| For Pump and
Dump Scheme SEC Gets TRO On Lehner
Extended To Injunction in SDNY
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
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NY
Mag
SDNY Court
Exclusive, July 7 –
A pump and dump security fraud
scheme was indicted on April
14, and it was said that
DOMENIC CALABRIGO was arrested
in the Bahamas and HASAN
SARIO, a citizen and resident
of Turkey and also charged and
"remains at large."
On April
15 in the companion SEC case,
U.S. District Court for the
Southern District of New York
Judge Lewis J. Liman held a
proceeding. Inner City Press
covered it - and this "at
large" Hasan Sario called in.
Judge Liman asked Sario to
pause, noting that also
present was a lawyer who'd
said he is in the process of
being retained.
They adjourned
for five minutes, after which
the lawyer said Mr. Sario no
longer wished to directly
address the court.
A lawyer
who said he only represents
Domenic Calabrigo in the
criminal case said his client
is consenting to extradition
and should "be here in the
Souther District soon." The
SEC is seeking to freeze $39
million.
The SEC case was
set to reconvene in two weeks.
But on May 16 the SEC wrote in
to adjourn that, saying the
Calabrigo is negotiating a
Preliminary Injunction and
consent to the TRO being
extended for now.
On July 7, this:
"ORDER IMPOSING PRELIMINARY
INJUNCTION FREEZING ASSETS AND
GRANTING OTHER RELIEF AS TO
CURTIS ("CURT") LEHNER: NOW,
THEREFORE: IT IS HEREBY
ORDERED that the Commission's
application for a preliminary
injunction against Lehner is
GRANTED. IT IS FURTHER ORDERED
that pending a final
disposition of this action,
Lehner - and each of his
banks, financial and brokerage
institutions, agents,
servants, employees, and
attorneys, and those persons
in active concert or
participation with him who
receive actual notice of such
Order by personal service,
facsimile service, telephonic
notice, email notice or
otherwise, and each of them -
hold and retain within their
control, and otherwise prevent
any withdrawal, transfer,
pledge, encumbrance,
assignment, dissipation,
concealment or other disposal
(including the use of any
credit cards or any other
incurring of debt) of any
assets, funds, or other
property (including money,
virtual currency or other
digital asset, real or
personal property, tangible
assets, securities,
commodities, choses in action
or other property of any kind
whatsoever in whatever form
such assets may presently
exist and wherever located)
of, held by, or under the
control of Lehner, whether
held in his name or for his
direct or indirect beneficial
interest, and directing each
of the financial or brokerage
institution, debtors and
bailees, or any other person
or entity holding such assets,
funds, or other property of
Lehner to hold or retain
within its or his control and
prohibit the withdrawal,
removal, transfer or other
disposal of any such assets,
funds, or other properties,
including without limitation
all assets, funds, or other
properties held in Lehner's
name, held by Lehner, or under
Lehner's control, including
but not limited to the assets
listed in Schedule A, up to
the total value of $39.6
million. IT IS FURTHER ORDERED
that Lehner, and each of his
agents, services, employees
and attorneys, and those
persons in active concert or
participation with him who
receive actual notice of this
Order by personal service or
otherwise, including via
facsimile or email
transmission, or overnight
delivery service, and each of
them, shall, within five days
of receiving actual notice of
this Order, take such steps as
are necessary to repatriate
and deposit into the registry
of the Court in an interest
bearing account, the assets
listed on Schedule A (other
than real property and life
insurance policies). IT IS
FURTHER ORDERED that Lehner,
and any person or entity
acting at the direction of or
on behalf of him, is enjoined
and restrained from
destroying, altering, or
concealing all documents,
books, and records that are in
the possession, custody, or
control of him, his respective
agents, servants, employees,
and attorneys, and those
persons in active concert or
participation with him,
including documents that
concern the allegations in the
Complaint or Lehner's assets
or finances. IT IS FURTHER
ORDERED that, as provided in
the Federal Rule of Civil
Procedure 65(d)(2), this Order
shall be, and is, binding upon
Lehner and each of his
respective agents, servants,
employees and attorneys, and
those persons in active
concert or participation with
them and who receive actual
notice of this Order by
personal service, facsimile,
email, overnight courier, or
otherwise. SO ORDERED. (Signed
by Judge Lewis J. Liman on
7/7/2022)."
Inner City
Press will stay on this case.
It is Securities and Exchange
Commission v. Calabrigo, et
al., 22-cv-3096 (Liman).
The criminal case
is US v. Lehner, et al.,
21-cr-121 (Berman)
***
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