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Securities and Exchange Commission v. Iannelli

United States District Court, C.D. California, Western Division

September 9, 2019

SECURITIES AND EXCHANGE Plaintiff,
v.
RALPH T. IANNELLI and ESSEX Defendants.

          ORDER REGARDING PERMANENT INJUNCTION

          Fernando M. Olguin, Judge

         WHEREFORE, the Court having and retaining jurisdiction over Defendants Ralph T. Iannelh and Essex Capital Corporation ("Essex") and the subject matter hereof; the Court having entered a December 21, 2018 Order Regarding Preliminary Injunction and Appointment of a Permanent Receiver appointing Geoff Winkler (as the permanent receiver for Essex and all of its subsidiaries and affiliates [Dkt. No. 66]); Defendant Iannelli having consent to the Court's entry of a June 5, 2019 final judgment against him [Dkt. No. 93]; and Essex since having consented to the entry of judgment against it; and Plaintiff Securities and Exchange Commission ("SEC") having submitted a proposed final judgment to the Court, the Court hereby ORDERS as follows:

         I.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, exeept as otherwise ordered by this Court, until such time as this Court terminates the receivership established in this action and discharges the Receiver, Defendants Iannelli and Essex, and their officers, agents, servants, employees, attorneys, subsidiaries and affiliate, and those persons in active concert with them, who receive actual notice of this Order, by personal service or otherwise, and each of them, shall remain permanently restrained and enjoined from:

A. directly or indirectly, transferring, assigning, selling, hypothecating, changing, wasting, dissipating, converting, concealing, encumbering, or otherwise disposing of, in any manner, any funds, assets, securities, claims or other real or personal property, including any notes or deeds of trust or other interest in real property, wherever located, of any one of the Defendants or their subsidiaries or affiliates, owned by, controlled by, managed by or in the possession or custody of any of them on or before December 21, 2018; or
B. from transferring, encumbering dissipating, incurring charges or cash advances on any debit or credit card of the credit arrangement of Defendant Essex, or its subsidiaries and affiliates.

         II.

         IT IS FURTHER ORDERED that Paragraph I and III shall not apply to the following transactions:

A. any compensation or funds received by Defendant Iannelli after November 30, 2018, so long as it is in no way related to Essex and its subsidiaries and affiliates, or Defendant Iannelli's association or prior control of Essex and its subsidiaries and affiliates;
B. social security payments to Defendant Iannelli; and C. any deposits, withdrawals, or payments from the following accounts at Monteeito Bank & Trust ("MBT") and Merrill Lynch ("ML"):
i. Ralph T. Iannelli and Melissa R. Iannelli, MBT Aeet. No.xxxxx3331;
ii. Ralph Iannelli Jr. Family Irrevocable Trust, MBT Aeet. No.xxxxx8912;
iii. Ralph Iannelli Family Irrevocable Trust, MBT Acct. No. xxxxx8920;
iv. Iannelli Family Irrevocable Trust, MBT Aeet. No. xxxxx8939;
v. Melissa R. Iannelli, ML Aeet. No. xxxx4225; or
vi. Melissa R. Iannelli, ML Acct. No. ...

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