypalud22 Web06/30 10.00 Paternal traru~- Next Day - 05/29/2013

Cokion: 2Card Account # 9136 7~4{S 0067 7ZBO:05/09 203.00 - Pnc Bank 05/09 ' Withdrwl05!09 2.00. Pnc Bank 06/09 06 Wit.~►drwl05/10 27.82 Winn-Dude ~ 05/10 380 Purchase05/18 7.83 Wine-Dixie ~ 05/11 945 Purchase05/1S 5.47 Winn-Di~ae ~ bb/12 96 Purcbese05/20 23.06 Winn-Dude ~ 05/19 282 Purchase

332

6280

7

761

~~

~~79


Case 1:16-cv-20122-FAM Document 25 Entered on FLSD Docket ...

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Transcript of Case 1:16-cv-20122-FAM Document 25 Entered on FLSD Docket ...