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

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MARSHALL GANDY Attorney for Plaintiff UNITED STATES SECURITIES AND EXCHANGE COMMISSION Texas Bar No. 07616500 Burnett Plaza, Suite 1900 801 Cherry Street, Unit #18 Fort Worth, Texas 76102-6882 [email protected] Telephone: (817) 978-6464 Facsimile: (817) 978-4927 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PHOENIX DIVISION Securities and Exchange Commission, Plaintiff, vs. Ronald Stephen Holt, et al. Defendants, and Annette Holt, et al. Defendants Solely for Purposes of Equitable Relief. ______________________________________________ Related Cases: CFTC v. International Funding Association, et al. Case Number: 03-CV-1826-PHX-PGR Investors in IFA, et al. v. International Funding Association, et al. Case Number: 03-CV-1302 PHX-PGR CASE NO. CV 03-1825-PHX-PGR Joint Motion for Order Holding Defendant Ronald Stephen Holt has Purged his Civil Contempt

Case 2:03-cv-01825-PGR

Document 321

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Joint Motion for Order Holding Defendant Ronald Stephen Holt has Purged his Civil Contempt Plaintiff, Securities and Exchange Commission ("Commission"), related cases Plaintiffs, Commodity Futures Trading Commission ("CFTC"), Lawrence J. Warfield, the court-appointed receiver ("Receiver") and Defendant Ronald Stephen Holt ("Defendant" or "Holt") jointly file this Motion for Order Holding Defendant Ronald Stephen Holt has Purged his Civil Contempt ("Joint Motion") and based on the following respectfully request that the Court to enter an order holding that Defendant has now purged his civil contempt. I. Relevant Procedural History 1. On September 18, 2003, the Commission and the Commodities Futures

Trading Commission ("CFTC") filed Complaints in their respective causes of action. 2. On September 29, 2003, the court entered an Order Appointing Receiver,

and later on November 10, 2003, the Court modified the order and entered an Amended Order Appointing Receiver 3. On May 24, 2004, Plaintiffs in the related cases and the Receiver filed a

Joint Motion for an Order to Show Cause and Order Holding Defendant Ronald Stephen Holt in Contempt ("Joint Motion"). 4. On July 27, 2004 after a hearing, the Court found by clear and convincing

evidence, that Holt had committed at least twenty-five acts of civil contempt of the Court's previous orders, found his explanations unworthy of belief, and entered an Order Holding Ronald Holt in Civil Contempt of Court.

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5.

On no less than six occasions since the entry of the Order Holding Ronald

Holt in Civil Contempt of Court, Holt has asserted that he had purged his contempt and requested that the Court release him from incarceration. On each occasion, after a hearing, the Court has found that contrary to the Defendant's assertions not only had he failed to purge his contempt, but he had committed further acts of contempt while on furlough and noting that he had done nothing to account for or turn over missing receivership assets. 6. On November 10, 2006, Defendant executed the sworn Declaration of

Ronald Stephen Holt. [Attached hereto as Exhibit A] Based on the Declaration of Ronald Stephen Holt the parties respectfully request that the Court enter an order finding that the Defendant has now purged his civil contempt as contained in the Order Holding Ronald Holt in Civil Contempt of Court entered on July 27, 2004 and further requests that the Court vacate the hearing on the contempt now set for Monday, November 13, 2006 at 2:30 p.m. Dated: November 10, 2006. Respectfully submitted, /s/ Marshall Gandy MARSHALL GANDY Texas Bar No. 07616500 Attorney for Plaintiff Securities and Exchange Commission Burnett Plaza, Suite 1900 801 Cherry Street, Unit #18 Fort Worth, Texas 76102-6882 Telephone: (817) 978-6464 Facsimile: (817) 978-4927 [email protected]

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Jointly submitted:

/s/ Timothy J. Mulreany Timothy J. Mulreany Chief Trial Attorney D.C. Fed. Bar No.: 467478 Division of Enforcement U.S. Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street, NW Washington, D.C. 20581 Telephone: (202) 418-5306 Facsimile: (202) 418-5542

/s/ Patrick M. Murphy Patrick M. Murphy Arizona Bar No. 002964 Attorney for the Receiver Lawrence J. Warfield Guttilla & Murphy, P.C. 4150 West Northern Avenue Phoenix, Arizona 85051 Telephone: (623) 937-2795 Fax: (623) 937-6897

/s/ Michael S. Reeves Attorney for the Defendant Ronald Stephen Holt 1212 East Osborn Phoenix, Arizona 85014 Telephone: (602) 604-7577 Fax: (602) 604-7555

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