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Securities and Exchange Commission v. Bajic

United States District Court, S.D. New York

January 15, 2020

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
STEVE M. BAJIC, RAJESH TANEJA, NORFOLK HEIGHTS LTD., FOUNTAIN DRIVE LTD., ISLAND FORTUNE GLOBAL LTD., CRYSTALMOUNT LTD., WISDOM CHAIN LTD., SSID LTD., SURE MIGHTY LTD., TAMARIND INVESTMENTS INC., KENNETH CIAPALA, ANTHONY KILLARNEY, BLACKLIGHT SA, CHRISTOPHER LEE MCKNIGHT, and AARON DALE WISE, Defendants.

          REVISED ORDER FREEZING AND REPATRIATING ASSETS

          LORNA G. SCHOFIELD UNITED STATES DISTRICT JUDGE.

         Having considered the motion for an asset freeze, other preliminary relief filed by plaintiff Securities and Exchange Commission (“the Commission”), as well as the Complaint, the Commission's memorandum of law, and the accompanying declaration of Trevor Donelan, the Court finds that the Commission has shown that: (1) it is reasonably likely to establish that Steve M. Bajic, Rajesh Taneja, Norfolk Heights Ltd., Fountain Drive Ltd., Island Fortune Global Ltd., Crystalmount Ltd., Wisdom Chain Ltd., SSID Ltd., Sure Mighty Ltd., and Tamarind Investments Inc. (collectively, the “Bajic-Taneja Defendants”) have directly or indirectly engaged in the violations alleged in the Complaint; (2) there is a likelihood that unless restrained and enjoined by Order of this Court, the Bajic-Taneja Defendants may dissipate and conceal assets which could be subject to an order of disgorgement or an order to pay a civil monetary penalty in this action; and (3) entry of an order repatriating the Bajic-Taneja Defendants' assets to the United States is in the public interest. In consideration of the foregoing:

         I.

         IT IS HEREBY ORDERED that:

         A. The Bajic-Taneja Defendants, and each of their officers, agents, servants, employees and attorneys and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, including facsimile transmission, electronic mail, or overnight delivery service, shall hold and retain funds and other assets of any of the Bajic-Taneja Defendants presently held by them, for their direct or indirect benefit, under their direct or indirect control or over which they exercise actual or apparent investment or other authority (including assets held in the name of or for the benefit of any of the Bajic-Taneja Defendants, in whatever form such assets may presently exist and wherever located, and shall prevent any withdrawal, sale, payment (including, but not limited to, any charges on any credit card or draws on any other credit arrangement)), transfer, dissipation, assignment, pledge, alienation, encumbrance, disposal, or diminution in value of any such funds or other assets, which are hereby frozen, including, but not limited to, real property located at 7850 Mayfield St. V6B OH6 Burnaby, British Columbia BC V5E 2J6, and funds held in the following accounts:

Institution

Location

Possible Acct Name(s)

Possible Acct No(s)

China Galaxy Securities International

Hong Kong

Rajesh Taneja

Fountain Drive Ltd.

x6000

x7000

DBS Bank (Hong Kong) Limited

Hong Kong

Tamarind Investments, Inc.

x8894

Hang Seng Bank Limited

Hong Kong

Sure Mighty Limited

x6883

HSBC Hong Kong

Hong Kong

Fountain Drive Ltd.

SSID Ltd.

x3838

x2838

RHB Securities (Hong Kong) Limited

Hong Kong

Norfolk Heights Ltd.

Fountain Drive Ltd.

Island Fortune Global Ltd.

Crystalmount Ltd.

Wisdom Chain Ltd.

Sure Mighty Ltd.

SSID Ltd.

Tamarind Investments, Inc.

Chaine Des Rotisseurs Ltd.

Rajesh Taneja

Steven Bajic

x2519

x2050

x1845

x1864

x3273

x3411

x2014

x2447

x3511

x1749

x1841

Yuanta Securities (HK) Company Limited

Hong Kong

Fountain Drive Ltd.

Tamarind Investments, Inc.

Sure Mighty Ltd.

Rajesh Taneja

2385xxx

2380xxx

2402xxx

1376xxx

Standard Chartered Bank (HK) Limited

Hong Kong

Rajesh Taneja

x0103

Bank of Singapore

Singapore

SSID Ltd.

Fountain Drive Ltd.

Tamarind Investments, Inc.

Chaine Des Rotisseurs Ltd.

Rajesh Taneja

x3876

x3889

x3890

x6113

x3873

DBS Treasuries Private Client

Singapore

Rajesh Taneja

x4865

x0616

x0709

x3160

DBS Vickers Securities

Singapore

Rajesh Taneja

x7438

Overseas Chinese Banking Corp.

Singapore

Island Fortune Global Ltd.

SSID Ltd.

Crystalmount Ltd.

Fountain Drive Ltd.

Rajesh Taneja

Sienna Institute Inc.

Dragon Innovation Ltd.

x5301

x0301

x9301

x0301

x3001

x3301

x8301

Bank of Montreal

Canada

Norfolk Heights Ltd.

Wisdom Chain Ltd.

Orange Capital Corp.

Margaux Red Capital Inc.

Steve Bajic

BM Moly Resources Ltd

Bormal Resources Inc.

x3602

x9040

x6917

x6914

x7566

x9747

x4638

x9842

x3263

x4614

x7505

x4324

x5933

Haywood Securities

Canada

Rajesh Taneja

Fountain Drive Ltd.

Steve Bajic

x005C

x064C

x123C

x123U

Toronto-Dominion Bank

Canada

Hexagon Ventures Inc.

Steve Bajic

x2365

x4103

x7836

x3633

Canadian Imperial Bank of Commerce

Canada

Orange Capital Corp.

x9913

x4010

         B. All banks, brokerage, and other financial institutions (including but not limited to those listed in Paragraph I.A) and other persons or entities (including but not limited to payment processors, investors and/or promoters) that receive actual notice of this Order by personal service or otherwise, including via facsimile or email transmission, or overnight delivery service, holding any funds or other assets in the name, for the direct or indirect benefit, or under the direct or indirect control of any of the Bajic-Taneja Defendants or over which any of the Bajic-Taneja Defendants exercise actual or apparent investment or other authority, in whatever form such assets may presently exist and wherever located, shall hold and retain within their control and prohibit the withdrawal, removal, sale, payment (including, but not limited to, any charges on any credit card or draws on any other credit arrangement), transfer, dissipation, assignment, pledge, alienation, encumbrance, diminution in value, or other disposal of any such funds or other assets; and that such funds and assets are hereby frozen.

         C. The above Paragraphs I.A and I.B shall immediately cease to apply to any assets located within the United States, including any bank, brokerage or other financial institution account, which becomes subject to any later order entered by any federal court as a result of proceedings which may be filed by the United States or any department or agency thereof under any federal civil or criminal forfeiture statute, to the extent such later order requires the transfer of any asset to the United States government.

         II.

         IT IS HEREBY FURTHER ORDERED that the Bajic-Tanej a Defendants, and each of their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, including via facsimile or email transmission, or overnight delivery service, and each of them, shall, within five days of receiving actual notice of this Order, take such steps as are necessary to repatriate and deposit into the registry of the Court in an interest bearing account, any and all funds or assets that presently may be located outside of the United States that were obtained directly or indirectly from the trading described in the Complaint.

         III. IT IS HEREBY FURTHER ORDERED that the conditions set forth in the preceding paragraphs of this Order shall expire on April 9, 2020, but this temporal limitation is applied ...


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