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Securities and Exchange Commisison v. Bajic, 20-cv-00007-LGS. (2020)

Court: District Court, S.D. New York Number: infdco20200110c64 Visitors: 7
Filed: Jan. 09, 2020
Latest Update: Jan. 09, 2020
Summary: ORDER FREEZING AND REPATRIATING ASSETS LORNA G. SCHOFIELD , District Judge . Having considered the motion for an asset freeze, and other preliminary relief filed by plaintiff Securities and Exchange Commission ("the Commission"), as well as the Complaint, the Commission's memorandum of law, and the accompanying declaration of Trevor Donelan, the Court finds that the Commission has shown that: (1) it is reasonably likely to establish that Steve M. Bajic, Rajesh Taneja, Norfolk Heights Ltd.,
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ORDER FREEZING AND REPATRIATING ASSETS

Having considered the motion for an asset freeze, and other preliminary relief filed by plaintiff Securities and Exchange Commission ("the Commission"), as well as the Complaint, the Commission's memorandum of law, and the accompanying declaration of Trevor Donelan, the Court finds that the Commission has shown that: (1) it is reasonably likely to establish that Steve M. Bajic, Rajesh Taneja, Norfolk Heights Ltd., Fountain Drive Ltd., Island Fortune Global Ltd., Crystalmount Ltd., Wisdom Chain Ltd., SSID Ltd., Sure Mighty Ltd., and Tamarind Investments Inc. (collectively, the "Bajic-Taneja Defendants") have directly or indirectly engaged in the violations alleged in the Complaint; (2) there is a likelihood that unless restrained and enjoined by Order of this Court, the Bajic-Taneja Defendants may dissipate and conceal assets which could be subject to an order of disgorgement or an order to pay a civil monetary penalty in this action; and (3) entry of an order repatriating the Bajic-Taneja Defendants' assets to the United States is in the public interest. In consideration of the foregoing:

I.

IT IS HEREBY ORDERED that:

A. The Bajic-Taneja Defendants, and each of their officers, agents, servants, employees and attorneys and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, including facsimile transmission, electronic mail, or overnight delivery service, shall hold and retain funds and other assets of the Bajic-Taneja Defendants and presently held by them, for their direct or indirect benefit, under their direct or indirect control or over which they exercise actual or apparent investment or other authority (including assets held in the name of or for the benefit of the Bajic-Taneja Defendants, in whatever form such assets may presently exist and wherever located, and shall prevent any withdrawal, sale, payment (including, but not limited to, any charges on any credit card or draws on any other credit arrangement)), transfer, dissipation, assignment, pledge, alienation, encumbrance, disposal, or diminution in value of any such funds or other assets, which are hereby frozen, including, but not limited to, such funds held in the following accounts:

Institution Location Possible Acct Name(s) Possible Acct No(s) China Galaxy Securities United States Rajesh Taneja x6000 International Fountain Drive Ltd. x7000 Island Fortune Global Ltd. TBD Crystalmount Ltd. TBD Wisdom Chain Ltd. TBD Sure Mighty Ltd. TBD SSID Ltd. TBD Tamarind Investments, Inc. TBD Chaine Des Rotisseurs Ltd. TBD DBS Bank (Hong Kong) Hong Kong Artefactor Limited x4377 Limited Sim Conference Limited x6777 Tamarind Investments, Inc. x8894 Hang Seng Bank Limited Hong Kong Digital Solutions Ltd. x6883 Sure Mighty Limited x6883 True Champion Holdings Ltd. x9883 HSBC Hong Kong Hong Kong Right Power Services Ltd. x0838 Success Zone Technology Ltd. x4838 Key Choice Corporation Ltd x3838 Fountain Drive Ltd. x3838 Oriental Rainbow Group Ltd. x0838 Alabron Capital Corp. x4838 Provido Ventures, Inc. x6838 Iceberg Investments x6838 Management Group LL Partner Ltd. x9838 RHB Securities (Hong Kong) Hong Kong Norfolk Heights Ltd. x2519 Limited Fountain Drive Ltd. x2050 Island Fortune Global Ltd. x1845 Crystalmount Ltd. x1864 Wisdom Chain Ltd. x3273 Sure Mighty Ltd. x3411 SSID Ltd. x2014 Tamarind Investments, Inc. x2447 Chaine Des Rotisseurs Ltd. x3511 Rajesh Taneja x1749 Steven Bajic x1841 Yuanta Securities (HK) Hong Kong Fountain Drive Ltd. 2385xxx Company Limited Tamarind Investments, Inc. 2380xxx Sure Mighty Ltd. 2402xxx Rajesh Taneja 1376xxx Bank of Singapore Singapore SSID Ltd. x3876 Fountain Drive Ltd. x3889 Tamarind Investments, Inc. x3890 Chaine Des Rotisseurs Ltd. x6113 Rajesh Taneja x3873 DBS Treasuries Private Client Singapore DBS Vickers Securities Singapore Overseas Chinese Banking Singapore Island Fortune Global Ltd. x5301 Corp. Pacific Asia Capital Pte Ltd. x0301 SSID Ltd. x0301 Crystalmount Ltd. x9301 Fountain Drive Ltd. x0301 United Overseas Bank Singapore Lion State Capital Pte Ltd. x9939 Star Step Limited x9521 Conversant Solutions Pte Ltd. x5740 Conversant Pte x6469 Golden Gulf Holdings Ltd. x6047 Bank of Montreal Canada Norfolk Heights Ltd. x3602 x9040 Wisdom Chain Ltd. x6917 Haywood Securities Canada Norfolk Heights Ltd. x005C Fountain Drive Ltd. x064C

B. All banks, brokerage, and other financial institutions (including but not limited to those listed in Paragraph I.A) and other persons or entities (including but not limited to payment processors, investors and/or promoters) that receive actual notice of this Order by personal service or otherwise, including via facsimile or email transmission, or overnight delivery service, holding any funds or other assets in the name, for the direct or indirect benefit, or under the direct or indirect control of the Bajic-Taneja Defendants or over which the Bajic-Taneja Defendants exercise actual or apparent investment or other authority, in whatever form such assets may presently exist and wherever located, shall hold and retain within their control and prohibit the withdrawal, removal, sale, payment (including, but not limited to, any charges on any credit card or draws on any other credit arrangement), transfer, dissipation, assignment, pledge, alienation, encumbrance, diminution in value, or other disposal of any such funds or other assets; and that such funds and assets are hereby frozen.

C. The above Paragraphs I.A and I.B shall immediately cease to apply to any assets located within the United States, including any bank, brokerage or other financial institution account, which becomes subject to any later order entered by any federal court as a result of proceedings which may be filed by the United States or any department or agency thereof under any federal civil or criminal forfeiture statute, to the extent such later order requires the transfer of any asset to the United States government.

II.

IT IS HEREBY FURTHER ORDERED that the Bajic-Taneja Defendants, and each of their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them 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, any and all funds or assets that presently may be located outside of the United States that were obtained directly or indirectly from the trading described in the Complaint.

III.

IT IS HEREBY FURTHER ORDERED that the conditions set forth in the preceding paragraphs of this Order shall expire on April 9, 2020, but this temporal limitation is applied without prejudice to an extension (upon Plaintiff's motion).

Source:  Leagle

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