UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Transcription

1 Case 0:09-cv MJD-FLN Document 452 Filed 09/16/10 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA U.S. COMMODITY FUTURES TRADING COMMISSION, v. Plaintiff(s) Case No: 09-cv-3332 MJD/FLN TREVOR COOK d/b/a CROWN FOREX, LLC, PATRICK KILEY d/b/a CROWN FOREX, LLC, UNIVERSAL BROKERAGE FX and UNIVERSAL BROKERAGE FX DIVERSIFIED, OXFORD GLOBAL PARTNERS, LLC, OXFORD GLOBAL ADVISORS, LLC, UNIVERAL BROKERAGE FX ADVISORS, LLC f/k/a UBS DIVERSIFIED FX ADVISORS, LLC, UNIVERSAL BROKERAGE FX GROWTH, L.P. f/k/a UBS DIVERSIFIED FX GROWTH L.P., UNIVERSAL BROKERAGE FX MANAGEMENT, LLC f/k/a UBS DIVERSIFIED FX MANAGEMENT, LLC and UBS DIVERSIFIED GROWTH, LLC, R.J. ZAYED, Defendant(s) Receiver.

2 Case 0:09-cv MJD-FLN Document 452 Filed 09/16/10 Page 2 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Case No: 09-cv-3333 MJD/FLN v. Plaintiff(s) TREVOR G. COOK, PATRICK J. KILEY, UBS DIVERSIFIED GROWTH, LLC, UNIVERSAL BROKERAGE FX MANAGEMENT, LLC, OXFORD GLOBAL ADVISORS, LLC, and OXFORD GLOBAL PARTNERS, LLC, and Defendants BASEL GROUP, LLC, CROWN FOREX, LLC, MARKET SHOT, LLC, PFG COIN AND BULLION, OXFORD DEVELOPERS, S.A., OXFORD FX GROWTH, L.P., OXFORD GLOBAL MANAGED FUTURES FUND, L.P., UBS DIVERSIFIED FX ADVISORS, LLC, UBS DIVERSIFIED FX GROWTH, L.P., UBS DIVERSIFIED FX MANAGEMENT, LLC, CLIFFORD BERG, and ELLEN BERG, R.J. ZAYED, Relief Defendants. Receiver.

3 Case 0:09-cv MJD-FLN Document 452 Filed 09/16/10 Page 3 of 5 RECEIVER S MOTION FOR AN ORDER DIRECTING THE DEPOSIT OF FUNDS FROM UBS INTO THE COURT REGISTRY AND THE TRANSFER OF SAID FUNDS TO THE RECEIVER The Receiver, R.J. Zayed, respectfully moves the Court for an Order directing the deposit of funds from any of Trevor Cook s accounts at UBS AG, UBS S.A., or any UBS related entity ( UBS ) into the Court Registry. The Receiver further moves for an Order directing the Clerk of Court to transfer the principal of all such UBS funds received into the Court Registry to the Receiver. On November 23, 2009, the Court established a Receivership in the abovecaptioned SEC and CFTC cases, appointed R.J. Zayed as Receiver, and froze all assets of the Receivership Entities. See Order Appointing Receiver, SEC Docket No. 13 (Nov. 23, 2009); see also Amended Order Appointing Receiver, SEC Docket No. 18 (Nov. 24, 2009); Second Amended Order Appointing Receiver, SEC Docket No. 68 (Dec. 11, 2009); Order Imposing Asset Freeze and Other Ancillary Relief, SEC Docket No. 14 (Nov. 23, 2009); Order Identifying Frozen Accounts, SEC Docket No. 15 (Nov. 23, 2009); Ex Parte Statutory Restraining Order, CFTC Docket No. 21 (Nov. 23, 2009); Order Continuing Appointment of Temporary Receiver, CFTC Docket No. 96 (Dec. 11, 2009). The purpose of the Receivership is to marshal, preserve, account for, and liquidate the assets of the Receivership. Order Continuing Appointment of Temporary Receiver, CFTC Docket No. 96, at 3. The Receiver is charged with the duty of taking control of all assets of the Defendants wherever situated, including the repatriation of such assets. Order Continuing Appointment of Temporary Receiver, CFTC Docket No. 1

4 Case 0:09-cv MJD-FLN Document 452 Filed 09/16/10 Page 4 of 5 96, at 3 4; Order of Preliminary Injunction, Asset Freeze, and Other Ancillary Relief, SEC Docket No. 51 (Dec. 8, 2009), at After the Receivership was established, the Receiver discovered certain account statements for an account in Cook s name at UBS in the hard drives that the Receiver seized when he took control of the Receivership entities. Declaration of Tara C. Norgard, September 16, 2010, ( Norgard Decl. ) 2. The Receiver subsequently obtained additional documents about this account from UBS directly. Id. at 3. The documents obtained by the Receiver show that as of June 30, 2010, the balance in the account had a U.S. dollar value of $1,099,036. Id. at 4, Ex. 1. Cook has confirmed that the aforementioned UBS account was his and has signed a Letter of Directions directing UBS to transfer all funds held in his name at UBS to the Court Registry. Id. at 5, Ex. 2. WHEREFORE, the Receiver hereby moves for an Order directing: (1) The Clerk of Court shall receive all funds wired from UBS pursuant to Trevor G. Cook s Letter of Directions and deposit such funds into the Court Registry to be held in an interest-bearing account. (2) Upon deposit, the Clerk of Court shall disburse the principal of all funds received into the Court Registry from UBS to the Receiver, R.J. Zayed, c/o Carlson, Caspers, Vandenburgh & Lindquist, 225 South Sixth Street, Suite 3200, Minneapolis, MN

5 Case 0:09-cv MJD-FLN Document 452 Filed 09/16/10 Page 5 of 5 Dated: September 16, 2010 Respectfully submitted, /s/ Tara C. Norgard R.J. Zayed (MN Bar No. 309,849) Tara C. Norgard (MN Bar No. 307,683) Russell J. Rigby (MN Bar No. 323,652) Carlson, Caspers, Vandenburgh & Lindquist 225 S. 6 th Street, Suite 3200 Minneapolis, MN Telephone: (612) Facsimile: (612) tnorgard@ccvl.com 3