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Securities and Exchange Commission v. Vassallo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO


March 23, 2010

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF
v.
ANTHONY VASSALLO, ET AL, DEFENDANTS.

Judge Lawrence K. Karlton

ORDER DIRECTING CITIBANK TO PRODUCE DOCUMENTS AND INFORMATION CONCERNING WIRE TRANSFER FROM MATTHEW TUCKER TO HPHC, INC.

On April 30, 2009, this Court filed the Order Appointing Temporary Receiver for Equity Investment Management and Trading, Inc. ("EIMT") and Order to Show Cause for Appointment of Permanent Receiver ("OAR") and on July 31, 2009, the Court filed an Order permanently appointing Receiver. Pursuant to the OAR, for good cause shown, and in order to empower and authorize the Receiver to carry out his duties and obligations,

THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS:

On December 31, 2008, $1,875,000 of EIMT investor funds were transferred to Matthew Tucker, in connection with the purported purchase of a "Collateralized Mortgage Obligation."

This Court previously issued an order authorizing Bank of America to assist Receiver in tracing the EIMT investor funds transferred to Matthew Tucker by providing information and 28 documentation (Doc. No. 96), which remains in full force and effect.

Receiver's investigation revealed the following: On or about January 5, 2009, $400,000.00 was transferred from Matthew Tucker's Bank of America account to a Citibank account held in the name of HPHC, Inc. To further assist Receiver's investigation in tracing the EIMT funds transferred to Matthew Tucker, the Court directs Citibank to provide information and documentation concerning the January 5, 2009 wire from Matthew Tucker to HPHC, Inc. for $400,000.00, including but not limited to statements and other documentation reflecting receipts by and disbursements from such accounts related to that transfer, account numbers, account holder identification and details of any related transactions.

Citibank is further directed to cooperate fully with Receiver in Receiver's activities, investigation and inquiries on behalf of this Court.

IT IS SO ORDERED.

20100323

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