United States Securities and Exchange Commission v. Qin et al
Plaintiff: Securities & Exchange Commission and United States Securities and Exchange Commission
Defendant: Montgomery Technologies LLC, Virgil Technologies LLC, Stefan Qin, VQR Partners LLC, Virgil Capital LLC and Virgil Quantitative Research, LCC
Receiver: Robert A Musiala, Jr.
Case Number: 1:2020cv10849
Filed: December 22, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 77 Securities Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2023 Opinion or Order Filing 195 ORDER: It is hereby ORDERED that the Seventh Fee Application is GRANTED. The Receiver is authorized to make payments for the total amounts requested in the application. "A receiver appointed by a court who reasonably and diligently discharges his duties is entitled to be fairly compensated for services rendered and expenses incurred. SEC v. Amerindo Inv. Advisors Inc., No. 5 Civ. 5231, 2019 WL 3526590, at *4 (S.D.N.Y. Aug. 2, 2019) (quoting SEC v. Byers, 590 F. Supp. 2d 637, 644 (S.D.N.Y. 2008)). Like fee awards in other contexts, the reasonableness of a receiver's fee application is determined in the court's discretion, and is judged by, among other things, the reasonableness of the hourly rate charged and the reasonableness of the number of hours billed." Id. (internal citation omitted). In determining a reasonable fee, the Court considers a number of factors, including "(1) the complexity of problems faced, (2) the benefits to the receivership estate, (3) the quality of the work performed, and (4) the time records presented." SEC v. Morgan, 504 F. Supp. 3d 221, 223 (W.D.N.Y. 2020) (internal quotation marks omitted). Here, the SEC reviewed and approved the fee application and the invoices for the Receiver and the Receiver Team. The SEC's approval is "given great weight" in determining the reasonableness of the compensation and reimbursement sought by a receiver. Id. (internal quotation marks omitted). The fee application and billing records reflect the significant efforts of the Receiver Team, which continues to engage in highly complex and time-intensive work on behalf of the Receivership Estate. The Receiver Teams time was spent operating the Receivership Estate and collecting Receivership Property, which is time-intensive work. During the Application Period, the Receiver Team performed work that was beneficial to the Receivership Estate, including drafting and filing a motion to set a bar date for claims against the Receivership Estate, launching an electronic claims portal to allow claimants to submit, update and track their claims, interviewing witnesses and investigating claims to potential Receivership Property in the form of cryptocurrencies. The hourly rates remain significantly discounted from the ordinary rates of the Receiver and Ankura, resulting in a combined total discount and fee write-off of $530,731.00 and $158,486.50, respectively, for the Application Period. (Signed by Judge Lorna G. Schofield on 2/10/2023) (mml)
February 3, 2023 Opinion or Order Filing 194 ***EX-PARTE*** LETTER addressed to Judge Lorna G. Schofield from John J. Carney dated February 3, 2023 re: Status and Accompanying Asset Recovery Memorandum. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Bank Statements, #2 Exhibit B-Account Statements, #3 Exhibit C-Preliminary List of Claimants)Motion or Order to File Under Seal: #110 .(Carney, John)
January 26, 2023 Opinion or Order Filing 193 ORDER. It is hereby ORDERED that, by February 2, 2023, Receiver shall send to Mr. Reich the Orders that are publicly available on the docket approving payments to the Receiver, as well a copy of this Order. To the extent Receiver has any additional information as to the estimated schedule for the completion of administering the receivership, beyond what has been provided in the status reports, Receiver shall provide such information to Mr. Reich and file it on the docket. (Signed by Judge Lorna G. Schofield on 1/26/23) (yv)
January 18, 2023 Opinion or Order Filing 192 ORDER: It is hereby ORDERED that the remaining 10% of the Sixth Fee Application is GRANTED. The Receiver is authorized to make payments for the following amounts: $69,459.17 (BakerHostetler); $37,087.70 (Ankura); $1,045.00 (Law Office of Dennis O. Cohen, PLLC) and $60.75 (Nelsons Attorneys-at-Law, Ltd). (Signed by Judge Lorna G. Schofield on 1/18/2023) (mml) Transmission to Finance Unit (Cashiers) for processing.
January 17, 2023 Opinion or Order Filing 191 CERTIFICATE OF SERVICE of Receiver's Ninth Status Report served on Stefan Qin on January 17, 2023. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
January 17, 2023 Opinion or Order Filing 190 STATUS REPORT. (Receiver's Ninth Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
January 12, 2023 Opinion or Order Filing 189 ***EX-PARTE*** LETTER addressed to Judge Lorna G. Schofield from John J. Carney dated January 12, 2023 re: Status and Accompanying Asset Recovery Memorandum. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Bank Statements, #2 Exhibit B-Account Statements)Motion or Order to File Under Seal: #110 .(Carney, John)
December 30, 2022 Opinion or Order Filing 188 CERTIFICATE OF SERVICE of Receivers Certified Seventh Fee Application with Exhibits A-D on December 30, 2022. Service was made by E-mail. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
December 30, 2022 Opinion or Order Filing 187 ***SELECTED PARTIES***NOTICE of Receiver's Certified Seventh Fee Application. Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. (Attachments: #1 Exhibit A - Receiver and BakerHostetler Invoices, #2 Exhibit B - Ankura Invoice, #3 Exhibit C - Law Office of Dennis Cohen Invoice, #4 Exhibit D - Miller Kaplan Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
December 30, 2022 Opinion or Order Filing 186 NOTICE of Receiver's Certified Seventh Fee Application. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A - Receiver and BakerHostetler Invoices (Redacted), #2 Exhibit B - Ankura Invoice (Redacted), #3 Exhibit C - Law Office of Dennis Cohen Invoice (Redacted), #4 Exhibit D - Miller Kaplan Invoice (Redacted)).(Goody Guillen, Teresa)
December 5, 2022 Opinion or Order Filing 185 ORDER: It is hereby ORDERED that the Sixth Fee Application is GRANTED IN PART. In light of the missing information in the status report and fee application, the Court deems it appropriate to hold back 10% of the payment requested in the Sixth Fee Application until the requisite information is provided. The Receiver is authorized to make payments for the following amounts: $625,132.50 (BakerHostetler); $333,789.30 (Ankura); $9,405.00 (Law Office of Dennis O. Cohen, PLLC) and $546.75 (Nelsons Attorneys-at-Law, Ltd). It is further ORDERED that, going forward, any requested information that is highly confidential may be filed separately under seal, as was done at Dkt. No. 177. If information requested by the Receiver Order is unavailable or not yet determined, the fee application or status report should state so clearly. (Signed by Judge Lorna G. Schofield on 12/5/2022) (ate)
October 17, 2022 Opinion or Order Filing 184 CERTIFICATE OF SERVICE of Receivers Eighth Status Report served on Stefan Qin on October 17, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by Email. Document filed by Robert A Musiala, Jr...(Lyster, Lauren)
October 17, 2022 Opinion or Order Filing 183 STATUS REPORT. (Receiver's Eighth Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
October 3, 2022 Opinion or Order Filing 182 ORDER It is hereby ORDERED that the remaining 10% of the Fifth Fee Application is GRANTED. The Receiver is authorized to make payments for the following amounts: $66,626.58 (BakerHostetler); $32,222.76 (Ankura) and $1,187.50 (Law Office of Dennis O. Cohen, PLLC). (Signed by Judge Lorna G. Schofield on 10/03/2022) (jca)
October 3, 2022 Opinion or Order Transmission to Finance Unit (Cashiers). Transmitted re: #182 Order,, to the Finance Unit (Cashiers) for case processing. (jca)
September 28, 2022 Opinion or Order Filing 181 CERTIFICATE OF SERVICE of Receivers Certified Sixth Fee Application with Exhibits A-D (redacted) on September 28, 2022. Document filed by Robert A Musiala, Jr...(Lyster, Lauren)
September 28, 2022 Opinion or Order Filing 180 ***SELECTED PARTIES***NOTICE of Receiver's Certified Sixth Fee Application. Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice, #2 Exhibit B-Ankura Invoice, #3 Exhibit C-Law Office of Dennis Cohen Invoice, #4 Exhibit D-Nelsons Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
September 28, 2022 Opinion or Order Filing 179 NOTICE of Receiver's Certified Sixth Fee Application. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice (Redacted), #2 Exhibit B-Ankura Invoice (Redacted), #3 Exhibit C-Law Office of Dennis Cohen Invoice (Redacted), #4 Exhibit D-Nelson Invoice (Redacted)).(Goody Guillen, Teresa)
September 7, 2022 Opinion or Order Filing 178 ORDER GRANTING WITHDRAWAL OF APPEARANCE OF BARI R. NADWORNY: In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declarationof Bari R. Nadworny, of Baker & Hostetler LLP, Bari R. Nadworny is hereby withdrawn as counsel for Receiver Robert A. Musiala, Jr. The Clerk of Court is respectfully directed to terminate Bari Nadworny's receipt of ECF notifications. SO ORDERED., Attorney Bari Robyn Nadworny terminated. (Signed by Judge Lorna G. Schofield on 9/07/2022) (ama)
September 7, 2022 Opinion or Order Filing 177 ***EX-PARTE*** LETTER addressed to Judge Lorna G. Schofield from John J. Carney dated September 7, 2022 re: Status and Accompanying Asset Recovery Memorandum. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Certified Statement)Motion or Order to File Under Seal: #110 .(Carney, John)
September 7, 2022 Opinion or Order Filing 176 NOTICE OF APPEARANCE by Lauren Lyster on behalf of Robert A Musiala, Jr...(Lyster, Lauren)
September 6, 2022 Opinion or Order Filing 175 CERTIFICATE OF SERVICE of Proposed Order for Withdrawal of Appearance of Bari R. Nadworny on September 6, 2022. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
September 6, 2022 Opinion or Order Filing 174 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
August 18, 2022 Opinion or Order Filing 173 ORDER AUTHORIZING RECEIVER TO RETAIN MILLER KAPLAN ARASE, LLP granting #169 Motion to Approve Approve the Retention of Miller Kaplan Arase, LLP. IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED; and 2. The Receiver is authorized to retain Miller Kaplan as provided in the Motion. The Clerk of Court is respectfully directed to close the motion at Docket No. 169. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/18/22) (yv)
August 18, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #171 Proposed Order was reviewed and approved as to form. (km)
August 17, 2022 Opinion or Order Filing 172 CERTIFICATE OF SERVICE of Receivers Motion to Authorize the Receiver To Retain Miller Kaplan Arase, LLP served on Stefan Qin on August 17, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by Email. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
August 17, 2022 Opinion or Order Filing 171 PROPOSED ORDER. Document filed by Robert A Musiala, Jr.. Related Document Number: #169 ..(Goody Guillen, Teresa) Proposed Order to be reviewed by Clerk's Office staff.
August 17, 2022 Opinion or Order Filing 170 MEMORANDUM OF LAW in Support re: #169 MOTION to Approve the Retention of Miller Kaplan Arase, LLP . . Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
August 17, 2022 Opinion or Order Filing 169 MOTION to Approve the Retention of Miller Kaplan Arase, LLP . Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
August 8, 2022 Opinion or Order Filing 168 ORDER GRANTING RECEIVER'S MOTION TO SET BAR DATE FOR CLAIMS AGAINST THE RECEIVERSHIP ESTATE AND TO APPROVE CLAIM FORM AND NOTICE PROCEDURES: granting #161 Motion re: #161 MOTION to Set Bar Date for Claims Against the Receivership Estate and to Approve Claim Form and Notice Procedures. IT IS HEREBY ORDERED THAT: The Receiver's Motion is GRANTED. The Notice and Claim Form, substantially in the form set forth in Exhibit A of the Motion, is APPROVED. The Publication Notice, substantially in the form set forth in Exhibit B of the Motion, is APPROVED. Within fourteen (14) business days following the entry of this Order, the Receiver will send Notice, substantially in the form set forth in Exhibit A of the Motion, via electronic mail, or, where necessary, via U.S. mail to all Identified Claimants; Within fourteen (14) business days following the entry of this Order, the Receiver will publish the Publication Notice, substantially in the form set forth in Exhibit B of the Motion, for at least (5) consecutive days, and such publication shall be deemed sufficient and adequate notice of the Bar Date and of the provisions of this Order to all parties that may hold claims against the Receivership Estate; And as set forth herein. The Court retains jurisdiction to enforce and implement the terms and provisions of this Order. SO ORDERED.. (Signed by Judge Lorna G. Schofield on 8/08/2022) (ama)
July 25, 2022 Opinion or Order Filing 167 ORDER re: #156 Notice (Other), filed by Robert A Musiala, Jr.. It is hereby ORDERED that the Fifth Fee Application is GRANTED IN PART. "'A receiver appointed by a court who reasonably and diligently discharges his duties is entitled to be fairly compensated for services rendered and expenses incurred.'" SEC v. Amerindo Inv. Advisors Inc., No. 5 Civ. 5231, 2019 WL 3526590, at *4 (S.D.N.Y. Aug. 2, 2019) (quoting SEC v. Byers, 590 F. Supp. 2d 637, 644 (S.D.N.Y. 2008)). "Like fee awards in other contexts, the reasonableness of a receiver's fee application is determined in the court's discretion, and is judged by, among other things, the reasonableness of the hourly rate charged and the reasonableness of the number of hours billed." Id. (internal citation omitted). In determining a reasonable fee, the Court considers a number of factors, including (1) "the complexity of problems faced," (2) "the benefits to the receivership estate," (3) "the quality of the work performed," and (4) "the time records presented." SEC v. Morgan, 504 F. Supp. 3d 221, 223 (W.D.N.Y. 2020). Here, the SEC reviewed and approved the fee application and the invoices for the Receiver and the Receiver Team. The SEC's approval is "given great weight" in determining the reasonableness of the compensation and reimbursement sought by a receiver. Id. The fee application and billing records reflect the significant efforts of the Receiver Team, which continues to engage in highly complex and time-intensive work on behalf of the Receivership Estate. The majority of the Receiver and the Receiver Team's time was spent on asset analysis and recovery, forensic accounting and data analysis, which is time intensive work. During the Application Period, the Receiver Team performed work that was beneficial to the Receivership Estate, including negotiating and executing agreements with third parties to obtain significant Receivership Property, obtaining custody and access to significant Receivership property in the form of cryptocurrencies, identifying potential Receivership Property in the form of cryptocurrencies, identifying, preserving and processing data forfurther investigation, reviewing and responding to investor inquiries, completing a technical migration of Receiver's institutional cryptocurrency custody account, interviewing witnesses and issuing subpoenas to obtain information regarding potential Receivership Property, analyzing blockchain transactional data to determine whether cryptocurrency may be Receivership Property and issuing subpoenas to third parties to identify the location of assets and foreign-based third parties that are believed to possess significant Receivership Property and to request information and records relating to the Receiver's investigation. During the Application Period, the Receiver and the Receiver Team recovered significant Receivership Property and identified new potential avenues for the recovery of additional Receivership Property. The hourly rates remain significantly discounted from the ordinary rates of the Receiver and Ankura, resulting in a combined total discount and fee write-off of $265,694.50 and $133,841.00, respectively, for the Application Period. In light of the missing information in the status report and fee application, the Court deems it appropriate to hold back 10% of the payment requested in the Fifth Fee Application until the requisite information is provided. The Receiver is authorized to make payments for the following amounts: $596,639.22 (BakerHostetler); $290,004.83 (Ankura) and $10,687.5 (Law Office of Dennis O. Cohen, PLLC). (Signed by Judge Lorna G. Schofield on 7/25/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
July 14, 2022 Opinion or Order Filing 166 CERTIFICATE OF SERVICE of Receiver's Seventh Status Report served on Defendant Stefan Qin on July 14, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher and Sean Hecker. Service was made by E-mail. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
July 14, 2022 Opinion or Order Filing 165 STATUS REPORT. (Receiver's Seventh Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
July 11, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #163 Proposed Order was reviewed and approved as to form. (km)
July 8, 2022 Opinion or Order Filing 164 CERTIFICATE OF SERVICE of Notice of Motion for an Order to Set Bar Date and the Memorandum of Law in Support of the Motion served on Stefan Qin on July 8, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by Email. Document filed by Robert A Musiala, Jr...(Molina, Marco)
July 8, 2022 Opinion or Order Filing 163 PROPOSED ORDER. Document filed by Robert A Musiala, Jr.. Related Document Number: #161 ..(Molina, Marco) Proposed Order to be reviewed by Clerk's Office staff.
July 8, 2022 Opinion or Order Filing 162 MEMORANDUM OF LAW in Support re: #161 MOTION to Set Bar Date for Claims Against the Receivership Estate and to Approve Claim Form and Notice Procedures . . Document filed by Robert A Musiala, Jr...(Molina, Marco)
July 8, 2022 Opinion or Order Filing 161 MOTION to Set Bar Date for Claims Against the Receivership Estate and to Approve Claim Form and Notice Procedures . Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A- Proposed Notice and Claim Form, #2 Exhibit B- Proposed Publication Notice).(Molina, Marco)
July 8, 2022 Opinion or Order Filing 160 CERTIFICATE OF SERVICE of Letter Motion to File a Motion to Set a Bar Date for Claims Against the Receivership Estate served on Stefan Qin on July 7, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by Email. Document filed by Robert A Musiala, Jr...(Molina, Marco)
July 6, 2022 Opinion or Order Filing 159 ORDER granting #158 Letter Motion for Leave to File Document. The application is GRANTED. By July 27, 2022, the Receiver shall file the motion to set a bar date for claims against the receivership estate. The Clerk of Court is respectfully directed to close the motion at Docket No. 158. (Signed by Judge Lorna G. Schofield on 7/6/2022) (mml)
July 6, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 7/27/2022. (mml)
July 5, 2022 Opinion or Order Filing 158 LETTER MOTION for Leave to File Motion to Set a Bar Date addressed to Judge Lorna G. Schofield from Marco Molina dated July 5, 2022. Document filed by Robert A Musiala, Jr...(Molina, Marco)
June 29, 2022 Opinion or Order Filing 157 CERTIFICATE OF SERVICE of Receivers Certified Fifth Fee Application with Exhibits A-C (redacted) on June 29, 2022. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
June 29, 2022 Opinion or Order Filing 156 ***SELECTED PARTIES***NOTICE of Receiver's Certified Fifth Fee Application. Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice, #2 Exhibit B-Ankura Invoice, #3 Exhibit C-Law Office of Dennis Cohen Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
June 29, 2022 Opinion or Order Filing 155 NOTICE of Receiver's Certified Fifth Fee Application. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice (Redacted),, #2 Exhibit B-Ankura Invoice (Redacted), #3 Exhibit C-Law Office of Dennis Cohen Invoice (Redacted)).(Goody Guillen, Teresa)
April 25, 2022 Opinion or Order Filing 154 ORDER: It is hereby ORDERED that the Fourth Fee Application is GRANTED. The Receiver is authorized to make payments for the total amounts requested in the application, including payments to Elliptic and CipherTrace for the Initial Services. "'A receiver appointed by a court who reasonably and diligently discharges his duties is entitled to be fairly compensated for services rendered and expenses incurred.'" SEC v. Amerindo Inv. Advisors Inc., No. 5 Civ. 5231, 2019 WL 3526590, at *4 (S.D.N.Y. Aug. 2, 2019) (quoting SEC v. Byers, 590 F. Supp. 2d 637, 644 (S.D.N.Y. 2008)). "Like fee awards in other contexts, the reasonableness of a receiver's fee application is determined in the court's discretion, and is judged by, among other things, the reasonableness of the hourly rate charged and the reasonableness of the number of hours billed." Id. (internal citation omitted). In determining a reasonable fee, the Court considers a number of factors, including (1) "the complexity of problems faced," (2) "the benefits to the receivership estate," (3) "the quality of the work performed," and (4) "the time records presented." SEC v. Morgan, 504 F. Supp. 3d 221, 223 (W.D.N.Y. 2020). Here, the SEC reviewed and approved the fee application. The SEC's approval is "given great weight" in determining the reasonableness of the compensation and reimbursement sought by a receiver. Id. The fee application and billing records reflect the significant efforts of the Receiver Team, which continues to engage in highly complex and time-intensive work on behalf of the Receivership Estate. The majority of the Receiver Team's time was spent on asset analysis and recovery, forensic accounting and claims administration, which is time-intensive work. During the Application Period, the Receiver Team performed work that was beneficial to the Receivership Estate, including identifying and taking custody of cryptocurrency, liquidating cryptocurrency and transferring the value to the receivership bank account, drafting and issuing subpoenas and information requests to third parties believed to be in possession of receivership property, negotiating the sale and disposition of such property with third parties, analyzing data and documents in connection with potential claims to receivership property, identifying additional financial institutions that may be in possession of receivership property, analyzing data from various sources to gain access to certain cryptocurrency exchanges accounts and conducting witness interviews. The hourly rates remain significantly discounted from the ordinary rates of the Receiver and Ankura, resulting in a combined total discount and fee write-off of $318,907.00 and $111,959.00, respectively, for the Application Period. (Signed by Judge Lorna G. Schofield on 4/25/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
April 15, 2022 Opinion or Order Filing 153 CERTIFICATE OF SERVICE of Receiver's Sixth Status Report on April 15, 2022. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
April 15, 2022 Opinion or Order Filing 152 STATUS REPORT. (Receiver's Sixth Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
March 30, 2022 Opinion or Order Filing 151 CERTIFICATE OF SERVICE of Receiver's Certified Fourth Fee Application with Exhibits A-E (redacted) on March 30, 2022. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
March 30, 2022 Opinion or Order Filing 150 ***SELECTED PARTIES***NOTICE of Receiver's Certified Fourth Fee Application re: #149 Notice (Other),. Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice, #2 Exhibit B-Ankura Invoice, #3 Exhibit C-Nelsons Invoice, #4 Exhibit D-Elliptic Invoice, #5 Exhibit E-CipherTrace Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
March 30, 2022 Opinion or Order Filing 149 NOTICE of Receiver's Certified Fourth Fee Application. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice (Redacted), #2 Exhibit B-Ankura Invoice (Redacted), #3 Exhibit C-Nelsons Invoice (Redacted), #4 Exhibit D-Elliptic Invoice (Redacted), #5 Exhibit E-CipherTrace Invoice (Redacted)).(Goody Guillen, Teresa)
March 25, 2022 Opinion or Order Filing 148 MEMO ENDORSEMENT on re: #146 Letter filed by Robert A Musiala, Jr. ENDORSEMENT: The Receiver shall file quarterly status reports within fifteen (15) days after the close of every quarter, and is not required to file status letters every sixty days. (Signed by Judge Lorna G. Schofield on 3/25/2022) (ate)
March 24, 2022 Opinion or Order Filing 147 CERTIFICATE OF SERVICE of Letter Seeking Clarification of Court's March 14, 2022 Order served on Defendant Stefan Qin on March 24, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, and Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
March 24, 2022 Opinion or Order Filing 146 LETTER addressed to Judge Lorna G. Schofield from Teresa Goody Guillen dated March 24, 2022 re: Clarification of Court's March 14, 2022 Order. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
March 14, 2022 Opinion or Order Filing 145 ORDER granting #143 Letter Motion for Extension of Time. The request for an extension to file status letters is GRANTED. The Receiver shall file a quarterly status report fifteen (15) days after the close of every quarter. The Receiver is relieved of its obligation to file status reports every sixty (60) days and need not file any additional letter thirty (30) days after the close of every quarter. The Clerk of Court is respectfully directed to close the motion at Docket No. 143.. (Signed by Judge Lorna G. Schofield on 3/14/2022) (jca)
March 11, 2022 Opinion or Order Filing 144 CERTIFICATE OF SERVICE of Letter Motion Requesting an Extension of Time to File Status Letters served on Defendant Stefan Qin on March 11, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by E-mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
March 11, 2022 Opinion or Order Filing 143 LETTER MOTION for Extension of Time and Modification of the Schedule for the Court-Ordered Status Letters addressed to Judge Lorna G. Schofield from Teresa M. Goody Guillen dated March 11, 2022. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
March 2, 2022 Opinion or Order Filing 142 FINAL JUDGMENT AS TO DEFENDANT STEFAN QIN: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. 240.10b-5, by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security, as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $36,352,028 with pre-judgment interest thereon in the amount of $3,494,791, for a total of $39,846,819, representing net profits gained as a result of the conduct alleged in the Complaint. This amount shall be deemed satisfied by: (1) Defendant's relinquishment of all legal and equitable right, title, and interest in all properties, businesses, funds and assets currently controlled by the Court Appointed Receiver in this action ("Receiver"), and all claims he might assert against the receivership estate; and, (2) the judgment, including the order of forfeiture of $54,793,532.14, entered against him in the criminal case, United States v. Stefan Qin, Case No. 21-CR-075 (VEC) (S.D.N.Y.), on September 15, 2021. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/2/2022) (mml)
March 1, 2022 Opinion or Order Filing 141 FINAL JUDGMENT AS TO DEFENDANT STEFAN QIN: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. 240.10b-5, by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security, as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $36,352,028 with pre-judgment interest thereon in the amount of $3,494,791, for a total of $39,846,819, representing net profits gained as a result of the conduct alleged in the Complaint. This amount shall be deemed satisfied by: (1) Defendant's relinquishment of all legal and equitable right, title, and interest in all properties, businesses, funds and assets currently controlled by the Court Appointed Receiver in this action ("Receiver"), and all claims he might assert against the receivership estate; and, (2) the judgment, including the order of forfeiture of $54,793,532.14, entered against him in the criminal case, United States v. Stefan Qin, Case No. 21-CR-075 (VEC) (S.D.N.Y.), on September 15, 2021. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. SO ORDERED. Stefan Qin terminated. (Signed by Judge Lorna G. Schofield on 3/1/2022) (mml)
February 24, 2022 Opinion or Order Filing 140 PROPOSED JUDGMENT. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Consent of Defendant Stefan Qin).(Lamarca, Susan) Proposed Judgment to be reviewed by Clerk's Office staff.
February 24, 2022 Opinion or Order Filing 139 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT Consent of Defendant Stefan Qin. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan) Modified on 2/24/2022 (dt).
February 24, 2022 Opinion or Order Filing 138 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 2/24/2022 (dt).
February 24, 2022 Opinion or Order Filing 137 LETTER addressed to Judge Lorna G. Schofield from Susan F. LaMarca dated February 24, 2022 re: Settlement with Defendant Qin. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
February 24, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #140 Proposed Judgment, was reviewed and approved as to form. (dt)
February 24, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Lamarca, Susan to RE-FILE Document #139 Notice of Acceptance with Offer of Judgment. Re-file the Judgment Doc.# 138 and attach the Consent Doc.# 139 to it as an attachment. (dt)
February 24, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lamarca, Susan to RE-FILE Document #138 Proposed Judgment. ERROR(S): Did not attach Consent Doc# 139 to Judgment. (dt)
February 18, 2022 Opinion or Order Filing 136 ORDER AUTHORIZING RECEIVER TO RETAIN CIPHERTRACE & ELLIPTIC granting in part #130 Motion to Approve. IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED IN PART; 2. The Receiver is authorized to retain the Blockchain Analytics Vendors as provided in the Motion. 3. The Receiver is not authorized to pay for the Initial Services, as defined in the Motion, without first submitting the Blockchain Analytics Vendors' invoices for the Initial Services to the Court for approval as part of the Receiver's quarterly fee application. The Clerk of Court is respectfully directed to close the motion at Docket No. 130. (Signed by Judge Lorna G. Schofield on 2/18/2022) (mml) Modified on 2/18/2022 (mml).
February 18, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #133 Proposed Order was reviewed and approved as to form. (dt)
February 17, 2022 Opinion or Order Filing 135 CERTIFICATE OF SERVICE of Receiver's Motion for an Order Approving the Retention of CipherTrace and Elliptic and Supporting Documents on February 17, 2022. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 17, 2022 Opinion or Order Filing 134 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #130 MOTION to Approve the Retention of CipherTrace and Elliptic . . Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. Motion or Order to File Under Seal: #129 .(Goody Guillen, Teresa)
February 17, 2022 Opinion or Order Filing 133 PROPOSED ORDER. Document filed by Robert A Musiala, Jr.. Related Document Number: [Doc 130]..(Goody Guillen, Teresa) Proposed Order to be reviewed by Clerk's Office staff.
February 17, 2022 Opinion or Order Filing 132 DECLARATION of Bari R. Nadworny in Support re: #130 MOTION to Approve the Retention of CipherTrace and Elliptic .. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Credentials and Qualifications of CipherTrace, #2 Exhibit B-Credentials and Qualifications of Elliptic).(Nadworny, Bari)
February 17, 2022 Opinion or Order Filing 131 MEMORANDUM OF LAW in Support re: #130 MOTION to Approve the Retention of CipherTrace and Elliptic . (Redacted Version). Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
February 17, 2022 Opinion or Order Filing 130 MOTION to Approve the Retention of CipherTrace and Elliptic . Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
February 17, 2022 Opinion or Order Filing 129 ORDER granting #127 Letter Motion for Leave to File Document. The sealing application is GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 127. (Signed by Judge Lorna G. Schofield on 2/17/2022) (mml)
February 16, 2022 Opinion or Order Filing 128 CERTIFICATE OF SERVICE of Letter Motion for Approval to Redact Filing served on Stefan Qin on February 16, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by Email. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 16, 2022 Opinion or Order Filing 127 LETTER MOTION for Leave to File Redacted Motion to Retain Two Blockchain Analytics Vendors addressed to Judge Lorna G. Schofield from Teresa M. Goody Guillen dated February 16, 2022. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
February 16, 2022 Opinion or Order Filing 126 MEMO ENDORSEMENT on re: #125 Status Report filed by United States Securities and Exchange Commission. By February 28, 2022, Plaintiff shall file a letter regarding the status of settlement. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/16/2022) (kv)
February 15, 2022 Opinion or Order Filing 125 STATUS REPORT. (Second Status Letter re Settlement) Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
February 14, 2022 Opinion or Order Filing 124 ORDER AUTHORIZING RECEIVER TO RETAINTHE LAW OFFICE OF DENNIS COHEN granting #121 Motion to Approve the Retention of the Law Office of Dennis Cohen. IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED; and 2. The Receiver is authorized to retain the Law Office of Dennis Cohen as provided in the Motion. SO ORDERED. The Clerk of Court is respectfully directed to close the motion at Docket No. 121. (Signed by Judge Lorna G. Schofield on 2/14/2022) (vfr)
February 11, 2022 Opinion or Order Filing 123 CERTIFICATE OF SERVICE of Notice of Receiver's Motion for an Order Approving the Retention of the Law Office of Dennis Cohen, Memorandum of Law in Support of Receiver's Motion for an Order Approving the Retention of the Law Office of Dennis Cohen and Proposed Order on 2/11/2022. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 11, 2022 Opinion or Order Filing 122 MEMORANDUM OF LAW in Support re: #121 MOTION to Approve the Retention of the Law Office of Dennis Cohen . . Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 11, 2022 Opinion or Order Filing 121 MOTION to Approve the Retention of the Law Office of Dennis Cohen . Document filed by Robert A Musiala, Jr.. (Attachments: #1 Text of Proposed Order).(Nadworny, Bari)
February 3, 2022 Opinion or Order Filing 120 MEMO ENDORSEMENT on re: #118 Status Report filed by Robert A Musiala, Jr.. ENDORSEMENT: Future status reports shall clearly distinguish between the receivership activities performed to date and the activities performed during the relevant status period. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/3/2022) (kv)
January 31, 2022 Opinion or Order Filing 119 CERTIFICATE OF SERVICE of Receiver's Fifth Status Report served on Stefan Qin on January 31, 2022. Service was accepted by Shawn G. Crowley, Louis W. Fisher and Sean Hecker. Service was made by E-mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
January 31, 2022 Opinion or Order Filing 118 STATUS REPORT. (Receiver's Fifth Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
January 20, 2022 Opinion or Order Filing 117 ORDER: It is hereby ORDERED that the Third Fee Application is GRANTED. The Receiver is authorized to make payments for the total amounts requested in the application. "'A receiver appointed by a court who reasonably and diligently discharges his duties is entitled to be fairly compensated for services rendered and expenses incurred.'" SEC v. Amerindo Inv. Advisors Inc., No. 5 Civ. 5231, 2019 WL 3526590, at *4 (S.D.N.Y. Aug. 2, 2019) (quoting SEC v. Byers, 590 F. Supp. 2d 637, 644 (S.D.N.Y. 2008)). "Like fee awards in other contexts, the reasonableness of a receiver's fee application is determined in the court's discretion, and is judged by, among other things, the reasonableness of the hourly rate charged and the reasonableness of the number of hours billed." Id. (internal citation omitted). In determining a reasonable fee, the Court considers a number of factors, including (1) "the complexity of problems faced," (2) "the benefits to the receivership estate," (3) "the quality of the work performed," and (4) "the time records presented." SEC v. Morgan, 504 F. Supp. 3d 221, 223 (W.D.N.Y. 2020). Here, the SEC reviewed and approved the fee application. The SEC's approval is "given great weight" in determining the reasonableness of the compensation and reimbursement sought by a receiver. Id. The Receiver Team continues to be engaged in highly complex and time- intensive work, which has resulted in a number of benefits for the Receivership, as outlined in the application. Billing records show that the vast majority of the Receiver's time is spent on asset analysis and recovery, which is time-consuming, fact-intensive work. During the Application Period, the Receiver Team performed a number of tasks that were beneficial to the receivership estate, including successfully asserting, negotiating and settling claims to receivership property and taking custody of such property, investigating third parties who may be in possession of receivership property, liquidating cryptocurrency assets, responding to investor inquiries, drafting, managing and updating numerous subpoenas and information requests to third parties, freezing assets of third parties, conducting witness interviews, processing and analyzing additional data after taking custody of various hardware devices and other data sources, and managing claims asserted by former employees and investors. The hourly rates remain significantly discounted from the ordinary rates of the Receiver and Ankura, resulting in a combined total discount and fee write-off of $501,554.00 and $294,543.50, respectively, for the Application Period. It is further ORDERED that future fee applications shall describe the work performed by the Receiver Team during the Application Period, including specific benefits obtained for the receivership estate during the Application Period. (Signed by Judge Lorna G. Schofield on 1/20/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
January 18, 2022 Opinion or Order Filing 116 ***EX-PARTE*** LETTER addressed to Judge Lorna G. Schofield from John J. Carney dated January 18, 2022 re: Status and Asset Recovery Memorandum. Document filed by Robert A Musiala, Jr..Motion or Order to File Under Seal: #110 .(Carney, John)
December 30, 2021 Opinion or Order Filing 115 CERTIFICATE OF SERVICE of Receivers Certified Third Fee Application on December 30, 2021. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
December 30, 2021 Opinion or Order Filing 114 ***SELECTED PARTIES***NOTICE of Receiver's Certified Third Fee Application re: #113 Notice (Other),. Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice, #2 Exhibit B-Ankura Invoice, #3 Exhibit C-Nelsons Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
December 30, 2021 Opinion or Order Filing 113 NOTICE of Receiver's Certified Third Fee Application. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice (Redacted), #2 Exhibit B-Ankura Invoice (Redacted), #3 Exhibit C-Nelsons Invoice (Redacted)).(Goody Guillen, Teresa)
December 16, 2021 Opinion or Order Filing 112 MEMO ENDORSEMENT on re: #111 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: By February 15, 2022, Plaintiff shall file a letter regarding the status of settlement. (Signed by Judge Lorna G. Schofield on 12/16/2021) (ate)
December 15, 2021 Opinion or Order Filing 111 LETTER addressed to Judge Lorna G. Schofield from Susan F. LaMarca (SEC) dated Dec. 15, 2021 re: Offer of Settlement received. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
December 7, 2021 Opinion or Order Filing 110 ORDER GRANTING RECEIVER PERMISSION TO FILE REPORTS TO THE COURT UNDER SEAL: IT IS HEREBY ORDERED THAT: The Receiver is authorized to file reports to the Court, apart from the Quarterly Status Reports under the Receiver Order, under seal to provide the Court with additional information regarding the Receiver's efforts to faithfully execute his duties under the Receiver Order for the protection and benefit of harmed investors. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/7/2021) (va)
December 6, 2021 Opinion or Order Filing 109 CERTIFICATE OF SERVICE of Letter Regarding Proposed Order Granting Receiver Permission to File Reports to the Court Under Seal and the Proposed Order served on Stefan Qin on December 6, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
December 6, 2021 Opinion or Order Filing 108 PROPOSED ORDER. Document filed by Robert A Musiala, Jr...(Carney, John) Proposed Order to be reviewed by Clerk's Office staff.
December 6, 2021 Opinion or Order Filing 107 LETTER addressed to Judge Lorna G. Schofield from John J. Carney dated December 6, 2021 re: Proposed Order Granting Receiver Permission to File Reports to the Court Under Seal. Document filed by Robert A Musiala, Jr...(Carney, John)
December 6, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #108 Proposed Order was reviewed and approved as to form. (km)
November 18, 2021 Opinion or Order Filing 106 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences Amended Pleadings due by 3/15/2022. Joinder of Parties due by 1/15/2022. Fact Discovery due by 1/16/2022. Expert discovery is not anticipated as necessary for this case. This case is not to be tried to a jury. This case is not expected to be set for trial; if trial were required the SEC anticipates that it would be completed in 3 days. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8 and 12(a)-(b) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/18/2021) (mml) (Main Document 106 replaced on 11/30/2021) (mml).
November 18, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 11/18/2021. (jcs)
November 15, 2021 Opinion or Order Filing 105 LETTER addressed to Judge Lorna G. Schofield from Susan F. LaMarca (SEC) dated 11/15/2021 re: Order re Notice to Pro Se Defendant. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
November 12, 2021 Opinion or Order Filing 104 ORDER: It is hereby ORDERED that by November 15, 2021, Plaintiff shall file a letter advising the Court whether pro se Plaintiff has received a copy of the Court's Order scheduling the November 18, 2021, conference (Dkt. No. 90), and if not, transmit a copy of the Order. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 11/12/2021) (ks) Transmission to Docket Assistant Clerk for processing.
November 10, 2021 Opinion or Order Filing 103 LETTER addressed to Judge Lorna G. Schofield from Susan F. LaMarca (SEC) dated November 10, 2021 re: Status and Case Management Plan. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
November 10, 2021 Opinion or Order Filing 102 ORDER granting #99 Letter Motion for Extension of Time to File. The application is GRANTED. By December 30, 2021, the Receiver shall file the next Quarterly Fee Application, and all future applications shall be made ninety (90) days after the end of each calendar quarter. The Clerk of Court is respectfully directed to close the motion at Docket No. 99. (Signed by Judge Lorna G. Schofield on 11/10/2021) (mml)
November 10, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 12/30/2021. (mml)
November 9, 2021 Opinion or Order Filing 101 ORDER: It is hereby ORDERED that the Resubmitted Initial Fee Application is GRANTED. The Receiver is authorized to make payments for the total amounts requested in that application. It is further ORDERED that the Second Fee Application is GRANTED. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 11/9/2021) (jca) Transmission to Finance Unit (Cashiers) for processing.
November 9, 2021 Opinion or Order Filing 100 CERTIFICATE OF SERVICE of Letter Motion for an Extension of Time served on Defendant Stefan Qin on 11/9/21. Service was accepted by Shawn G. Crowley, Louis W. Fisher, and Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
November 9, 2021 Opinion or Order Filing 99 LETTER MOTION for Extension of Time to File Quarterly Fee Applications addressed to Judge Lorna G. Schofield from Marco Molina dated November 9, 2021. Document filed by Robert A Musiala, Jr...(Molina, Marco)
November 1, 2021 Opinion or Order Filing 98 CERTIFICATE OF SERVICE of Receiver's Fourth Status Report on November 1, 2021. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
November 1, 2021 Opinion or Order Filing 97 STATUS REPORT. (Receiver's Fourth Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
October 19, 2021 Opinion or Order Filing 96 LETTER addressed to Judge Lorna G. Schofield from Susan F. LaMarca (SEC) dated 10/19/2021 re: Settlement Status. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
October 18, 2021 Opinion or Order Filing 95 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from John J. Carney dated October 18, 2021 re: Resubmission of Fee Application Pursuant to the Court's Order. Document filed by United States Securities and Exchange Commission, Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Revised Invoice for Baker & Hostetler LLP, #2 Exhibit B-Revised Invoice for Ankura Consulting Group, LLC)Motion or Order to File Under Seal: #91 .(Carney, John)
October 15, 2021 Opinion or Order Filing 94 CERTIFICATE OF SERVICE of Receivers Certified Second Fee Application with Exhibits A-C (redacted) on October 15, 2021. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
October 15, 2021 Opinion or Order Filing 93 NOTICE of Receiver's Certified Second Fee Application. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice (Redacted), #2 Exhibit B-Ankura Invoice (Redacted), #3 Exhibit C-Nelsons Invoice (Redacted)).(Goody Guillen, Teresa)
October 15, 2021 Opinion or Order Filing 92 ***SELECTED PARTIES***NOTICE of Receiver's Certified Second Fee Application. Document filed by Robert A Musiala, Jr., United States Securities and Exchange Commission. (Attachments: #1 Exhibit A-Receiver and BakerHostetler Invoice, #2 Exhibit B-Ankura Invoice, #3 Exhibit C-Nelsons Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
October 4, 2021 Opinion or Order Filing 91 ORDER: It is hereby ORDERED that the Fee Application is GRANTED IN PART. "'A receiver appointed by a court who reasonably and diligently discharges his duties is entitled to be fairly compensated for services rendered and expenses incurred.'" SEC v. Amerindo Inv. Advisors Inc., No. 5 Civ. 5231, 2019 WL 3526590, at *4 (S.D.N.Y. Aug. 2, 2019) (quoting SEC v. Byers, 590 F. Supp. 2d 637, 644 (S.D.N.Y. 2008)). "Like fee awards in other contexts, the reasonableness of a receiver's fee application is determined in the court's discretion, and is judged by, among other things, the reasonableness of the hourly rate charged and the reasonableness of the number of hours billed." Id. (internal citation omitted). In determining a reasonable fee, the Court considers a number of factors, including (1) "the complexity of problems faced," (2) "the benefit to the receivership estate," (3) "the quality of the work performed," and (4) "the time records presented." Byers, 590 F. Supp. at 644 and further set forth in this Order. In light of these issues, the Court deems it appropriate to hold back 10% of the payment requested in the Fee Application. It is further ORDERED that the Receiver's request for payment is approved in the following amounts: $671,973.70 (BakerHostetler); $435,282.30 (Ankura) and $5,728.32 (Nelsons). It is further ORDERED that by October 18, 2021, the Receiver shall resubmit its Fee Application, making any necessary corrections to address the issues described in this Order, and indicating any changes with a blackline. (Signed by Judge Lorna G. Schofield on 10/4/2021) (rro)
September 21, 2021 Opinion or Order Filing 90 ORDER granting in part and denying in part #89 Letter Motion to Adjourn Conference. The application is GRANTED IN PART. By October 19, 2021, the parties shall submit a joint status letter regarding the status of settlement discussions. The initial pretrial conference scheduled for September 23, 2021 at 11:00 a.m. is adjourned to November 18, 2021 at 11:00 a.m. The parties shall submit a joint letter and proposed case management plan one week before the conference per the Individual Rules. The application to suspend the deadline for motions is GRANTED. Initial Conference set for 11/18/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/21/2021) (cf)
September 20, 2021 Opinion or Order Filing 89 LETTER MOTION to Adjourn Conference and Status Letter addressed to Judge Lorna G. Schofield from Susan F. LaMarca (SEC) dated 09/20/2021. Document filed by United States Securities and Exchange Commission. Return Date set for 9/22/2021 at 05:00 PM..(Lamarca, Susan)
September 17, 2021 Opinion or Order Filing 88 ORDER: ORDERED that the parties shall file the joint letter and proposed case management plan by September 20, 2021. If the parties believe the conference should be adjourned or cancelled, they shall file a joint letter requesting adjournment or cancellation by September 20, 2021., ( Initial Conference set for 9/23/2021 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/17/2021) (ama)
September 13, 2021 Opinion or Order Filing 87 CERTIFICATE OF SERVICE of Notice of Appearance of John Carney served on Defendant Stefan Qin on September 13, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
September 13, 2021 Opinion or Order Filing 86 NOTICE OF APPEARANCE by John Joseph Carney on behalf of Robert A Musiala, Jr...(Carney, John)
August 27, 2021 Opinion or Order Filing 85 MEMO ENDORSEMENT on re: #83 Letter, filed by Robert A Musiala, Jr. ENDORSEMENT: The application is GRANTED in part. The Clerk of Court is respectfully directed to place the docket entry at number 80 under seal. (Signed by Judge Lorna G. Schofield on 8/27/2021) (cf)
August 27, 2021 Opinion or Order Filing 84 CERTIFICATE OF SERVICE of Letter Motion Regarding Docket Number 80 and Letter Regarding Invoices for the Receiver's Certified Initial Fee Application with Exhibits A-C (Redacted) on August 27, 2021. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
August 27, 2021 Opinion or Order Filing 83 LETTER addressed to Judge Lorna G. Schofield from Teresa M. Goody Guillen dated August 27, 2021 re: Requesting that the Court Remove Docket Number 80 in its Entirety as it Contained an Incorrect Version of the Filing. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
August 27, 2021 Opinion or Order Filing 82 LETTER addressed to Judge Lorna G. Schofield from Teresa M. Goody Guillen dated August 26, 2021 re: Invoices Detailing the Work of the Receiver and Baker and Hostetler, Ankura and Nelsons. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A-Baker and Hostetler Invoice (Redacted), #2 Exhibit B-Ankura Invoice (Redacted), #3 Exhibit C-Nelsons Invoice (Redacted)).(Goody Guillen, Teresa)
August 26, 2021 Opinion or Order Filing 81 CERTIFICATE OF SERVICE of Letter Regarding Invoices for the Receivers Certified Initial Fee Application with Exhibits A-C (Redacted) served on Defendant Stefan Qin on August 26, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
August 26, 2021 Opinion or Order Filing 79 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Teresa M. Goody Guilln dated August 26, 2021 re: Invoices Detailing the Work of the Receiver and Baker and Hostetler, Ankura and Nelsons. Document filed by United States Securities and Exchange Commission, Robert A Musiala, Jr.. (Attachments: #1 Exhibit A- Baker and Hostetler Invoice, #2 Exhibit B- Ankura Invoice, #3 Exhibit C- Nelsons Invoice)Motion or Order to File Under Seal: #78 .(Goody Guillen, Teresa)
August 23, 2021 Opinion or Order Filing 78 ORDER: Accordingly, it is hereby ORDERED that by September 8, 2021, the Receiver shall file under seal the invoices detailing the work of the Receiver and BakerHoestetler, Ankura and Nelsons, so that the Court may ascertain the specific tasks performed and number of hours billed. The Receiver shall file versions of these documents on the public docket, with any confidential, privileged or sensitive information redacted. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/23/2021) (cf)
August 19, 2021 Opinion or Order Filing 77 ORDER granting #76 Letter Motion to Adjourn Conference: The application is GRANTED. The initial pre-trial conference scheduled for September 9, 2021, at 11:00 a.m., is adjourned to September 23, 2021, at 11:00 a.m., on the following conference call line: 888-363-4749, access code 558-3333. SO ORDERED. Initial Conference set for 9/23/2021 at 11:00 AM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 8/19/2021) (tg)
August 18, 2021 Opinion or Order Filing 76 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Susan F. LaMarca dated August 18, 2021. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
August 16, 2021 Opinion or Order Filing 75 ORDER granting #73 Letter Motion for Extension of Time to File. The application is GRANTED. By October 15, 2021, the Receiver shall file its Second Quarterly Fee Application. (Signed by Judge Lorna G. Schofield on 8/16/2021) (cf)
August 11, 2021 Opinion or Order Filing 74 CERTIFICATE OF SERVICE of Letter Motion for Extension of Time to File Receiver's Second Quarterly Fee Application served on Defendant Stefan Qin on August 11, 2021. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
August 11, 2021 Opinion or Order Filing 73 LETTER MOTION for Extension of Time to File Receivers Second Quarterly Fee Application addressed to Judge Lorna G. Schofield from Teresa M. Goody Guillen dated August 11, 2021. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
August 2, 2021 Opinion or Order Filing 72 STATUS REPORT. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
July 30, 2021 Opinion or Order Filing 71 STATUS REPORT. (Receiver's Third Status Report) Document filed by Robert A Musiala, Jr.. (Attachments: #1 Certificate of Service).(Goody Guillen, Teresa)
July 26, 2021 Opinion or Order Filing 70 ORDER GRANTING RECEIVER PERMISSION TO RETURN FUNDS TO CACEIS BANK LUXEMBOURG BRANCH: granting #68 Motion re: #68 MOTION for Permission to Return Funds to Caceis Bank Luxembourg Branch (Unopposed Motion) re: #65 Memo Endorsement. IT IS HEREBY ORDERED THAT: The Motion is GRANTED; and The Receiver is authorized to return the Funds to CBLB (less the cost of fees expended by the Receiver's forensic and legal teams in investigating and resolving this matter), as provided in the Motion.. (Signed by Judge Lorna G. Schofield on 7/26/2021) (ama)
July 19, 2021 Opinion or Order Filing 69 CERTIFICATE OF SERVICE of Receivers Unopposed Motion for Permission to Return Funds to Caceis Bank Luxembourg Branch and the Proposed Order on July 19, 2021. Document filed by Robert A Musiala, Jr...(Molina, Marco)
July 19, 2021 Opinion or Order Filing 68 MOTION for Permission to Return Funds to Caceis Bank Luxembourg Branch (Unopposed Motion) re: #65 Memo Endorsement,, Set Deadlines, . Document filed by Robert A Musiala, Jr.. (Attachments: #1 Text of Proposed Order).(Molina, Marco)
July 15, 2021 Opinion or Order Filing 67 CERTIFICATE OF SERVICE of Receiver's Certified Initial Fee Application on July 15, 2021. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
July 15, 2021 Opinion or Order Filing 66 NOTICE of Receiver's Certified Initial Fee Application. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
July 15, 2021 Opinion or Order Filing 65 MEMO ENDORSEMENT on re: #62 LETTER MOTION for Conference for Leave to Return Funds to CACEIS Bank Luxembourg Branch addressed to Judge Lorna G. Schofield from Marco Molina dated July 14, 2021. filed by Robert A Musiala, Jr. ENDORSEMENT: By July 19, 2021, the Receiver shall file a proposed Unopposed Motion for Permission to Return Funds to CBLB. ( Motions due by 7/19/2021.) (Signed by Judge Lorna G. Schofield on 7/15/2021) (cf)
July 14, 2021 Opinion or Order Filing 64 CERTIFICATE OF SERVICE of Pre-Motion Letter Regarding Permission to Return Funds to Caceis Bank Luxembourg Branch and Declaration of Jean-Francois Abadie in Support on July 14, 2021. Document filed by Robert A Musiala, Jr...(Molina, Marco)
July 14, 2021 Opinion or Order Filing 63 DECLARATION of Jean-Francois Abadie in Support re: #62 LETTER MOTION for Conference for Leave to Return Funds to CACEIS Bank Luxembourg Branch addressed to Judge Lorna G. Schofield from Marco Molina dated July 14, 2021.. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit 1-Redemption Order, #2 Exhibit 2-Instruction, #3 Exhibit 3-SWIFT Message, #4 Exhibit 4-Representative Sample of Communications, #5 Exhibit 5-Request for Repayment).(Molina, Marco)
July 14, 2021 Opinion or Order Filing 62 LETTER MOTION for Conference for Leave to Return Funds to CACEIS Bank Luxembourg Branch addressed to Judge Lorna G. Schofield from Marco Molina dated July 14, 2021. Document filed by Robert A Musiala, Jr...(Molina, Marco)
May 28, 2021 Opinion or Order Filing 61 STATUS REPORT. (SEC's Status Letter) Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
May 14, 2021 Opinion or Order Filing 60 ORDER granting #58 Letter Motion for Extension of Time to File. The application is GRANTED. By July 16, 2021, the receiver shall file the quarterly fee application. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/14/2021) (rro)
May 13, 2021 Opinion or Order Filing 59 CERTIFICATE OF SERVICE of Letter Motion for Extension of Time to File Quarterly Fee Application served on Defendant Stefan Qin on May 13, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, Sean Hecker at Kaplan, Hecker & Fink LLP. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
May 13, 2021 Opinion or Order Filing 58 LETTER MOTION for Extension of Time to File Quarterly Fee Application addressed to Judge Lorna G. Schofield from Teresa M. Goody Guilln dated May 13, 2021. Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
April 30, 2021 Opinion or Order Filing 57 CERTIFICATE OF SERVICE of Receiver's Second Status Report on April 30, 2021. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
April 30, 2021 Opinion or Order Filing 56 STATUS REPORT. (Receiver's Second Status Report) Document filed by Robert A Musiala, Jr...(Goody Guillen, Teresa)
April 29, 2021 Opinion or Order Filing 55 ORDER granting #54 Letter Motion to Adjourn Conference. The application is GRANTED. The conference scheduled for May 6, 2021, is adjourned to September 9, 2021, at 11:00 a.m., on the following conference call line: 888-363-4749, access code 558-3333. The time of the conference is approximate but the parties shall be ready to proceed by that time. By 30 days from the date of this Order, and every 30 days thereafter, Plaintiff shall file a letter updating the Court as to the status of Defendant's criminal proceeding. Initial Conference set for 9/9/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/29/2021) (cf)
April 28, 2021 Opinion or Order Filing 54 SECOND LETTER MOTION to Adjourn Conference (scheduled for 5/6/2021) addressed to Judge Lorna G. Schofield from Susan F. LaMarca dated April 28, 2021. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
April 27, 2021 Opinion or Order Filing 53 ORDER granting #52 Motion for Teresa Goody Guillen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Lewis, Barton)
March 2, 2021 Opinion or Order Filing 52 MOTION for Teresa Goody Guillen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24154502. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Affidavit in Support with Annexed Certificates of Good Standing, #2 Text of Proposed Order, #3 Certificate of Service).(Goody, Teresa)
March 2, 2021 Opinion or Order Filing 51 ORDER granting #50 Letter Motion to Adjourn Conference. The application is GRANTED. The initial pre-trial conference scheduled for March 4, 2021, is adjourned to May 6, 2021, at 11:00 a.m., on the following conference call line: 888-363-4749, access code 558-3333. The time of the conference is approximate but the parties shall be ready to proceed by that time. Initial Conference set for 5/6/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/2/2021) (cf)
March 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for Teresa Goody Guillen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24154502. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 1, 2021 Opinion or Order Filing 50 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Susan F. LaMarca dated March 1, 2021. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
February 26, 2021 Opinion or Order Filing 49 ORDER: It is hereby ORDERED that the parties shall file the joint letter and proposed case management plan as soon as possible and no later than March 1, 2021. If the parties believe the conference should be adjourned or cancelled, by March 1, 2021, they shall file a joint letter requesting adjournment or cancellation. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/26/2021) (cf)
February 23, 2021 Opinion or Order Filing 48 STIPULATION AND ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION: IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, pursuant to Federal Rule of Civil Procedure 26(c), that this Stipulation and Order Governing the Production and Exchange of Confidential Information (the "Stipulation and Order") will govern the handling of documents, deposition testimony, deposition exhibits, deposition transcripts, written discovery requests, interrogatory responses, responses to requests to admit, responses to requests for documents, and any other information or material produced, given, or exchanged, including any information contained therein or derived therefrom ("Discovery Material") by or among any Party or non Party providing Discovery Material (each a "Producing Party") in this Litigation. (As further set forth herein.) 7. During the pendency of this Litigation, any Party objecting to the designation of any Discovery Material or testimony as Confidential Discovery Material may, after making a good faith effort to resolve any such objection, move on reasonable notice for an order vacating the designation. While such an application is pending, the Discovery Material or testimony in question shall be treated as Confidential Discovery Material pursuant to this Stipulation and Order. The Receiving Party may file the Confidential Discovery Materials in question under seal for the Court's in camera inspection subject to the governing provisions in the Federal Rules of Civil Procedure and the Court's Individual Rules and Procedures for Civil Cases. In connection with any such motion, the party with an interest in sealing bears the burden of persuasion per the Individual Rules. 25. The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/23/2021) (va)
February 22, 2021 Opinion or Order Filing 47 CERTIFICATE OF SERVICE of Receivers Initial Status Report served on Stefan Qin c/o Kaplan, Hecker & Fink LLP on February 22, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, and Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 22, 2021 Opinion or Order Filing 46 STATUS REPORT. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 22, 2021 Opinion or Order Filing 45 CERTIFICATE OF SERVICE of Stipulation and Proposed Order Governing the Production and Exchange of Confidential Information served on Stefan Qin c/o Kaplan, Hecker & Fink LLP on February 22, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, and Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 22, 2021 Opinion or Order Filing 44 PROPOSED STIPULATION AND ORDER. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A - Routine Uses of Information).(Molina, Marco)
February 17, 2021 Opinion or Order Filing 43 ORDER AUTHORIZING RECEIVER TO RETAIN NELSONS ATTORNEYS-AT-LAW, LTD granting #39 Motion to Approve. IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED; and 2. The Receiver is authorized to retain Nelsons as provided in the Motion. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/17/2021) (cf)
February 16, 2021 Opinion or Order Filing 42 CERTIFICATE OF SERVICE of Notice of Receivers Motion for an Order Approving the Retention of Nelsons Attorneys-at-Law, Ltd, Memorandum of Law in Support of Receivers Motion for an Order Approving the Retention of Nelsons Attorneys-at-Law, Ltd, Declaration of Bari R. Nadworny with Exhibits A and B, and Proposed Order Authorizing Receiver to Retain Nelsons Attorneys-at-Law, Ltd served on Stefan Qin c/o Kaplan, Hecker & Fink LLP on February 16, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, and Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 16, 2021 Opinion or Order Filing 41 DECLARATION of Bari R. Nadworny in Support re: #39 MOTION to Approve the Retention of Nelsons Attorneys-at-Law, Ltd. .. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A - Virgil Sigma Fund LP, #2 Exhibit B - VQR Multistrategy Cayman Feeder Fund Ltd).(Nadworny, Bari)
February 16, 2021 Opinion or Order Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Approve the Retention of Nelsons Attorneys-at-Law, Ltd. . . Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 16, 2021 Opinion or Order Filing 39 MOTION to Approve the Retention of Nelsons Attorneys-at-Law, Ltd. . Document filed by Robert A Musiala, Jr.. (Attachments: #1 Text of Proposed Order).(Nadworny, Bari)
February 16, 2021 Opinion or Order Filing 38 CERTIFICATE OF SERVICE of Notice of Receivers Motion for an Order Approving the Retention of Ankura Consulting Group, LLC, Memorandum of Law in Support of Receivers Motion for an Order Approving the Retention of Ankura Consulting Group, LLC, Declaration of Bari R. Nadworny with Exhibit A, and Order Authorizing Receiver to RetainAnkura Consulting Group, LLC served on Stefan Qin c/o Kaplan, Hecker & Fink LLP on February 4, 2021. Service was accepted by Shawn G. Crowley, Louis W. Fisher, and Sean Hecker. Service was made by E-Mail. Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 4, 2021 Opinion or Order Filing 37 ORDER AUTHORIZING RECEIVER TO RETAIN ANKURA CONSULTING GROUP, LLC granting #34 Motion to Approve. IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED; and 2. The Receiver is authorized to retain Ankura as provided in the Motion. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/4/2021) (cf)
February 3, 2021 Opinion or Order Filing 36 DECLARATION of Bari R. Nadworny in Support re: #34 MOTION to Approve the Retention of Ankura Consulting Group, LLC. .. Document filed by Robert A Musiala, Jr.. (Attachments: #1 Exhibit A- Credentials and Qualifications of the Proposed Team of Ankura Consulting Group, LLC.).(Nadworny, Bari)
February 3, 2021 Opinion or Order Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Approve the Retention of Ankura Consulting Group, LLC. . . Document filed by Robert A Musiala, Jr...(Nadworny, Bari)
February 3, 2021 Opinion or Order Filing 34 MOTION to Approve the Retention of Ankura Consulting Group, LLC. . Document filed by Robert A Musiala, Jr.. (Attachments: #1 Text of Proposed Order).(Nadworny, Bari)
February 3, 2021 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Bari Robyn Nadworny on behalf of Robert A Musiala, Jr...(Nadworny, Bari)
February 3, 2021 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Marco Molina on behalf of Robert A Musiala, Jr...(Molina, Marco)
January 21, 2021 Opinion or Order Filing 31 ORDER APPOINTING RECEIVER: THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The parties' request to the Court for Appointment of a Receiver is GRANTED. 2. This Court hereby takes exclusive jurisdiction and possession of the assets, of whatever kind and wherever situated, including all Recoverable Assets, of Defendants Virgil Capital LLC, Montgomery Technologies, LLC, Virgil Technologies, LLC, Virgil Quantitative Research, LLC and VQR Partners, LLC, including without limitation the assets of Virgil Sigma Fund, LP and VQR Multistrategy Fund, LP (collectively, "Receivership Entities"). 3. Until further Order of this Court, Robert A. Musiala, Jr. of Baker Hostetler is hereby appointed to serve without bond as receiver (the "Receiver") for the estates of the Receivership Entities. The freeze of the Entity Defendants' assets, set forth in the Preliminary Injunction (ECF 27) is hereby lifted and shall not prevent the Receiver from carrying out his powers and duties as set forth herein. At the close of the receivership, the Receiver shall submit a Final Accounting, in a format to be provided by SEC staff, as well as the Receiver's final application for compensation and expense reimbursement. SO ORDERED (Signed by Judge Lorna G. Schofield on 1/21/2021) (ks) Transmission to Orders and Judgments Clerk for processing.
January 21, 2021 Opinion or Order Transmission to Finance Unit (Cashiers). Transmitted re: #31 Order Appointing Receiver,,,,,, to the Finance Unit (Cashiers) for case processing..(ks)
January 21, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #30 Proposed Order was reviewed and approved as to form. (km)
January 20, 2021 Opinion or Order Filing 30 PROPOSED ORDER. Document filed by United States Securities and Exchange Commission. Related Document Number: #29 ..(Lamarca, Susan) Proposed Order to be reviewed by Clerk's Office staff.
January 20, 2021 Opinion or Order Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Receiver's Proposal).(Lamarca, Susan)
January 7, 2021 Opinion or Order Filing 28 ORDER: Initial Conference set for 3/4/2021 at 11:00 AM before Judge Lorna G. Schofield, to be held telephonically in accordance with the instructions on the first page of this order. (Signed by Judge Lorna G. Schofield on 1/7/2021) (ks)
January 6, 2021 Opinion or Order Filing 27 PRELIMINARY INJUNCTION FREEZING ASSETS AND PROVIDING RELATED RELIEF: Having considered the parties' Stipulation and Proposed Order, and the prior moving papers of the Commission, the Court, finds that: This Court has jurisdiction over the subject matter of this action, and as to all parties and Defendants, and venue properly lies in this District. The Commission has made a sufficient and proper showing in support of the relief granted herein, as required by Section 20(b) of the Securities Act of 1933 ("Securities Act"), 15 U.S.C. 77t(b), and Section 21(d) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. 78u(b), by evidence showing that the Commission is likely to succeed on the merits, or alternatively, that an inference can be drawn that Entity Defendants have violated, or aided and abetted violations of, the securities laws, namely Section 17(a) of the Securities Act, 15 U.S.C. 77q(a); Section 10(b) of the Exchange Act, 15 U.S.C. 78j(b); and Exchange Act Rule 10b-5, 17 C.F.R. 240.10b-5. The Commission has further demonstrated that good cause exists to believe that an asset freeze is necessary to maintain the status quo and prevent the dissipation or expatriation of assets that likely belong to investors, and may be necessary to satisfy a judgment of disgorgement,prejudgment interest, and for civil penalties. It is therefore appropriate for the Court to issue this Preliminary Injunction, thus preventing the dissipation of assets and preserving the status quo. Good cause exists to believe that, unless restrained and enjoined by order of this Court, documents relevant to this action may be altered, destroyed or become unavailable for discovery. Good cause exists to believe that expedited discovery, in the form of subpoenas tothird parties, will assist in the maintenance of the asset freeze and will minimize costs. IT IS THEREFORE HEREBY ORDERED that the Plaintiff's request for a preliminary injunction, as modified by the parties' Stipulation, is hereby GRANTED. IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, a freeze shall remain in effect on: and as set forth herein. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/06/2021) (ama)
January 6, 2021 Opinion or Order Filing 26 STIPULATION AND ORDER FOR THE ENTRY OF PRELIMINARY INJUNCTION FREEZING ASSETS: IT IS THEREFORE STIPULATED AND AGREED that: 1) The Court's Temporary Restraining Order Freezing Assets and Order to Show Cause (Docket No. 19) is hereby entered as a Preliminary Injunction, with the following modifications described below, and shall remain in effect during the pendency of this litigation or until further order of the Court; and the Court should enter the order setting forth such relief submitted herewith, in accordance with Rule 65 of the Fed. R. of Civ. Proc. a. Notwithstanding the freeze of assets, Defendants may pay third-party MG Stover for its fund administration services previously completed and invoiced to the VQR Multistrategy Fund, LP, in an amount not to exceed $19,700. b. Upon the request of counsel for the Commission, each defendant shall provide information in his, or its, control identifying (1) the names, contact information, and payments received from and/or made to any and all investors in the Funds controlled or operated by any of the defendants, and (2) the location and value of all assets held by any defendant, Virgil Sigma Fund, LP or VQR Multistrategy Fund LP, or traceable to investor monies. c. Notwithstanding the time periods, and other requirements, of Rule 26 of the Federal Rules of Civil Procedure, the parties may proceed with discovery of documents from third parties pursuant to Rule 45. 2) The hearing currently scheduled for Friday, January 8, 2021, at 11:30 a.m. is cancelled. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/6/2021) (ks)
January 6, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (km)
January 5, 2021 Opinion or Order Filing 25 PROPOSED ORDER. Document filed by United States Securities and Exchange Commission. Related Document Number: #24 ..(Lamarca, Susan) Proposed Order to be reviewed by Clerk's Office staff.
January 5, 2021 Opinion or Order Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by United States Securities and Exchange Commission..(Lamarca, Susan)
January 5, 2021 Opinion or Order Filing 23 ORDER granting #16 Motion for Fitzann Ruby Reid to Appear Pro Hac Vice; granting #21 Motion for Susan Frances LaMarca to Appear Pro Hac Vice; granting #22 Motion for Steven Dennis Buchholz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
January 3, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Susan Frances LaMarca to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #22 MOTION for Steven Dennis Buchholz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 30, 2020 Opinion or Order Filing 22 MOTION for Steven Dennis Buchholz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Proposed Order Granting PHV).(Reid, Fitzann)
December 30, 2020 Opinion or Order Filing 21 MOTION for Susan Frances LaMarca to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Proposed Order Granting PHV).(Reid, Fitzann)
December 28, 2020 Opinion or Order Filing 20 ELECTRONIC SUMMONS ISSUED as to Montgomery Technologies LLC, Stefan Qin, VQR Partners LLC, Virgil Capital LLC, Virgil Quantitative Research, LCC, Virgil Technologies LLC..(pc)
December 24, 2020 Opinion or Order Filing 19 TEMPORARY RESTRAING ORDER FREEZING ASSETS AND ORDER TO SHOW CAUSE: IT IS THEREFORE HEREBY ORDERED that the SEC's Motion for a Temporary Restraining Order is GRANTED in part. IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, an immediate freeze shall be placed on: as set forth herein. Show Cause Hearing via telephone set for 1/8/2021 at 11:30 AM before Judge Lorna G. Schofield. The hearing will be held telephonically on the following conference call line: 888-363-4749, access code: 558-3333. All times herein are Eastern Standard Time. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/23/2020) (ama)
December 24, 2020 Opinion or Order Filing 18 CERTIFICATE OF SERVICE of ORDER - TEMPORARY RESTRAINING ORDER FREEZING ASSETS AND served on STEFAN QIN, VIRGIL TECHNOLOGIES LLC,: on December 24, 2020. Service was made by Mail. Document filed by United States Securities and Exchange Commission..(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 17 ORDER: WHEREAS, the Court is in receipt of Plaintiff's ex parte motion for a temporary restraining order and order to show cause (Dkt. No. 4). Accordingly, it is hereby ORDERED that on December 23, 2020, at 7:00 p.m., Plaintiff shall appear for a hearing on its motion on the following conference call line: 888-363-4749, access code: 558-3333. (Telephone Conference set for 12/23/2020 at 07:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/23/2020) (jca)
December 23, 2020 Opinion or Order Filing 16 AMENDED MOTION for Fitzann Ruby Reid to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Proposed Order Granting PHV).(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to STEFAN QIN, VIRGIL TECHNOLOGIES LLC, MONTGOMERY TECHNOLOGIES LLC, VIRGIL QUANTITATIVE RESEARCH, LLC, VIRGIL CAPITAL LLC, and VQR PARTNERS LLC, re: #1 Complaint. Document filed by United States Securities and Exchange Commission. (Attachments: #1 List of Defendants).(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to STEFAN QIN, VIRGIL TECHNOLOGIES LLC, MONTGOMERY TECHNOLOGIES LLC, VIRGIL QUANTITATIVE RESEARCH, LLC, VIRGIL CAPITAL LLC, and VQR PARTNERS LLC, re: #1 Complaint. Document filed by United States Securities and Exchange Commission. (Attachments: #1 List of Defendants).(Reid, Fitzann) Modified on 12/23/2020 (dnh).
December 23, 2020 Opinion or Order Filing 13 CIVIL COVER SHEET filed. (Attachments: #1 List of Attorneys).(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Fitzann R. Reid to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities & Exchange Commission. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Proposed Order Granting PHV).(Reid, Fitzann) Modified on 12/23/2020 (bcu).
December 23, 2020 Opinion or Order Filing 11 DECLARATION of Melissa Fox Murphy in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief.. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit 1 Sigma Fund marketing tear sheet, #2 Exhibit 2 Sigma Fund Exchange Agreement, #3 Exhibit 3 E-mail dated August 17, 2020, #4 Exhibit 4 Purported wires transfers dated September 2, 2020, #5 Exhibit 5 E-mail dated September 2, 2020, #6 Exhibit 6 E-mail dated November 16, 2020, #7 Exhibit 7 E-mail dated October 29, 2020, #8 Exhibit 8 E-mail dated December 7, 2020, #9 Exhibit 9 E-mail dated October 23, 2020, #10 Exhibit 10 E-mail dated December 2, 2020).(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 10 DECLARATION of Carey Harrold in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief.. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit 1 Email dated on or around June 29, 2020, #2 Exhibit 2 Email dated on or around July 17, 2020, #3 Exhibit 3 Spreadsheet labeled Exchange Balances 1 Jan 31 Dec 2019).(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 9 DECLARATION of Antonio Hallak in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief.. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit 1 Sigma Funds marketing tear sheet, #2 Exhibit 2 $275,000 promissory note, #3 Exhibit 3 $75,000 promissory note, #4 Exhibit 4 Confirmations of purported wire transfers, #5 Exhibit 5 December 15, 2020 message from Stefan Qin, #6 Exhibit 6 December 15, 2020 message from Stefan Qin, #7 Exhibit 7 Kraken account Withdraw online page, #8 Exhibit 8 December 15, 2020 message from Stefan Qin, #9 Exhibit 9 May 2020 letter re Investment).(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 8 DECLARATION of Amanda L. Straub in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief.. Document filed by Securities & Exchange Commission..(Reid, Fitzann)
December 23, 2020 Opinion or Order Filing 7 DECLARATION of Fitzann R. Reid in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief.. Document filed by Securities & Exchange Commission. (Attachments: #1 Exhibit 1 Virgil Quantitative Research certificate of formation, #2 Exhibit 2 Montgomery Technologies LLC Form ADV, #3 Exhibit 3 Sigma Fund Form D, #4 Exhibit 4 Records identifying Stefan Qin, #5 Exhibit 5 Virgil Capital Certificate of Registration, #6 Exhibit 6 VQR Fund Form D, #7 Exhibit 7 VQR Partners Certificate of Registration, #8 Exhibit 8 Wire transfer confirmations, #9 Exhibit 9 12/17/2020 email correspondence, #10 Exhibit 10 Silvergate Bank account statement, #11 Exhibit 11 Commonwealth Bank confirmation, #12 Exhibit 12 Commonwealth Bank account statements, #13 Exhibit 13 12/15/2020 press article, #14 Exhibit 14 Sigma Fund investor list).(Reid, Fitzann)
December 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Fitzann Reid to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
December 23, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Fitzann R. Reid to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of New York;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
December 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Fitzann Reid. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
December 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Fitzann Reid. The party information for the following party/parties has been modified: Securities & Exchange Commission. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
December 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Fitzann Reid to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the parties listed on the 'as to' docket entry text must be listed on the attached rider;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
December 23, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 AMENDED MOTION for Fitzann Ruby Reid to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 23, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. There is also a Emergency Motion Document No. 4. (dt)
December 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Fitzann Reid to RE-FILE Document No. #14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must match the caption on the pleading (Plaintiff name does not match). If the full caption does not fit you may list the leading party followed by 'et al.' Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
December 23, 2020 Opinion or Order Case Designated ECF. (jgo)
December 23, 2020 Opinion or Order Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
December 23, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
December 22, 2020 Opinion or Order Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Securities & Exchange Commission. Related Document Number: 04 ..(Reid, Fitzann) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
December 22, 2020 Opinion or Order Filing 5 MEMORANDUM OF LAW in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief. . Document filed by Securities & Exchange Commission..(Reid, Fitzann)
December 22, 2020 Opinion or Order Filing 4 EMERGENCY MOTION for Temporary Restraining Order For an Asset Freeze and Other relief. Document filed by Securities & Exchange Commission..(Reid, Fitzann)
December 22, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to STEFAN QIN, VIRGIL TECHNOLOGIES LLC, MONTGOMERY TECHNOLOGIES LLC, VIRGIL QUANTITATIVE RESEARCH, LLC, VIRGIL CAPITAL LLC, and VQR PARTNERS LLC, re: #1 Complaint. Document filed by Securities & Exchange Commission. (Attachments: #1 List of Defendants).(Reid, Fitzann)
December 22, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 List of Plaintiff Attorneys).(Reid, Fitzann)
December 22, 2020 Opinion or Order Filing 1 COMPLAINT against Montgomery Technologies LLC, Stefan Qin, VQR Partners LLC, Virgil Capital LLC, Virgil Quantitative Research, LCC, Virgil Technologies LLC. Document filed by Securities & Exchange Commission..(Reid, Fitzann)

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Search for this case: United States Securities and Exchange Commission v. Qin et al
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Defendant: Montgomery Technologies LLC
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Defendant: Virgil Technologies LLC
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Defendant: Stefan Qin
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Defendant: VQR Partners LLC
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Defendant: Virgil Capital LLC
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Defendant: Virgil Quantitative Research, LCC
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Plaintiff: Securities & Exchange Commission
Represented By: Fitzann Reid
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Plaintiff: United States Securities and Exchange Commission
Represented By: Fitzann Reid
Represented By: Susan F. Lamarca
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Receiver: Robert A Musiala, Jr.
Represented By: Marco Molina
Represented By: Bari Robyn Nadworny
Represented By: Teresa Goody Guillen
Represented By: John Joseph Carney
Represented By: Lauren Lyster
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