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

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MICHAEL S. REEVES, ESQ. State Bar Number: 010420 1212 East Osborn Phoenix, Arizona 85014 Tel: [602] 604-7577 Fax: [602] 604-7555 Attorney for Ronald Holt UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Investors in IFA et al., Plaintiff ) ) ) ) ) ) ) ) ) ) ) No. CV 03-1302 PHX PGR MOTION TO CONTINUE RONALD HOLT ON FURLOUGH AND TO RECONSIDER HOLDING RONALD HOLT IN CIVIL CONTEMPT Related Cases Commodities Futures Trading Commission v. Ronald Holt, et al., CV 03-1826 Securities and Exchange Commission v. Ronald Stephen Holt et al., CV03-1825

Vs.
International Funding Association et al., Defendants. )

On July 27, 2004, this Court entered its Order holding Ronald Holt (hereinafter "Mr. Holt") in civil contempt for a variety of reasons. Since that date, Mr. Holt has worked through his attorney towards purging himself of this Court's Order holding him in civil contempt. As best as undersigned counsel can determine, Mr. Holt has indeed satisfied all the requirements to purge himself from this Court's Order holding him in civil contempt with the exception of the issue identified in paragraph fourteen of this Court's Order dated July 27, 2004. Paragraph fourteen of this Court's Order dated July 27, 2004, identifies a Fed.R.Civ.P. 26(a)(1) filing purportedly dated or filed on March 16, 2004, by Mr. Holt. This Court relies on Mr. Holt's statement apparently contained within the March 16, 2004, filing to conclude Mr. Holt currently has knowledge of the existence, location and control of three million dollars of investor funds. Mr. Holt's apparent willful failure to return such funds is the crux of Mr. Holt's continued detention. Although undersigned counsel was not involved in this matter during that time period, undersigned counsel can find no record of any such filing. Additionally, Mr. Holt has repeatedly denied making any such statement either orally or in writing. As such, undersigned counsel has

Case 2:03-cv-01302-PGR

Document 157

Filed 01/30/2006

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reason to suspect that this Court's finding contained in paragraph fourteen of this Court's Order dated July 27, 2004, may be in error. As this Court is aware, Mr. Holt's position has been that he has no means or ability to return or produce the funds in question. Because such court finding is so material to Mr. Holt's continued detention pursuant to the contempt order in question, undersigned counsel requests both a continuation of the current furlough order as well as a hearing to reconsider the civil contempt order. Dated: January 30, 2006 /s/ MICHAEL S. REEVES CERTIFICATE OF SERVICE I hereby certify that on this date, January 30, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the following CM/ECT registrants: Marshall Gandy Merwin D. Grant Patrick M. Murphy by: /s/ Michael S. Reeves

I hereby certify that on January 30, 2006, I served the attached document by U.S. mail, fax and/or e-mail on the following, who are not registered participants of the CM/ECF System: Timothy J. Mulreany, Chief Trial Attorney Karon Powell, Trial Attorney Division of Enforcement 1155 21st Street, NW Washington, D.C. 20581 Attorneys for the Commodities Future Trading Commission Warfield & Company, CPAs 14555 North Scottsdale Rd., #340 Scottsdale, Az 85254 Receiver Thomas M. Connelly, Esq. 2425 East Camelback Road, Suite 880 Phoenix, Az 85016-4208

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Susanne Ingold, Esq. Burch & Cracchiolo, PA 702 East Osborn Rd., #200 P.O. Box 16882 Phoenix, AZ 85011-6882 by: /s/ Michael S. Reeves

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