Securities and Exchange Commission v. Complete Business Solutions Group, Inc., et al.

Case No. 20-cv-81205-RAR

United States District Court for the Southern District of Florida

Key Court Documents

Below are links within this website to certain filings and court orders in the SEC’s lawsuit against the Defendants that may be of interest to visitors of this website. All filings, court orders, including other filings from the Receiver, the parties to the lawsuit, and other persons, are also available on the Document Filing System of the United States District Court for the Southern District of Florida, which is available at: https://ecf.flsd.uscourts.gov/

DE 1027 - PAPERLESS ORDER granting [1026] Plaintiff's Unopposed Motion to Bring Electronic Devices into the Courthouse for Trial. Alise Johnson, Amie Riggle Berlin, and Victoria Jacqmein of the Securities and Exchange Commission shall be permitted to bring a laptop, and personal and business cell phones into the Courthouse. Trial support specialist Kevin Robinson shall be permitted to bring electronic devices including cellular phones, laptop computers, and other electronic equipment into the Courthouse for use at trial. Further, Kevin Robinson shall be permitted to bring the electronic equipment into the Courthouse and Courtroom on December 2 or 3, 2021 to test the equipment and to set up for trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021.
DE 1033 - PAPERLESS ORDER denying the Securities and Exchange Commission's (SEC) [1012] Motion to Strike Declaration of Michael Furman [ECF No. 891-1] as MOOT. In the Motion, the SEC asks the Court not to consider Michael C. Furman's Declaration when ruling on the SEC's Motion for Partial Summary Judgment. The Court reached its ruling based on evidence separate and apart from Furman's Declaration; therefore, the Motion is DENIED as MOOT. See [1032] Order Denying Partial Summary Judgment at 8.

The Court further notes that Furman has moved to amend his admissions in his [1023] Response in Opposition to Plaintiff's Motion to Strike the Declaration of Defendant, Michael C. Furman and Motion to Amend Admissions (Furman Response) and in [1030] Defendant, Michael C. Furman's Motion to Amend Admissions. The Court will address this request, and any other issues raised in Furman's Response (such as any limitations on Furman's testimony at trial), at the hearing on the parties' Motions in Limine set for Thursday, December 2, 2021 at 2:00 P.M. The Court will also address Defendant's recently filed [1028] Motion in Limine at that time. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1034 - PAPERLESS ORDER granting in part and denying in part [1029] Defendant Michael C. Furman's Motion for Reconsideration of Order Denying Motions in Limine as Moot and in the Alternative Renewed Motion in Limine ("Motion"). The Court will not reconsider its prior Order but will permit Furman to argue the issues raised in his Renewed Motion - specifically, (i) whether the Court should preclude the testimony of Bradley Sharpe and James Klenk and (ii) whether the SEC should be prohibited from introducing evidence of the 2020 repayment of loans. These issues will be addressed at the December 2, 2021 hearing at 2:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1035 - PAPERLESS ORDER granting [1031] Defendant's Unopposed Motion to Bring Electronic Devices into the Courthouse for Trial. Zachary P. Hyman, Yirmi Knight, Elroy John, Matthew Rosenfield, David Ferguson, Nicholas Battaglia, and Jessica Lopez are permitted to bring personal and office cellular phones, laptops, and other equipment to assist at trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021. (ob)
DE 1043 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 12/2/2021 re [929] Plaintiff's MOTION in Limine and Memorandum in Support filed by Securities & Exchange Commission, [932] First MOTION in Limine To Exclude Testimony filed by Michael C Furman. Argument heard, rulings made on the record. Jury Selection will take place on Monday, December 6, 2021 at 3:00 PM. Order to follow. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. (gp)
DE 1044 – THIS CAUSE comes before the Court upon the December 2, 2021 hearing [1043] on Plaintiff's Omnibus Motion in Limine [929] ("Plaintiff's Motion in Limine"), Defendant's Motion in Limine to Exclude Undercover Agent Testimony [932] ("Defendant's First Motion in Limine"), Defendant's Motion in Limine [1028] ("Defendant's Second Motion in Limine"), and Defendant's Motions to Amend Admissions [1023, 1030]. For the reasons stated on the Record, it is hereby ORDERED AND ADJUDGED as follows. Plaintiff's Motion in Limine is GRANTED as to numbers 1, 2, 3, 4, 5, 6, 7, 10 and 13 and DENIED as MOOT as to numbers 8, 9, 11, and 12. Defendant's First Motion in Limine [932] is DENIED. Defendant's Second Motion in Limine [1028] is DENIED as MOOT as to any evidence pertaining to other defendants' consent judgments and is DENIED as to all other issues. Defendant's Motions to Amend Admissions [1023, 1030] are DENIED. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1045 - PAPERLESS ORDER granting Plaintiff's ore tenus Motion to Allow Victoria Villarose and Wendy Furman Lyman to appear via Zoom videoconference for purposes of trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1046 - PAPERLESS ORDER granting in part and denying in part Defendant's ore tenus Motion to Allow Erik Weingold and Dean Vagnozzi to appear via Zoom videoconference for purposes of trial beginning on December 6, 2021. For the reasons stated on the Record, the Motion is GRANTED insofar as it pertains to Erik Weingold appearing via Zoom videoconference and is DENIED as to Dean Vagnozzi. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1047 - PAPERLESS ORDER granting Defendant's ore tenus Motion to allow Michael C. Furman to Bring Electronic Devices into the Courthouse for Trial. Michael C. Furman is permitted to bring a cellular phone and laptop to the trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1048 - PAPERLESS ORDER denying Defendant's ore tenus Motion to Exclude the Testimony of Bradley Sharpe and to Prohibit the SEC from Introducing Evidence of the 2020 Repayment of Loans for the reasons stated on the Record. Signed by Judge Rodolfo A. Ruiz, II on 12/2/2021.
DE 1050 - PAPERLESS ORDER ordering a Reply to [987] Defendant, Joseph W. LaForte's Response in Opposition to Receiver Ryan K. Stumphauzer's Motion to Lift Litigation Injunction to Allow Commencement of Proceedings Against Joseph LaForte and James LaForte [949]. The Receiver shall file a Reply on or before Monday, December 13, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2021.
DE 1058 - PAPERLESS ORDER denying [1057] Motion for Reconsideration of Defendant's Motion to Amend Admissions. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021.
DE 1062 - PAPERLESS ORDER requiring an expedited response to [1059] Defendant Michael C. Furman's, Motion to Compel Production of Alleged Request for Production from Plaintiff on or before NOON, 12:00 P.M., December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021.
DE 1063 - PAPERLESS ORDER requiring that the SEC be prepared to proffer Alexis Abbonizio's testimony and to expound on Abbonizio's medical conditions prior to jury selection tomorrow, December 6, 2021 at 3:00 P.M. The Court will address [1060] Plaintiff Securities and Exchange Commission's Motion to Allow Additional Trial Witnesses to Appear by Zoom at that time. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021.
DE 1069 - PAPERLESS ORDER granting Defendant's ore tenus Motion to allow Karissa Mahadeo to Bring Electronic Devices into the Courthouse for Trial. Karissa Mahadeo is permitted to bring a cellular phone and laptop to the trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021.
DE 1070 - PAPERLESS ORDER denying [1059] Defendant, Michael C. Furman's, Motion to Compel Production of Alleged Request for Production as MOOT for the reasons stated on the Record. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021.
DE 1071 - PAPERLESS ORDER granting [1060] Plaintiff Securities and Exchange Commission's Motion to Allow Additional Trial Witnesses to Appear by Zoom. Alexis Abbonizio and William Mitchell are permitted to appear via Zoom videoconference. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021.
DE 1072 - PAPERLESS ORDER striking [1064] Defendant's Notice of Filing Deposition Designations due to Defendant's failure to follow Court ordered deadlines. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021.
DE 1073 – PAPERLESS ORDER granting [1068] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Evan A. Showell. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021.
DE 1074 – PAPERLESS ORDER allowing sua sponte Timothy Kolaya to Bring Electronic Devices into the Courthouse for Trial. Timothy Kolaya is permitted to bring a cellular phone and laptop to the trial beginning on December 6, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021.
DE 1075 - PAPERLESS ORDER providing public viewing information. Given the conclusion of jury selection, this matter will begin with opening statements at 9:30 AM tomorrow. Please click the link to join the webinar: The Zoom hearing can be accessed at click here The Webinar ID is 161 989 6066 and the Passcode is 518235. Or One tap mobile : US: +16692545252,,1619896066#,,,,*518235# or +16468287666,,1619896066#,,,,*518235# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 or +1 551 285 1373 or +1 669 216 1590 Webinar ID: 161 989 6066 Passcode: 518235 International numbers available: click here Signed by Judge Rodolfo A. Ruiz, II on 12/6/2021
DE 1076 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Selection/Voir Dire held on 12/6/2021. Jury selection completed. Eight (8) Jurors selected. Jury panel sworn and instructed. Jury trial will resume on December 7, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1077 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 2 held on 12/7/2021. Opening Statements made. Plaintiff presents their case in chief. Witness Brad Sharp, Mark Reikes, Perry Abbonizio, sworn and testified. Juror # 3 excused from this trial for good cause. Exhibits identified and admitted. Jury trial will resume December 8, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1078 - TRANSCRIPT of Trial Day 1 held on 12-6-2021 before Judge Rodolfo A. Ruiz, II, 1-136 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022.
DE 1079 - TRANSCRIPT of Trial Day 2 held on 12-7-2021 before Judge Rodolfo A. Ruiz, II, 1-252 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022.
DE 1080 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 3 held on 12/8/2021. Plaintiff continues presentation of their case. Witness John Murray, Robert Renner, Henry Barth, Lori Boyogueno, sworn and testified. Exhibits identified and admitted. Jury trial will resume December 9, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1081 - TRANSCRIPT of Trial Day 3 held on 12-8-2021 before Judge Rodolfo A. Ruiz, II, 1-303 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022.
DE 1082 - Redacted Transcript of Trial Day 3 held on 12-8-2021 before Judge Rodolfo A. Ruiz, II, 1-303 pages, re: [1081] Transcript,, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1083 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 4 held on 12/9/2021. Witness James Klenk, William Mitchell, Stephen Bouchard, Frank Nash, Victoria Villarose, Alexis Abbonizio, sworn and testified. Exhibits identified and admitted. Jury trial will resume December 10, 2021 at 10:00 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1084 - Corrected Transcript and Notice of Correction of Trial Day 3 (as to exhibit numbers) held on 12-8-2021 before Judge Rodolfo A. Ruiz, II, 1-303 pages, re: [1082] Redacted Transcript Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1085 - TRANSCRIPT of Trial Day 4 held on 12-9-2021 before Judge Rodolfo A. Ruiz, II, 1-268 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022.
DE 1086 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 5 held on 12/10/2021. Plaintiff continues presentation of their case. Witness Michael Furman, sworn and testified. Exhibits identified and admitted. Jury trial will resume December 13, 2021 at 10:00 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1087 - PAPERLESS ORDER Requiring Revised Witness List. For the reasons stated on the record at the conclusion of trial proceedings on December 10, 2021, Defendant shall file a revised witness list by 9:00 AM on Monday, December 13, 2021, indicating the witnesses that will be called by the defense and including a description proffering the relevance of each witnesses' testimony. Signed by Judge Rodolfo A. Ruiz, II on 12/10/2021.
DE 1088 - TRANSCRIPT of Trial Day 5 held on 12-10-2021 before Judge Rodolfo A. Ruiz, II, 1-269 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/11/2022. Release of Transcript Restriction set for 3/11/2022.
DE 1092 - PAPERLESS ORDER Granting Defendant Michael Furman's Unopposed Motion for Leave to File Memorandum in Connection with Unpled Claims of Integration Doctrine ("Motion"). ECF No. [1089]. The Memorandum, attached to the Motion as Exhibit A, is hereby deemed filed. Signed by Judge Rodolfo A. Ruiz, II on 12/13/2021.
DE 1093 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 6 held on 12/13/2021. Witness Michael Furman, Joe Cole Barletta (out of turn), Kristin Groleau (out of turn), sworn testified. Exhibits identified and admitted. Jury trial will resume December 14, 2021 at 10:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Timothy Andrew Kolaya, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1095 - TRANSCRIPT of Trial Day 6 held on 12-13-2021 before Judge Rodolfo A. Ruiz, II, 1-308 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022.
DE 1097 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 7 held on 12/14/2021. Witness Michael Furman, Christine Furman, Adam Weisenstine, sworn and testified. Plaintiff rests. Defense rests. Charging conference held. Jury trial will resume December 15, 2021 at 9:30 A.M. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1098 - TRANSCRIPT of Trial Day 7 held on 12-14-2021 before Judge Rodolfo A. Ruiz, II, 1-178 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/5/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/15/2022.
DE 1099 - PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Jury Trial Day 8 held on 12/15/2021. Final Charging Conference held. Court instructs Jury. Closing arguments heard. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury for deliberations. Deliberations begin. Jury verdict reached. Jury verdict published. Jury polled and released. Attorney Appearance(s): Zachary Paul Hyman, Elroy M John, Jr, Alise Meredith Johnson, Amie Riggle Berlin, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov.
DE 1104 - TRANSCRIPT of Trial Day 8 held on 12-15-2021 before Judge Rodolfo A. Ruiz, II, 1-143 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/5/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/15/2022.

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