Securities and Exchange Commission v. Martin et al
| Securities and Exchange Commission |
| Shelby Dean Martin, D. Martin Enterprises, Inc. and DM Ventures, LLC |
| 5:2009cv00022 |
| March 6, 2009 |
| US District Court for the Western District of North Carolina |
| Securities/Commodities Office |
| Iredell |
| Carl Horn |
| Richard Voorhees |
| None |
| U.S. Government Plaintiff |
| 15:78m(a) Securities Exchange Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
66
ORDER OF DISBURSEMENT OF UNCLAIMED FUNDS. Signed by District Judge Richard Voorhees on 6/19/2014. (eef)
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Filing
65
ORDER granting 55 Motion for Disbursement of Unclaimed Funds. That the amount of $3,230.96 be disbursed to McKinley Van Jurney. Signed by District Judge Richard Voorhees on 4/9/14. (smj)
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Filing
60
ORDER granting 59 Motion for Leave to Appear for Show Cause Hearing. Hearing set for 1/6/14 @ 1:50 pm in Statesville before Judge Voorhees. Receiver is to serve copies of this order. Signed by District Judge Richard Voorhees on 12/20/13. (smj)
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Filing
52
ORDER granting 49 Motion to Close Estate and Discharge Receiver. The Receiver is ordered to keep all books and records, including bank statements and checks, for a period of 4 years after the entry of this order. The Receiver is discharged from any further liability or duties in this matter. Signed by District Judge Richard Voorhees on 10/20/13. (smj)
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Filing
46
ORDER ordering that the Receiver is directed and ordered to hold the shares of VAE in trust; Receiver is directed to reopen case should he determine that the shares significantly increase in value so they can be sold and a 2nd distribution be made to defrauded investors; upon Receiver determining that shares have value which merits a sale, Receiver is directed to file Motion to Reopen case and seek authority to sell the shares; Receiver directed to file such dcmts as may be required to close and finalize this matter w/i 5 days from date of entry of this Order; Clerk's office authorized to close this matter upon final resolution of any pleadings which may be filed by Receiver. Signed by District Judge Richard Voorhees on 10/8/2013. (cbb)
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Filing
44
ORDER granting Receiver's 40 Motion for Attorney Fees; granting in part and denying in part Receiver's 41 Supplemental Motion. Receiver shall begin distributing proceeds to victims on a pro rata basis after py mt of attys' fees and expenses, without recovering the VAE shares at this time. Receiver shall further submit w/i 3 mos of date on which this Order is filed a brief proposal regarding what should be done with these VAE shares. Signed by District Judge Richard Voorhees on 4/1/2013. (cbb)
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Filing
37
ORDER granting in part and denying in part 36 Motion for Authority to Close Estate. The Court's Order filed 3/30/12, is hereby stayed 4 weeks from the date on which this Order is filed. Signed by District Judge Richard Voorhees on 8/13/12. (smj)
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Filing
35
ORDER ordering that the relief requested in Receiver Pettit's 34 Report be granted. The Court's Order filed 3/30/2012 is hereby stayed through 8/9/2012. Furthermore, Receiver is hereby authorized to liquidate the publically traded shares identified in his June 5 Status Report. Finally, Receiver is directed to file a second report with the Court on or before 7/20/2012 indicating the status of his actions and efforts to liquidate dfts' publically and privately held equity interests. Signed by District Judge Richard Voorhees on 6/12/2012. (cbb)
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Filing
33
ORDER granting 32 Motion to Stay Order filed 3/30/2012. Court's Order is hereby stayed for a period of two months from date this Order is entered, during which tme Receiver is to attempt to obain and sell all the equi ty interests of Dft Martin and may be further stayed in light of addn'l filings submitted by Receiver. Receiver is directed to file a report with the Court on or before 6/5/2012 indicating the status of his actions and efforts to liquidate the publically and privately held equity interests of Dft Martin. Signed by District Judge Richard Voorhees on 4/26/2012. (cbb)
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Filing
31
ORDER granting 26 Motion for Order Directing that Assets of Shelby Dean Martin be Paid to the Federal Treasury. All funds held in the above-referenced escrow account are to be paid to the US Securities & Exchange Comm and thereafter deposited with the Crime Victims Fund in the US Treasury. Signed by District Judge Richard Voorhees on 3/30/2012. (cbb)
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Filing
30
ORDER APPOINTING RECEIVER WITH LIMITED POWERS. Signed by District Judge Richard Voorhees on 8/30/2011. (cbb)
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Filing
25
ORDER granting 24 Motion to Set Disgorgement and Civil Penalties Against Dfts Shelby Dean Martin, D. Martin Enterprises, Inc., and DM Ventures, LLC. and ordering that Dfts Martin, DM Enterprises, and DM Ventures be required to disgorge money in amt of $428,000 plus post-jgmt interest, representing amt Martin paid himself from January, 2004, until September, 2008. Post-jgmt interest shall accrue beginning on date of entry of this Order and shall be determined by us ing the Treasury Bill rate prevailing on the date of entry of this Order pursuant to 28 U.S.C. § 1961. Dfts further ordered to disgorge $42,382.78 in prejgmt interest, calculated from 3/1/2008 thru 4/1/2010, based upon IRS tax underpayment rates. Based on conduct described in paragraphs 1 through 27, it is appropriate to impose a third-tier civil penalty in amt of $130,000. Dfts Martin, DM Ventures, and DM Enterprises shall pay a third-tier civil monetary penalty, jointly and seve rally, in the amount of $130,000. This amount represents the maximum penalty for a natural person adjusted for inflation pursuant to 17 C.F.R. § 201.1003. Post-jgmt interest shall accrue beginning on date of entry of this Order and shall be determined by using the Treasury Bill rate prevailing on the date of entry of this Order pursuant to 28 U.S.C. § 1961. Signed by District Judge Richard Voorhees on 11/18/2010. (cbb)
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Filing
23
ORDER granting 22 Motion for Permanent Injunction. Signed by District Judge Richard Voorhees on 12/18/09. (smj)
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Filing
21
ORDER granting 20 Joint Motion to Sell Real Property. Signed by District Judge Richard Voorhees on 9/11/2009. (cbb)
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Filing
14
PRELIMINARY INJUNCTION. Signed by District Judge Richard Voorhees on 3/19/2009. (klg)
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Filing
7
ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, Order Freezing Assets, Order Prohibiting Destruction of Documents and Order Expediting Discovery. Show Cause hearing set for Friday, March 13, 2009, at 1:30 pm in Courtroom 1 of the Statesville Courthouse at 200 West Broad St., Statesville, NC. Order to be served on dfts on or before 3/6/2009 at 7 pm. Signed by District Judge Richard Voorhees on 3/6/3009. (cbb)
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