Federal Trade Commission v. USA Financial, LLC

8:08-cv-00899 | M.D. Fla. | Aug 6, 2008

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FEDERAL TRADE COMMISSION, Plaintiff, CASE NO. 8:08-CV-899-T-17MAP USA FINANCIAL, LLC, et a1 . ,

Defendants. ORDER This cause is before the Court on: Dkt. 29 Motion for Living Expenses Dkt. 30 Memorandum Dkt. 31 Declaration Dkt. 37 Response Dkt. 65 Report and Recommendation This case is an action under Secs. 13(b) and 19 of the

Federal Trade Commission Act, 15 U.S.C. Secs. 539b) and 57b, and the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. Secs. 6101-6108.

The Court entered a Temporary Restraining Order and appointed a Receiver (Dkt. lo), and has entered a Stipulated Preliminary Injunction (Dkt . 74) .

Defendant John F. Buschel, Jr. requests that the Court release funds from the assets frozen by the TRO. The Federal Trade Commission filed a response in opposition to Defendant's Mot ion. Case No. 8:08-CV-899-T-17MAP

The assigned Magistrate Judge conducted a hearing (Dkt. 51) and issued a Report and Recommendation on Defendant Buschel's Motion for Living Expenses, in which it is recommended that the Court release those assets located in the current Wachovia bank account on behalf of Consumer Trust Financial; that Defendant should identify by specific account number the account held by Consumer Trust Financial at Wachovia Bank; and all other assets should remain frozen pursuant to the terms of the TRO.

The Report and Recommendation was filed on July 21, 2008. Defendant Buschel has now submitted the specific account numbers for accounts on behalf of Consumer Trust Financial. No objection to the Report and Recommendation (Dkt. 74) has been filed. After consideration, the Court adopts and incorporates the Report and Recommendation by reference. Accordingly, it is

ORDERED that the Report and Recommendation is adopted and incorporated by reference. The Motion for Living Expenses is granted in part and denied in part. The Court releases from the Temporary Restraining Order and Preliminary Injunction the assets in the current Wachovia bank accounts on behalf of Consumer Trust Financial. Apart from the release of the Wachovia bank accounts held on behalf of Consumer Trust Financial, the Motion for Living Expenses is denied. Case NO. 8:08-CV-899-T-l7MAP

DONE and ORDERED in Chambers, in Tampa, Florida on this Copies to: All parties and counsel of record