Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Guttilla Murphy Anderson, P.C.

Guttilla Murphy Anderson, P.C.
Ariz. Firm No. 00133300

Patrick M. Murphy (Ariz. No. 002964)
4150 West Northern Avenue Phoenix, Arizona 85051 Email: [email protected] Phone: (623) 937-2795 Fax: (623) 937-6897

Attorneys for the Receiver

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Securities and Exchange Commission, Plaintiff, vs. Ronald Stephen Holt; and International Funding Association, Defendants, and Annette Holt; American Assets Limited Trust; Leonora Street Trust; Dover Childrens Trust; Clarendon Avenue Holding Trust; Dublin Holding Trust; Jeffery Williams (aka Jeffrey Williams); Mari Ann Alston; Pacific Central Asset Management; and American Benefit Card Services, Inc. Defendants Solely for Purposes of Equitable Relief. ) ) Cause No. CV 03-1825 PHX PGR ) ) ) JOINT MOTION TO HOLD BARRY T. ) JORDAN SR. IN CIVIL CONTEMPT OF ) COURT ) ) RE: PETITION NO. 24 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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The Receiver and real parties in interest, Noily Cope, Barry T. Jordan Jr. and Gail M. Christensen, as Conservator for G.J., a minor, request that the Court enter an order holding Barry T. Jordan, Sr., in civil contempt for his knowing violation of the Court orders.

Case 2:03-cv-01825-PGR

Document 368

Filed 02/14/2008

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Guttilla Murphy Anderson, P.C.

1.

This is an action brought by the United States Securities and Exchange

Commission ("Commission") to enforce the federal securities laws. The lawsuit deals with a massive Ponzi scheme perpetrated by International Funding Association ("IFA"), Ron Holt ("Holt") and others involving the sale of fraudulent and unregistered securities. 2. At the outset of the litigation the District Court entered an Order

Appointing Receiver which appointed Lawrence J. Warfield ("Receiver") as the Receiver of all assets of the defendants, including defendant American Assets Limited Trust ("AALT"). The Commission named AALT as a defendant and the Court asserted jurisdiction over all of its assets because the Commission had shown that a substantial amount of investor funds had gone to AALT for the purpose of acquiring certain real properties. 3. Following his appointment the Receiver conducted an investigation and

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discovered various properties held in the name of AALT and moved to secure those properties by, among other things, recording lis pendens on the properties. 4. One of the AALT properties identified by the Receiver was a single family

residence located at 10620 N. 84th Street, Scottsdale, Arizona ("84th Street House"). The Receiver's investigation showed that AALT had been used by both the IFA defendants and other unrelated persons to disguise the ownership and control of property including Barry T. Jordan, Sr. ("Jordan"). In particular, it was discovered that the 84th Street House had been placed in the name of AALT as trustee in order to hide Jordan's control and claimed ownership of the property. Jordan had created a series of four trusts to hold title to the 84th Street House with his two sons as the sole beneficiaries of the final trust.

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Guttilla Murphy Anderson, P.C.

5.

On September 6, 2006, the Receiver petitioned this Court for instructions

on what to do with the 84th Street House, recommending among other things that the property be sold and the proceeds used to reimburse the Receivership estate for its expenses and the balance paid to the beneficial owners, namely the two sons of Jordan and Noily Cope. 6. On February 8, 2007, following a hearing the Court agreed with the

recommendations of the Receiver and entered its Order Re: Petition No. 24 [Doc. #336], which provided as follows: NOW THEREFORE, IT IS ORDERED that: 1. Barry Jordan shall within ten (10) days of the entry of this Order vacate the single family residence located at 10620 N. 84th Street, Scottsdale, Arizona (hereafter the "Property"); and 2. The Receiver shall secure and prepare the Property for sale, and market and sell the Property in accordance with the procedures set forth in this Court's Order Approving Procedures for the Sale of Real Property Re: Petition No. 10 (Doc. #184) and apply the sale proceeds to pay (a) the existing encumbrances, including any secured obligations to the Sellers, (b) all costs of the sale and associated with Petition No. 24 incurred by the Receiver, (c) the amount of court ordered child support payments due and owing by Barry Jordan for the support of his children, and (d) the remaining balance in equal shares to the children of Barry Jordan, Barry T. Jordan Jr. and [G.J., a minor]. IT IS FURTHER ORDERED that pursuant to Rule 54(b), Fed.R.Civ.P., the Court makes the express determination that there is no just reason for delay and makes the express determination directing entry of this Order at this time as a final judgment. 7. Jordan timely filed a Motion for New Trial and/or to Alter or Amend

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Judgment Regarding Petition No. 24 [Doc. #337]. At the same time Jordan filed a Motion for Stay Regarding Petition No. 24 [Doc. #338]. Both motions were denied by the Court under its Order dated August 13, 2007 [Doc. #349], which order contained an extensive opinion by the Court in support of its decision.
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Guttilla Murphy Anderson, P.C.

8.

The orders of this Court, among other things, found that the ultimate

beneficiaries of the series of trusts who are entitled to the benefit of the 84th Street Property, are the two children born to Jordan and Noily Cope: Barry T. Jordan Jr. and G.J., a minor. 9. Jordan had actual notice of the above orders of the Court by reason of the

service of such orders by the Court's ECF system on his legal counsel of record. 10. Jordan subsequently filed a Notice of Appeal from the Court's Order Re:

Petition No. 24, but has not obtained further stay relief from this Court or the Ninth Circuit Court of Appeals. 11. The Receiver has repeatedly demanded that Jordan vacate the 84th Street

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Property as he is required to do under this Court's Order Re: Petition No. 24 [Doc. #333], but Jordan has failed and refused to do so in violation of that order. 12. Jordan's has intentionally failed and refused to comply with this Court's

Order Re: Petition No. 24 [Doc. #333]. WHEREFORE the Receiver respectfully requests that the Court: 1. Enter an Order to Show Cause, ordering Barry T. Jordan, Sr., to appear

before the Court at a time and date set by the Court, to show cause, if there be any, why the Court should not enter an order holding him in civil contempt of Court and sanctioning him as appropriate for his knowing and intentional violation of this Court's Order Re: Petition No. 24 [Doc. #333];

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2.

allowing a hearing, enter an order: a. Adjudging Barry T. Jordan, Sr., in civil contempt of Court for his

knowing and intentional violation of this Court's Order Re: Petition No. 24 [Doc. #333]; b. Directing the United States Marshal to take Jordan into custody and

incarcerate him until further order of this Court; c. Enjoining Jordan from entering, without the written permission of

the Receiver, within or upon the 84th Street Property or a buffer zone of 100 yards from the perimeter boundary of the property, or interfering with the Receiver's exclusive custody and control of the property or the Receiver's efforts to repair market and sell the property. d. Assessing a monetary sanction against Barry T. Jordan, Sr., for his

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knowing and intentional violation of this Court's Order Re: Petition No. 24, in an amount to be determined by the Court but not less than the costs incurred by the moving parties in obtaining the relief requested herein, including but not limited to reasonable attorneys fees. Respectfully submitted this 14th day of February, 2008. GUTTILLA MURPHY ANDERSON, P.C.

s/Patrick M. Murphy___________ Patrick M. Murphy Attorneys for the Receiver

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Guttilla Murphy Anderson, P.C.

FORRESTER & WORTH, PLLC

s/John R. Worth______________ John R. Worth Attorneys for Barry T. Jordan Jr. and Gail M. Christensen, Conservator for Geoffrey Jordan PAK & MORING PLC s/Tom Moring________________ Tom Moring Attorneys for Noily Cope PROOF OF SERVICE This is to certify that on this 14th day of February, 2008, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants on this case and on the attached Master Service List; and that the persons on the attached Master Service List who are not registered participants of the CM/ECF System have been served with a copy of the foregoing document by first class mail this date.

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s/Patrick M. Murphy Patrick M. Murphy

0835-001(71722)

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MASTER SERVICE LIST
SEC v. Ronald Stephen Holt, et al. United States District Court for the District of Arizona CV 03-1825 PHX FJM
(Rev. April 9, 2007)

Lawrence J. Warfield International Funding 14555 North Scottsdale Road, #340 Scottsdale, AZ 85254 Receiver Patrick M. Murphy Guttilla Murphy Anderson, P.C. 4150 West Northern Avenue Phoenix, Arizona 85051 Registered CM/ECF: [email protected] Counsel for Receiver Marshall M. Gandy Securities and Exchange Commission 801 Cherry Street, Suite 1900 Fort Worth, TX 76102 Registered CM/ECF: [email protected] Counsel for SEC Merwin D. Grant Grant & Vaughn, P.C. 6225 North 24th Street Suite 125 Phoenix, Arizona 85016 Registered CM/ECF: [email protected] Attorney for Relief Defendant Annette Holt

Ronald Stephen Holt and International Funding Association, Leonora Street Trust, Dover Children's Trust, Clarendon Avenue Holding Trust Dublin Holding Trust, Pacific Central Asset Management, American Benefit Card Services, Inc. Ronald Stephen Holt Central Arizona Detention Center Detainee Ronald Holt 82642008 1155 N. Pinal Parkway Florence, Arizona 85232 Robert L. Stanford Jeffery Williams aka Jeffrey Williams 8415 W. Alex Avenue Peoria, Arizona 85382. Relief Defendant American Assets Limited Trust c/o Registered Agent Michael Bloomquist 4410 W. Union Hills #7-233 Glendale, Arizona 85308 Relief Defendant Mari Ann Alston 305 Nordina Street Redlands, California 92373 Relief Defendant

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James Vaughn 100 South Antietam Place Tucson, Arizona 85710 Suzanne Ingold Burch & Cracchiolo, P.A. 702 E. Osborn Rd. #200 P.O. Box 16882 Phoenix, Arizona 85014-5281 Timothy J. Mulreany Commodity Futures Trading Commission Division of Enforcement 1155 21st Street, N.W. Washington, D.C. 20581 Thomas M. Connelly 2425 East Camelback Rd. Suite 880 Phoenix, Arizona 85016-4208 Michael S. Reeves Attorney at Law 1212 E. Osborn Phoenix, AZ 85014-5533 Registered CM/ECF: [email protected] Attorney for Defendant Ronald S. Holt

0835-001(19488)

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