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Securities and Exchange Commission v. Kaplan

United States District Court, D. Nevada, Northern Division

January 23, 2018

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
DAVID B. KAPLAN, ESQ., SYNCHRONIZED ORGANIZATIONAL SOLUTIONS, LLC, SYNCHRONIZED ORGANIZATIONAL SOLUTIONS INTERNATIONAL, LTD., and MANNA INTERNATIONAL ENTERPRISES, INC., Defendants, and LISA M. KAPLAN, THE WATER-WALKING FOUNDATION, INC., and MANNA INVESTMENTS, LLC, Relief Defendants.

         Alyssa A. Qualls Counsel for Plaintiff United States Securities and Exchange Commission.

          Amy S. Cotter Raven A. Winters Attorneys for Plaintiff.

          STIPULATION TO LIFT ASSET FREEZE ON ACCOUNTS AT SPOKANE TEACHERS CREDIT UNION

          Honorable Miranda Du United States District Judge.

         IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, as follows:

         1. On June 10, 2016, the Court entered an Agreed Order of Preliminary Injunction and Other Relief as to Defendants and Relief Defendants. (EFC No. 23.)

         2. Section I of the Order froze the assets of Defendants and Relief Defendants, including the assets in following three accounts at Spokane Teachers Credit Union (“STCU”):

Institution

Account Number

Account Name

STCU

#XXX-1127

Kaplan, David B.

STCU

#XXX-7065

Kaplan, David B.

STCU

#XXX-0797

Kaplan, David B.

         3. On January 8, 2018, the parties filed Stipulations for Entry of Final Judgments, which asked this Court to enter final judgments against Defendants and Relief Defendants pursuant to settlement agreements among the parties. (ECF. Nos. 95-98.)

         4. On January 8, 2018, the Court entered Final Judgments against Defendants and Relief Defendants. (ECF Nos. 103-106.) The Final Judgments directed various financial institutions to transfer the entire balance of certain frozen accounts to the SEC within three days after being served with a copy of the Final Judgments. The financial institutions listed in the Final Judgments did not include the STCU accounts.

         5. As set forth in the Affidavit of Kyle S. Kaplan, attached hereto as Exhibit 1, David Kaplan opened the STCU accounts #XXX-1127 and #XXX-7065 for the benefit of his son Kyle Kapan. The accounts hold approximately $2, 022.82, combined. These funds represent money that Kyle Kaplan saved over the years to assist with college tuition.

         6. As set forth in the Affidavits of Bryan Rabas and Heather Grover, attached hereto as Exhibits 2 and 3, David Kaplan opened STCU account #XXX-0797 for the benefit of Bryan Rabas and Heather Grover to hold $245 paid each month in escrow as a future down-payment on the purchase of a home. The account currently holds approximately $5, 435.30. These funds represent the accumulated down-payment money that Bryan Rabas and Heather Grover have saved through January 6, 2017.

         7. The Final Judgments having been entered, the parties now respectfully request that the Court lift the asset freeze over the STCU accounts to permit Kyle Kaplan, Bryan Rabas, and Heather Grover to move these funds into accounts that they control.

         IT IS SO ORDERED.

         EXHIB ...


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