US Commodity Futures Trading Commission v. Capitalstreet Financial, LLC et al
Plaintiff: US Commodity Futures Trading Commission
Defendant: Capitalstreet Financial, LLC and Sean F. Mescall
Case Number: 3:2009cv00387
Filed: September 9, 2009
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: XX, Outside State
Presiding Judge: Robert J. Conrad
Presiding Judge: David Keesler
Nature of Suit: None
Cause of Action: 7 U.S.C. ยง 25 Fraud - Commodities Leverage Contracts
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 27, 2012 Opinion or Order Filing 90 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated January 11, 2012 and May 24, 2012. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(com)
May 24, 2012 Opinion or Order Filing 89 ORDER granting 88 Motion Appoint NFA as Post-Judgment Monitor. Signed by Chief Judge Robert J. Conrad, Jr on 5/24/12. (com) Modified text on 5/24/2012 (com).
January 11, 2012 Opinion or Order Filing 87 Findings of Fact, Conclusions of Law and Order of Final Judgement, Permanent Injunction, Civil Penalties and Other Equitable Relief 84 Motion for Default Judgment. Signed by Chief Judge Robert J. Conrad, Jr on 1/11/12. (Pro se litigant served by US Mail.)(chh)
April 19, 2011 Opinion or Order Filing 82 ORDER granting 79 Motion. The Final Receiver's Report and Accounting (Doc. No. 78) is APPROVED and the Receiver is hereby DISMISSED. Signed by Chief Judge Robert J. Conrad, Jr on 4/19/2011. (tmg)
April 11, 2011 Opinion or Order Filing 80 ORDER granting 77 Motion for Attorney Fees (Final Motion for Compensation to Grier Furr & Crisp PA). Signed by Magistrate Judge David Keesler on 4/11/11. (Pro se litigant served by US Mail.)(com)
January 4, 2011 Opinion or Order Filing 75 ORDER granting 67 Motion for Compensation to Edward P. Bowers and Middleswarth, Bowers and Company as Accountants for Temporary Receiver. Signed by Magistrate Judge David Keesler on 1/4/11. (gpb)
December 30, 2010 Opinion or Order Filing 72 ORDER granting 71 Motion for Disbursement of Funds. Signed by Chief Judge Robert J. Conrad, Jr on 12/30/10. (gpb)
December 8, 2010 Opinion or Order Filing 69 ORDER approving "Motion" 63 Receiver's Investor Claim Report; Administrative Claim Report; Receiver's Objections to Claims and Recommendations for Claims; and Notice of Deadline for Investors and/or Administrative Claimants to Object or Respond to Receivers Proposed Treatment of Claims. Signed by Chief Judge Robert J. Conrad, Jr on 12/8/10. (gpb)
November 1, 2010 Opinion or Order Filing 64 ORDER granting 62 Fifth Motion for Compensation to Grier Furr & Crisp, P.A., Attorneys For Temporary Receiver. Signed by Magistrate Judge David Keesler on 11/1/10. (gpb)
June 30, 2010 Opinion or Order Filing 58 ORDER granting 53 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 6/30/10. (Pro se litigant served by US Mail.)(gpb)
June 18, 2010 Opinion or Order Filing 56 ORDER granting in part and denying in part 46 Motion for Approval of Proposed Distribution Scheme and Other Relief. The claims submission, review and approval procedures, as well as the distribution of trust assets shall be administered by the receiver in accordance with the Attachment accompanying this Order. Motion 46 is denied in part as to the receiver's motion for approval and declaratory relief regarding the tax treatment of the Receivership Estate.Signed by Chief Judge Robert J. Conrad, Jr on 6/18/10. (Pro se litigant served by US Mail.)(gpb)
May 25, 2010 Opinion or Order Filing 51 ORDER OF CONTEMPT as to Defendant Sean F. Mescall. Defendant Mescall found in contempt of Court's Preliminary Injunction issued 9/16/09. Matter stayed as to imposition of civil contempt sanctions and referred to U.S. Attorney for consideration of prosecution of criminal contempt. Signed by Chief Judge Robert J. Conrad, Jr on 5/25/2010. (Pro se litigant served by US Mail.) Copy of order and transcript emailed to US Attorney on 5/25/2010.(bsw)
May 5, 2010 Opinion or Order Filing 41 ORDER granting 39 Third Motion for Compensation to Grier Furr & Crisp, P.A., Attorneys for Temporary Receiver. Signed by Magistrate Judge David Keesler on 5/4/10. (gpb)
March 10, 2010 Opinion or Order Filing 36 ORDER granting 30 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 3/9/10. (gpb)
March 5, 2010 Opinion or Order Filing 33 ORDER. Within ten days of this Order the CFTC shall submit a brief on the issue of the Courts authority to require responses from the defendant Sean Mescall where such responses might implicate his Fifth Amendment rights in a pending criminal matter. Signed by Chief Judge Robert J. Conrad, Jr on 3/5/10. (gpb)
January 11, 2010 Opinion or Order Filing 28 ORDER granting 19 Motion for Attorney Fees as to Grier Furr & Crisp, PA in the amount of $25,543.83. Signed by Magistrate Judge David Keesler on 1/8/10. (gpb)
January 7, 2010 Opinion or Order Filing 26 ORDER granting 24 Motion for Authority to Retain Brokers and Liquidate Certain Property Free and Clear of Liens and Encumbrances and to Deposit Net Proceeds in Receivership Bank Account. Signed by Chief Judge Robert J. Conrad, Jr on 1/6/10. (gpb)
November 20, 2009 Opinion or Order Filing 22 ORDER granting 21 Motion to Establish Case Procedures re: Receivership. Signed by Chief Judge Robert J. Conrad, Jr on 11/20/09. (gpb)
September 16, 2009 Opinion or Order Filing 14 PRELIMINARY INJUNCTION. Joseph W. Grier, III appointed as temporary receiver for Defendants and Relief Defendants. Signed by Chief Judge Robert J. Conrad, Jr on 9/16/09. (gpb)
September 9, 2009 Opinion or Order Filing 8 ORDER granting restraining order as requested in 6 EX PARTE MOTION for statutory restraining order, appt. of receiver, an accounting, expedited discovery and order to show cause why a preliminary injunction should not issue, ( Show Cause Hearing set for 9/16/2009 10:00 AM in Courtroom 2, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Robert J. Conrad Jr.), Set reponse deadline as to 6 MOTION for preliminary injunction (Responses due by 9/14/2009.). Signed by Chief Judge Robert J. Conrad, Jr on 9/9/9. (bsw)
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Plaintiff: US Commodity Futures Trading Commission
Represented By: Michael William Solinsky
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Defendant: Capitalstreet Financial, LLC
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Defendant: Sean F. Mescall
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