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RECEIVER'S
INITIAL REPORT 9/25/17
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Exhibit A
RECEIVER'S
2nd STATUS REPORT 2/9/18
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Exhibit A
RECEIVER'S
3rd STATUS REPORT 5/16/18
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Exhibit A
RECEIVER'S
4th STATUS REPORT 8/10/18
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Exhibit A
RECEIVER'S
5th STATUS REPORT 11/2/18
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Exhibit A
RECEIVER'S
6th STATUS REPORT 5/1/19
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Exhibit A
RECEIVER'S
7th STATUS REPORT 8/19/19
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Exhibit A
RECEIVER'S
8th STATUS REPORT 2/17/20
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Exhibit A
RECEIVER'S
9th STATUS REPORT 7/7/20
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Exhibit A
RECEIVER'S 10th STATUS REPORT 1/29/21
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Exhibit A
RECEIVER'S 11th STATUS REPORT 7/27/21
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Exhibit A
RECEIVER'S 12th STATUS REPORT 1/31/22
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Exhibit A
RECEIVER'S 13th STATUS REPORT 7/28/22
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Exhibit A |
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Commodity Futures Trading
Commission's Complaint for Injunctive Relief and
Demand
for Jury Trial 7/10/17
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download]
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Plaintiff Commodity Futures
Trading Commission's Ex Parte Motion for Statutory
Restraining Order, Appointment of Temporary
Receiver, an Accounting, Expedited Discovery, Order
to Show Cause Regarding Preliminary Injunction, and
Other Equitable Relief - 7/10/17
[click here to
download]
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In
Camera Order Granting Plaintiff Commodity Futures Trading
Commission's Ex Parte Motion for Statutory Restraining Order, Appointment of Temporary Receiver, an
Accounting, Expedited Discovery, Order to Show Cause Regarding Preliminary Injunction,
and Other Equitable Relief - 7/12/17
[click here to
download]
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Order on Defendants
Michael Shah and Zilmil, Inc.'s (1) Unopposed Motion
to Continue Preliminary Injunction Hearing and
Corresponding Extension of Statutory Restraining
Order and Other Emergency Relief; and (2) Unopposed
Motion for Enlargement of Response Deadline to
Complaint - 7/21/17
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download]
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Consent Order for
Preliminary Injunction - 8/9/17
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download]
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Order for Preliminary
Injunction Against Defendants CIT Investments, LLC,
Brevspand EOOD, and CIT Investments, LTD - 8/10/17
[click here to
download]
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Consent Order of Permanent Injunction and Other
Statutory and Equitable Relief Against Jason B. Scharf
(d/b/a CITRADES.com and AUTOTRADINGBINARY.com) and A & J
Media Partners, Inc. - 12/18/18
[click here to download]
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Consent Order for
Permanent Injunction,
Civil Monetary Penalty, and Other Equitable Relief
Against Defendants Michael Shah and Zilmil, Inc. -
4/25/19
[click here
to download]
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Order for Final Judgment by Default, Permanent
Injunction, Civil Monetary Penalties, and Other
Statutory and Equitable Relief Against Defaulting
Citrades Defendants -
4/25/19
[click here to download]
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Order Approving Noticing and Claims Admin
Process and 7th Fee App and Motion Regarding
Quarterly Limits - 12/20/19
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download]
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Receiver's Unopposed Motion to Approve
Allowed Claims and Distribution to Claimants -
5/19/21
[click here to download]
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Exhibit A
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United States Commodity
Futures Trading Commission v. Jason B. Scharf d/b/a/
Citrades.com and AutoTradingBinary.com,
CIT Investments, LLC,
Brevspand EOOD,
CIT Investments, Ltd., A&J
Media Partners, Inc., Michael Shah, and Zilmil, Inc.
CASE NO.
3:17-cv-774-J-32-MCR
On July 10, 2017, the Commodity Futures Trading
Commission (“CFTC”) filed a Complaint for Injunctive
Relief and Demand for Jury Trial (the “Complaint”)
against Jason B. Scharf, who was doing business as
Citrades.com
and
AutoTradingBinary.com,
Michael Shah, Zilmil, Inc., and the other entities and
persons listed above (collectively, “Defendants”),
commencing the enforcement action of CFTC v. Scharf,
et al. (the “CFTC Action”) in the U.S. District
Court for the Middle District of Florida (the “District
Court”).
In the Complaint, the CFTC alleges, among other things,
that Jason Scharf, CIT Investments, LLC, Brevspand EOOC,
CIT Investments, Ltd., and A&J Media Partners, Inc. (the
“Citrades Defendants”), engaged in illegal, off-exchange
retail transaction swaps, off-exchange commodity option
transactions, and fraudulently solicited customers to
enter into off-exchange investments in “binary options,”
in violation of several federal statutes.
Further, the CFTC alleges that Michael Shah and Zilmil,
Inc. (the “Zilmil Defendants”) fraudulently solicited
customers to sign up for or purchase illegal binary
options autotrading systems and to direct money to the
Citrades Defendants. And, the CFTC alleges that the
Defendants’ websites made false and misleading
statements about their binary options products and their
profitability, and the Defendants refused to return
customer account balances.
As a result, on July 12, 2017, the District Court
entered an In Camera Order Granting Plaintiff
Commodity Futures Trading Commission’s Ex Parte Motion
for Statutory Restraining Order, Appointment of
Receiver, an Accounting, Expedited Discovery, Order to
Show Cause Regarding Preliminary Injunction, and Other
Equitable Relief (the “Restraining / Freeze /
Appointment Order”) in the above-referenced CFTC
Action. Pursuant
to the Restraining / Freeze / Appointment Order, the
Defendants were enjoined from continuing to violate the
federal statutes they were violating, among other thing,
the Defendants’ assets were frozen and records ordered
to be preserved, and Kenneth Dante Murena was appointed
Receiver of all Defendants in the CFTC Action.
In accordance with the Restraining / Freeze /
Appointment Order, the Court-appointed Receiver took
immediate steps and will make every possible effort to
marshal and preserve the Defendants’ assets for the
benefit of the customers they are alleged to have
defrauded, and will otherwise fulfill his duties under
that Order.
Subsequent to the Court’s entry of the
Restraining / Freeze /
Appointment Order, the District Court entered the
Consent Order for Preliminary Injunction and the Order
for Preliminary Injunction Against Defendants CIT
Investments LLC, Brevspand EEOD, and CIT Investments
Ltd. (together the “Preliminary Injunctions”).
Pursuant to the Preliminary Injunctions, Kenneth
Dante Murena was appointed Permanent Receiver of all
Defendants in the CFTC Action.
The Receiver encourages retail customers who conducted
transactions with the Defendants to carefully review the
Complaint and the District Court’s Orders (links to
which are set forth above) so they understand the nature
of the claims alleged against the Defendants in the CFTC
Action and the extent and scope of the Receiver’s duties
and authority under those Orders. The
Receiver will provide (on this website – www.BinaryOptionsReceivership.com)
additional information regarding the investigation into
the Defendants’ business operations and assets and the
Defendants’ dealings with customers.
For further information regarding the CFTC Action, and
how it may affect retail customers, please visit the
CFTC’s website (www.cftc.gov/PressRoom/PressReleases/pr7590-17).
You may also contact a representative of the Receiver at
305-371-3960.
Please understand that neither the Receiver nor any of
his attorneys or other representatives may provide you
with legal, tax and/or accounting advice in connection
with this or any other matter. Should you require such
advice, the Receiver asks that you contact your own
attorney, accountant or other professional.
The Receiver encourages you to periodically visit the
CFTC website and this website as they will be updated
with additional information throughout the course of the
CFTC Action. Thank you.
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