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Litigation

 
 
 

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

VS. 

John E. Brinker, Jr., et al., Defendants 

and

Alpha Advantage II, Inc., et al., Relief Defendants

UNITED STATES DISTRICT COURT 

IP01-0259 C-H/G 

 
1.
 Securities and Exchange Commission's Complaint for Permanent Injunction and Other Equitable Relief; February 27, 2001. 
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8. Subpoena in a Civil Case (to Keybank, NA Attn: Audrey Brownlow-McRae); March 16, 2001.
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23a.
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25a.
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27a.
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60.
60a. Subpoena Duces Tecum (to Bank of America); June 22, 2001.
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67. Order Setting Hearing on Receiver’s Motion for Turnover of Estate Property (Baja Model 272 Mercruiser Boat); July 2, 2001.
68. Subpoena Duces Tecum (to Racing Beverages, Inc.); July 3, 2001.
69. Subpoena Duces Tecum (to Znetix, Inc.); July 9, 2001.
70. Subpoena Duces Tecum (to Spectrum Solutions, Inc.); July 9, 2001.
71. Subpoena Duces Tecum (to ComPro, Inc.); July 9, 2001.
72. Subpoena Duces Tecum (to Crestmont Company); July 9, 2001.
72a. Deposition Subpoena Duces Tecum (to John Andres); July 11, 2001. 
73. Receiver’s Motion for Abandonment of Property of the Estate (Motor Vehicles); July 12, 2001. 
74. Subpoena Duces Tecum (to Paychex); July 13, 2001. 
75. Subpoena Duces Tecum (to Wells Fargo Bank Nevada, N.A.); July 13, 2001. 
75a. Subpoena Duces Tecum (to Anglo Bank Corporation); July 17, 2001.
76. Subpoena Duces Tecum (to Lloyds Bank); July 18, 2001. 
77. Subpoena Duces Tecum (to Scott Mann); July 18, 2001. 
78. Subpoena Duces Tecum (to Amtrade International Bank); July 18, 2001. 
79. Subpoena Duces Tecum (to Bank One Services Corporation); July 18, 2001.
80. Subpoena Duces Tecum (to CBT Security); July 18, 2001.
80a. Order Abandoning Property of Estate (Motor Vehicles); July 12, 2001.
81. Agreed Entry on Receiver’s Motion for Turnover of Estate Property (Baja Model 272 Mercruiser Boat); July 27, 2001. (Not signed by Judge)
82. Receiver’s Application to Approve Settlement with Non-Party Ms. Jennifer L. Myers; July 30, 2001.
82a. Agreed Entry on Receiver’s Motion for Turnover of Estate Property (BAJA Model 272 Mercruiser Boat); July 30, 2001. (Signed by Judge)
83. Subpoena Duces Tecum (to Mr. and Mrs. David and Pamela Owens); July 31, 2001.
84. Receiver’s Motion to Approve Sale of Estate Property (BAJA Model 272 Mercruiser Boat); July 31, 2001.
85. Subpoena Duces Tecum (to Ford Credit Titling Trust); August 1, 2001.
86. Subpoena Duces Tecum (to Chase Manhattan Automotive Finance Corporation); August 1, 2001.
86a. Order Approving Sale of Property of the Estate (BAJA Mercruiser Boat); August 1, 2001.
87. Notice Concerning Receiver’s Application to Approve Settlement with Non-Party Ms. Jennifer L. Myers; August 2, 2001.
87a. Records Subpoena (to God’s Bible School); August 2, 2001.
88. Subpoena Duces Tecum (to Paychex); August 8, 2001.
88a. Notice of Concerning Mootness of Receiver's Motion to Approve Sale of Property of the Estate (Baja Model #272 Mercruiser Boat); August 13, 2001.
89. Subpoena Duces Tecum (to KeyBank, NA); August 17, 2001.
90. Subpoena Duces Tecum (to Bank One, NA); August 17, 2001.
91. Subpoena Duces Tecum (to Susan Burbridge); August 17, 2001.
91a. Subpoena Duces Tecum (to Anderson Bank); August 23, 2001.
92. Subpoena Duces Tecum (to ComPro, Inc.); August 27, 2001.
93. Subpoena Duces Tecum (to Rich's Remodeling); August 27, 2001.
94. Subpoena Duces Tecum (to McFall Mortgage, LLC); August 27, 2001.
95. Subpoena Duces Tecum (to Pathway Homes, LLC); August 27, 2001.
96. Receiver's Motion for Authority to Sell Estate Property (BAJA Model 272 Mercrusier Boat); August 29, 2001.
97. Subpoena Duces Tecum (to Znetix, Inc.); August 30, 2001.
98. Entry Granting Receiver's Motion for Authority to Sell Estate Property (BAJA Model 272 Mercruiser Boat); August 30, 2001.
99. Subpoena in a Civil Case (to Bank One, N.A., submitted by SEC); August 30, 2001. 
100. Subpoena Duces Tecum (to William Bryson); September 14, 2001.
101. Subpoena Duces Tecum (to Anderson Bank); September 14, 2001.
102. Subpoena Duces Tecum (Dorian Development); September 14, 2001.
103. Subpoena Duces Tecum (Pre Paid Legal); September 14, 2001.
104. Subpoena Duces Tecum (to Chalres Schwab attn Mila Dunn); Spetember 17, 2001.
105. Receiver’s Motion for Turnover of Property (Residence and Furnishings); September 21, 2001.
Exhibit "2" - Stonehill Photographs
105a. Motion for Entry of an Order to Show Cause Why Gary J. Bentz Should not be Held in Civil Contempt; September 24, 2001.
105b. Order Setting Hearing on Receiver's Motion for Turnover of Estate Property (Residence and Furnishings); September 24, 2001.
105c. Entry for September 26, 2001, Hon. David F. Hamilton, Judge; September 26, 2001.
106. Index of Exhibits (to Examiner’s Final Report); September 27, 2001.
107. Examiner’s Final Report; September 27, 2001.
Exhibit "1" - List of Wellington Subpoenas
Exhibit "2" - List of Companies
Exhibit "3" - Spreadsheet of Transfers between Bank Accounts
Exhibit "4" - Report from Birk Gross Bell & Coulter, P.C. dated September 17, 2001
Exhibit "5" - Letter to Investors dated March 15, 2001
Exhibit "6" - Second Report of the Liquidator for First International Bank of Grenada Limited
108. Motion for Entry of an Order to Show Cause Why Gary J. Bentz Should not be Held in Civil Contempt; September 28, 2001.
Exhibit "A" - Order of Permanent Injunction and Other Equitable Relief
Exhibit "B" - Letter from Bentz's Consel Dated July 12, 2001.
Exhibit "C" - Mortgages and Settlement Statements Dated February 26, 2001.
Exhibit "D" - Checks to Bentz
108a. Entry for October 12, 2001, Hon. David F. Hamilton, Judge; October 12, 2001.
109. Memorandum of Law concerning Assertion of Fifth Amendment Privilege Against Self-Incrimination; October 15, 2001.
109a. SEC’s Response to Gary J. Bentz’s Motion for Extension of Time to Respond; October 15, 2001.
109b. Entry Reassigning Magistrate Judge David F. Hamilton, Judge; October 15, 2001.
110. Receiver's Motion to Engage Auctioneer and to Conduct Auction Sale of Business Equipment and Office Furnishings of the Wellington Companies; October 16, 2001.
110a. Entry Granting Receiver's Motion for Turnover of Property (Residence and Furnishings); October 17, 2001.
110b. Entry Granting Receiver's Motion to Engage Auctioneer and to Conduct Auction Sale of Business Equipment and Office Furnishings of the Wellington Companies; October 17, 2001.
111. Order Aproving Examiner's Report; October 18, 2001.
112. Subpoena Duces Tecum (to Presitge Financial Services); October 22, 2001.
113. Subpoena Duces Tecum (to Decision One Mortgage); October 22, 2001.
114. Motion for Consolidation of Entities; October 24, 2001.
115. Memorandum of Law in Support of Motion for Consolidation of Entities; October 24, 2001.
116. Supplemental Motion for Entry of an Order to Show Cause Why Gary J. Bentz Should not be held in Civil Contempt; October 24, 2001.
117. SEC’s Response to Gary J. Bentz’s Motion for Appointment of Counsel and Extension of Time to Respond; November 14, 2001.
117a. Subpoena in a Civil Case (to Bank One, N.A.); November 19, 2001.
118. Subpoena in a Civil Case (to Cincinnati Federal Savings and Loan Association); November 26, 2001.
119. Defendant Gary J. Benz’ Response to SEC’s Motion to Show Cause; December 11, 2001.
120. Withdraw of Motion to Appoint Counsel; December 11, 2001.
121. Reply Brief in Support of Plaintiff’s Motion for Entry of an Order to Show Cause Why Gary J. Bentz Should not be Held in Civil Contempt; December 13, 2001.
121a. Motion for Authority to Sell Residential Real Property; December 13, 2001.
122. Entry on Gary J. Bentz' Request for Appointment of Counsel and Extension of Time to Response (doc.77); December 19, 2001.
123. Commission's Response to Motion for Authority to Sell Residential Real Property; December 28, 2001.
124. Order (on Motion filed by James Craig for Permission to Complete Sale of Rental Homes); January 2, 2002.
125. Receiver's Motion for Authority to Sell Property of the Estate (Furniture and Furnishings Located at 746 Stonehill Run, Cincinatti, Ohio); January 15, 2002.
126. Order Approving Receiver's Motion for Authority to Sell Property of the Estate (Furniture and Furnishings Located at Stonehill Run, Cincinatti, Ohio); January 16, 2002.
127. Order (on Motion filed by Harold J. Randolph); January 18, 2002.
128. Commission's Response to Harold J. Randolph's Motion for Authority to Sell Residential Real Property; January 18, 2002.
128a. Notice of Change of Address; January 28, 2002.
129. Receiver's Motion to Sell Personal Property to Advanced Land Title Agency Limited; February 4, 2002.
130. Entry Granting Receiver’s Motion to Sell Personal Property to Advanced Land Title Agency Limited; February 6, 2002.
131. Entry on Petition to Hold Gary J. Bentz in Civil Contempt; April 19, 2002.
132. Order for Consolidation of Entities; April 24, 2002.
133. Entry (on "Motion to Dismiss Case"); May 22, 2002.
134. Order of Civil Contempt Confining Defendant Bentz Pending Compliance with Court Order; May 23, 2002.
135. Order Granting Continuance and Rescheduling Hearing; May 29, 2002.
135a. Agreed Entry Concerning Turnover of Property of the Estate (Gary Bentz Schwab Accounts); May 29, 2002.
136. Order Approving Agreed Entry Concerning Turnover of Property of the Estate (Gary Bentz Schwab Accounts); May 30, 2002.
137. Receiver's First Report of Acts and Transactions: June 11, 2002.
138. Examiner's Final Application for Compensation; July 12, 2002.
139. Final Application of Examiner's Counsel for Compensation.
140. First and Final Application for Compensation and Reimbursement of Expenses by Birk Grosss Bell & Coulter as Accountants for the Examiner; July 12, 2002.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
141. Local Counsel to Receiver's Second Interim Application for Compensation and Reimbursement of Expenses; July 12. 2002.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
142. First Application of Receiver's Counsel for Compensation; July 12, 2002.
Exhibit A( part 1, part 2, part 3, part 4)
143. Receiver's First Application for Compensation; July 12, 2002.
144. Defendant Bentz' Statement of Income and Expenses; July 15, 2002.
145. Rule to Show Cause (to Gary Benz); September 5, 2002.
146. Order Approving Receiver's First Report of Acts and Transactions; September 30, 2002.
147. Order Approving Examiner's Final Application for Compensation; September 30, 2002.
148. Order Approving Final Application of Examiner's Counsel for Compensation; September 30, 2002.
149. Order Approving First and Final Application for Compensation and Reimbursement of Expenses by Birk Gross Bell & Coulter as Accountants for the Examiner; September 30, 2002.
150. Order Approving Receiver's First Application for Compensation; September 30, 2002.
151. Order approving First Application for Compensation; September 30, 2002.
152. Order on Second Application of Receiver's Local Counsel for Compensation and Reimbursement of Expenses; September 30, 2002.
153. Motion to Enforce Compliance with the Court's OOrder Regarding Monthly Financial Statements; October 15, 2002.
153a. Order; November 15, 2002.
154. "Complaint" filed by investor, Thomas F. Hangartner; November 15, 2002.
154a. Receiver's Motion for Order Authorizing Employment of J.A. Sales & Co., As Grenadian Counsel for Receiver; November 22, 2002.
155. Order Authorizing Employment of Grenadian Counsel for Receiver; November 27, 2002.
156. Receiver's Motion for Authority to Settle Claims Against Julie Anne Brinker; January 10, 2003.
157. Entry on Motion for Authority to Settle Claims Against Julie Anne Brinker; January 14, 2003.
158. Plaintiff’s Motion for an Order Imposing Disgorgement, Prejudgment Interest, and Civil Penalties Against Defendants John E. Brinker, Jr., and Gary J. Bentz, and Relief Defendant Steadfast Ministries, Inc.; March 10, 2003.
159. Brief in Support of Plaintiff’s Motion for an Order Imposing Disgorgement, Prejudgment Interest, and Civil Penalties Against Defendants John E. Brinker, Jr., and Gary J. Bentz, and Relief Defendant Steadfast Ministries, Inc.; March 10, 2003.
160. Objection to Motion of the SEC and Dismiss Motion (filed by Thomas F. Hangartner - investor); March 24, 2003.
161. Commission's Response to Opposition Brief Filed by Non-Party Thomas F. Hangarter; March 31, 2003.
162. Notice of Attorney Withdrawal and Designation of New Attorney for Purposes of Notice (withdrawal of Thomas Eme - Designation of David M. Cole); April 2, 2003.
163. Appearance of Counsel (David M. Cole - SEC); April 2, 2003.
164. Defendant Motion for Enlargement of Time to Obtain Counsel for John E. Brinker, Jr. and Steadfast Ministries, Inc.; April 8, 2003
165. Hangarter's Response to Opposition Letter Motion from the SEC Dated March 31, 2003; April 8, 2003.
166. Receiver’s Motion to Strike Pro Se Filing by Thomas F. Hangartner, and to Bar Frivolous and Repetitious Filings; April 21, 2003.
167. Motion in Objection to the Receiver's Motion to Strike Pro Se Hangartners Filings; May 10, 2003.
168. Entry on Pending Matters; May 16, 2003.
169. Order (on extension of deadline to respond to entry of injunction - by SEC); June 4, 2003
170. Order Imposing Disgorgement, Prejudgment Interest, and Civil Penalties Against Defendants John E. Brinker, Jr., and Gary J. Bentz and Relief Defendant Steadfast Ministries, Inc.; June 18, 2003.
171. Receiver's Motion for Order Authorizing General Employment of J.A. Seales & Co. as Grenadian Counsel for Receiver; June 20, 2003.
172. Order Authorizing Employment of Grenadian Counsel for Receiver; June 23, 2003.
173. Motion for Authority to Pay Costs of Tax Return Preparation; April 12, 2004.
174. Entry on Receiver's Motion for Authority to Pay Costs of Tax Return Preparation; April 26, 2004.
175. Receiver's Final Report of Acts and Transactions; May 3, 2005.
176. Final Application for Compensation and Reimbursement of Expenses by BGBC Partners, PC as Accountants for the Receiver; May 10, 2005.
177. Final Application of Receiver's Counsel for Compensation and Reimbursement of Expenses; May 10, 2005.
178. Receiver's Final Application for Compensation; May 10, 2005.
179. Local Counsel to Receiver's Final Application for Compensation and Reimbursement of Expenses; May 10, 2005.
180. Receiver's Supplement to Final Report of Acts and Transactions; May 11, 2005.
181. Order Approving Final Application for Compensation and Reimbursement of Expenses by Birk Gross Bell & Coulter as Accountants for the Receiver; July 8, 2005.
182. Order on Final Application of Receiver's Local Counsel for Compensation and Reimbursement of Expenses; July 8, 2005.
183. Entry Approving Receiver's Final Report of Acts and Transactions and Receiver's Supplement to Final Report of Acts and Transactions; July 8, 2005.
184. Entry on Receiver's Final Application for Compensation; July 8, 2005.
185. Order on Final Application of Receiver's Counsel for Compensation and Reimbursement of Expenses; July 8, 2005.

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