This case was last updated from U.S. District Courts on 06/29/2022 at 17:05:02 (UTC).

Commodity Futures Trading Commission v. Alexandre et al

Case Summary

On 05/11/2022 Commodity Futures Trading Commission filed a Finance - Security/Commodity/Exchange lawsuit against Alexandre. This case was filed in U.S. District Courts, New York Southern District Court. The Judge overseeing this case is Valerie E. Caproni. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-03822

  • Filing Date:

    05/11/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Security/Commodity/Exchange

Judge Details

Presiding Judge

Valerie E. Caproni

 

Party Details

Plaintiffs

ABC

Commodity Futures Trading Commission

Defendants

DEF

Eddy Alexandre

Eminifx Inc.

Receiver

David A Castleman

New York, NY 10020

Interested Party

Christopher Beil

Garden City, NY 11768

Attorney/Law Firm Details

Plaintiff Attorneys

Douglas Snodgrass

Attorney at U.S. Commodity Futures Trading Commission

77 W Jackson Blvd, Suite 800

Chicago, IL 60604

Elizabeth M Streit

Attorney at U.S. Commodity Futures Trading Commission

77 West Jackson Blvd, Suite 800

Chicago, IL 60604

Defendant Attorneys

Melissa Falk Wernick

Attorney at Chiesa Shahinian & Giantomasi PC

11 Times Square, 31St Floor

New York, NY 10036

Emil Bove, III

Attorney at Chiesa Shahinian & Giantomasi PC

11 Times Square, 34Th Floor

New York, NY 10036

Receiver Attorneys

David Allen Castleman

Attorney at Raines Feldman LLP

One Rockefeller Plaza, Ste 10Th Floor

New York, NY 10020

Christina McPhaul

Attorney at Raines Feldman LLP

One Rockefeller Plaza, 10Th Floor

New York, NY 10020

Gerard Roger Luckman

Attorney at Forchelli Deegan Terrana LLP

333 Earle Ovington Boulevard, Ste 1010

Uniondale, NY 11553

Kathy Bazoian Phelps

Attorney at Raines Feldman LLP

1800 Avenue Of The Stars, Ste 12Th Floor

Los Angeles, CA 90067

 

Court Documents

#63

(#63) LETTER addressed to Judge Valerie E. Caproni from Emil Bove dated June 24, 2022 re: Opportunity to respond to Receiver's June 23, 2022 application. Document filed by Eddy Alexandre..(Bove, Emil) (Entered: 06/24/2022)

#62

(#62) NOTICE OF APPEARANCE by Christina McPhaul on behalf of David A Castleman..(McPhaul, Christina) (Entered: 06/23/2022)

61 #1

Exhibit Offer Letter

61 #61

Main Document

#60

(#60) ORDER REQUIRING TURNOVER OF DEPOSIT TO RECEIVER: On June 16, 2022, this Court entered the Consent Preliminary Injunction in this case (Dkt.56) and, by Memo Endorsed Order (Dkt. 55), overruled the objection of non-parties Christopher Beil and Maureen Beil (the "Sellers"). Pursuant to a certain contract of sale dated as of April 11, 2022 (the "Contract") for the sale by Sellers to Purchaser (as defined therein) of 525 Manhasset Woods Road, Manhasset, New York 11030 (the "Property"), $535,000 was deposited (the "Deposit") into the escrow account of Sellers' counsel, Kirschenbaum & Kirschenbaum, P.C. ("Escrowee"). David Castleman, the court-appointed receiver (the "Receiver") over Defendant EminiFX, Inc. ("EminiFX") and assets of Defendant Eddy Alexandre ("Alexandre") traceable to customer funds, has stated a good faith belief that the Deposit is traceable to EminiFX customer funds, and provided the Court with justification for his belief, pursuant to paragraph 38 of the Consent Preliminary Injunction. The Escrowee shall turn over the Deposit to the Receiver within 3 business days from entry of this Order. Sellers' may make a claim in the normal claim process to be established by the Receiver with the approval of the Court at a later date, subject to the Receiver's right to review and object to such claim as part of the approved claims process. The Receiver shall hold the Deposit in the Alexandre Assets account pursuant to paragraph 38 of the Consent Preliminary Injunction. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/17/2022) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 06/17/2022)

58 #1

Exhibit Proposed Order

58 #58

Main Document

#59

(#59) MEMO ENDORSEMENT on re: #58 Letter Transmitting Proposed Order Related Doc. No. 49 filed by David A Castleman. ENDORSEMENT: The Seller's request for reconsideration is DENIED. The Court need not entertain a motion for reconsideration that seeks to relitigate old issues, present new theories of liability, or otherwise take a second bite at the apple. See Analytical Survs., Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012), as amended (July 13, 2012). Although the Court seriously doubts the Sellers' conversion theory on the merits, that theory is not a proper basis for a request for reconsideration. The decision cited by the Sellers was released on June 9th; the Sellers' initial request was on June 14 (Dkt. 49). The Sellers' attempt to argue a conversion theory is akin to presenting a new theory of liability or taking a second bite of the apple. Accordingly, the request is denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/16/22) (yv) (Entered: 06/17/2022)

57 #1

Exhibit Family Health Mgt, LLC v. Rohan Development, LLC

#9

(#9) ORDER granting #6 Motion re: #6 PLAINTIFF'S MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF: By no later than Friday, May 13, 2022, Plaintiff must email Chambers a proposed unsealing order. By no later than Monday, May 16, 2022, Plaintiff must serve the pleadings, this order, and all accompanying filings on Defendants. Plaintiff must file proof of such service on the docket by no later than Tuesday, May 17, 2022. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***. (Signed by Judge Valerie E. Caproni on 5/11/2022) (js) (Entered: 05/13/2022)

8 #1

Exhibit A

8 #8

Main Document

7 #1

Exhibit A

7 #7

Main Document

#6

(#9) ORDER granting #6 Motion re: #6 PLAINTIFF'S MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF: By no later than Friday, May 13, 2022, Plaintiff must email Chambers a proposed unsealing order. By no later than Monday, May 16, 2022, Plaintiff must serve the pleadings, this order, and all accompanying filings on Defendants. Plaintiff must file proof of such service on the docket by no later than Tuesday, May 17, 2022. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***. (Signed by Judge Valerie E. Caproni on 5/11/2022) (js) (Entered: 05/13/2022)

#5

(#5) COMPLAINT against Eddy Alexandre, Eminifx Inc. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js) (Entered: 05/13/2022)

#4

(#4) CIVIL COVER SHEET filed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5*** ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) (Entered: 05/13/2022)

#3

(#3) ORDER. This matter is before the Court on Plaintiff Commodity Futures Trading Commissions (CFTC) Ex Parte Motion for Leave to Lift Seal on this file and docket. In the Motion, the CFTC moves the Court to lift the seal because the reasons for the seal have been satisfied. Having considered the instant motion, the Court finds that the CFTC has demonstrated that the reasons for requesting the seal have been satisfied and that the seal on the file and court docketshould be lifted. Accordingly, it is now ORDERED: Plaintiff Commodity Futures Trading Commissions Ex Parte Motion for Leave to Lift the Seal on this case and Docket is GRANTED. Records Management is hereby directed to upload all documents filed to date on the Electronic Case Filing system. SO ORDERED. (Signed by Judge Valerie E. Caproni on 05/12/2022)(jus) (Entered: 05/12/2022)

94 More Documents Available

 

Docket Entries

  • 06/28/2022
  • View Court Documents
  • Docket(#66) ORDER granting #61 Letter Motion to Expedite. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/28/2022) (tg) (Entered: 06/28/2022)

    Read MoreRead Less
  • 06/27/2022
  • Docket(#65) LETTER addressed to Judge Valerie E. Caproni from Emil Bove dated June 27, 2022 re: Receiver's June 23, 2022 motion. Document filed by Eddy Alexandre..(Bove, Emil) (Entered: 06/27/2022)

    Read MoreRead Less
  • 06/27/2022
  • View Court Documents
  • Docket(#64) MEMO ENDORSEMENT on re: #63 Letter filed by Eddy Alexandre. ENDORSEMENT: Application GRANTED. Mr. Alexandre is hereby directed to provide the Court with an update regarding his position by June 28, 2022. SO ORDERED. ( Responses due by 6/28/2022) (Signed by Judge Valerie E. Caproni on 6/27/2022) (tg) (Entered: 06/27/2022)

    Read MoreRead Less
  • 06/24/2022
  • View Court Documents
  • Docket(#63) LETTER addressed to Judge Valerie E. Caproni from Emil Bove dated June 24, 2022 re: Opportunity to respond to Receiver's June 23, 2022 application. Document filed by Eddy Alexandre..(Bove, Emil) (Entered: 06/24/2022)

    Read MoreRead Less
  • 06/23/2022
  • View Court Documents
  • Docket(#62) NOTICE OF APPEARANCE by Christina McPhaul on behalf of David A Castleman..(McPhaul, Christina) (Entered: 06/23/2022)

    Read MoreRead Less
  • 06/23/2022
  • View Court Documents
  • Docket(#61) LETTER MOTION to Expedite Receiver's Application for Approval to Sell Certain Computers, Electronics, Office Equipment, Furniture and Supplies of EminiFX, Inc. addressed to Judge Valerie E. Caproni from Gerard R Luckman dated June 23. 2022. Document filed by David A Castleman. (Attachments: #1 Exhibit Offer Letter).(Luckman, Gerard) (Entered: 06/23/2022)

    Read MoreRead Less
  • 06/17/2022
  • View Court Documents
  • Docket(#60) ORDER REQUIRING TURNOVER OF DEPOSIT TO RECEIVER: On June 16, 2022, this Court entered the Consent Preliminary Injunction in this case (Dkt.56) and, by Memo Endorsed Order (Dkt. 55), overruled the objection of non-parties Christopher Beil and Maureen Beil (the "Sellers"). Pursuant to a certain contract of sale dated as of April 11, 2022 (the "Contract") for the sale by Sellers to Purchaser (as defined therein) of 525 Manhasset Woods Road, Manhasset, New York 11030 (the "Property"), $535,000 was deposited (the "Deposit") into the escrow account of Sellers' counsel, Kirschenbaum & Kirschenbaum, P.C. ("Escrowee"). David Castleman, the court-appointed receiver (the "Receiver") over Defendant EminiFX, Inc. ("EminiFX") and assets of Defendant Eddy Alexandre ("Alexandre") traceable to customer funds, has stated a good faith belief that the Deposit is traceable to EminiFX customer funds, and provided the Court with justification for his belief, pursuant to paragraph 38 of the Consent Preliminary Injunction. The Escrowee shall turn over the Deposit to the Receiver within 3 business days from entry of this Order. Sellers' may make a claim in the normal claim process to be established by the Receiver with the approval of the Court at a later date, subject to the Receiver's right to review and object to such claim as part of the approved claims process. The Receiver shall hold the Deposit in the Alexandre Assets account pursuant to paragraph 38 of the Consent Preliminary Injunction. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/17/2022) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 06/17/2022)

    Read MoreRead Less
  • 06/17/2022
  • View Court Documents
  • Docket(#58) LETTER addressed to Judge Valerie E. Caproni from Gerard R Luckman dated June 17, 2022 re: Transmitting Proposed Order Related Doc. No. 49. Document filed by David A Castleman. (Attachments: #1 Exhibit Proposed Order).(Luckman, Gerard) (Entered: 06/17/2022)

    Read MoreRead Less
  • 06/16/2022
  • View Court Documents
  • Docket(#59) MEMO ENDORSEMENT on re: #58 Letter Transmitting Proposed Order Related Doc. No. 49 filed by David A Castleman. ENDORSEMENT: The Seller's request for reconsideration is DENIED. The Court need not entertain a motion for reconsideration that seeks to relitigate old issues, present new theories of liability, or otherwise take a second bite at the apple. See Analytical Survs., Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012), as amended (July 13, 2012). Although the Court seriously doubts the Sellers' conversion theory on the merits, that theory is not a proper basis for a request for reconsideration. The decision cited by the Sellers was released on June 9th; the Sellers' initial request was on June 14 (Dkt. 49). The Sellers' attempt to argue a conversion theory is akin to presenting a new theory of liability or taking a second bite of the apple. Accordingly, the request is denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/16/22) (yv) (Entered: 06/17/2022)

    Read MoreRead Less
  • 06/16/2022
  • View Court Documents
  • Docket(#57) LETTER addressed to Judge Valerie E. Caproni from Christopher Beil and Maureen Beil dated June 16, 2022 re: request Court reconsider entering Order directing turnover of earnest money deposit. Document filed by Christopher Beil. (Attachments: #1 Exhibit Family Health Mgt, LLC v. Rohan Development, LLC).(Dillon, Scott) (Entered: 06/16/2022)

    Read MoreRead Less
52 More Docket Entries
  • 05/12/2022
  • View Court Documents
  • Docket(#9) ORDER granting #6 Motion re: #6 PLAINTIFF'S MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF: By no later than Friday, May 13, 2022, Plaintiff must email Chambers a proposed unsealing order. By no later than Monday, May 16, 2022, Plaintiff must serve the pleadings, this order, and all accompanying filings on Defendants. Plaintiff must file proof of such service on the docket by no later than Tuesday, May 17, 2022. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***. (Signed by Judge Valerie E. Caproni on 5/11/2022) (js) (Entered: 05/13/2022)

    Read MoreRead Less
  • 05/12/2022
  • View Court Documents
  • Docket(#8) MEMORANDUM OF LAW in Support re: #6 PLAINTIFF'S EMERGENCY MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) (Additional attachment(s) added on 5/13/2022: #1 Exhibit A) (js). (Main Document 8 replaced on 5/26/2022) (js). (Entered: 05/13/2022)

    Read MoreRead Less
  • 05/12/2022
  • View Court Documents
  • Docket(#7) PROPOSED ORDER GRANTING PLAINTIFFS MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF Document filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A).***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js) (Entered: 05/13/2022)

    Read MoreRead Less
  • 05/12/2022
  • View Court Documents
  • Docket(#6) PLAINTIFF'S MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js) (Entered: 05/13/2022)

    Read MoreRead Less
  • 05/12/2022
  • View Court Documents
  • Docket(#5) COMPLAINT against Eddy Alexandre, Eminifx Inc. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js) (Entered: 05/13/2022)

    Read MoreRead Less
  • 05/12/2022
  • View Court Documents
  • Docket(#4) CIVIL COVER SHEET filed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5*** ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) (Entered: 05/13/2022)

    Read MoreRead Less
  • 05/12/2022
  • View Court Documents
  • Docket(#3) ORDER. This matter is before the Court on Plaintiff Commodity Futures Trading Commissions (CFTC) Ex Parte Motion for Leave to Lift Seal on this file and docket. In the Motion, the CFTC moves the Court to lift the seal because the reasons for the seal have been satisfied. Having considered the instant motion, the Court finds that the CFTC has demonstrated that the reasons for requesting the seal have been satisfied and that the seal on the file and court docketshould be lifted. Accordingly, it is now ORDERED: Plaintiff Commodity Futures Trading Commissions Ex Parte Motion for Leave to Lift the Seal on this case and Docket is GRANTED. Records Management is hereby directed to upload all documents filed to date on the Electronic Case Filing system. SO ORDERED. (Signed by Judge Valerie E. Caproni on 05/12/2022)(jus) (Entered: 05/12/2022)

    Read MoreRead Less
  • 05/11/2022
  • Docket(#2) SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/11/2022)

    Read MoreRead Less
  • 05/11/2022
  • DocketMagistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (nmo) (Entered: 05/11/2022)

    Read MoreRead Less
  • 05/10/2022
  • Docket(#1) ***Sealed*** ORDER, Case sealed. (Signed by Judge Loretta A. Preska on 05/10/2022) (nmo) (Entered: 05/11/2022)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where DEF CORP is a litigant

Latest cases where ABC CORPORATIONS 1-100 is a litigant