Champion-Cain

Securities and Exchange Commission v. Champion-Cain

Good Law
United States District Court, Southern District of CaliforniaJuly 2, 20203:19-cv-01628California3,922 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 As described in prior orders, see, e.g., ECF Nos. 54, 162, 163, this is an action 24 brought by the Securities and Exchange Commission (“SEC”) against Defendants ANI 25 Development, LLC (“ANI Development”) and Gina Champion-Cain and Relief Defendant 26 American National Investments, Inc. (“ANI Inc.”), alleging violations of federal securities 27 laws based on a purportedly fraudulent liquor license loan scheme. ECF No. 1. 28 On September 3, 2019, the Court established an equitable receivership and appointed Krista L. Freitag (“Receiver”) as the receiver of ANI Development and ANI Inc., authorizing her to take control over all funds and assets owned, managed, or in the possession or control of the receivership entities. See ECF No. 6 at 14-16. In that role, the Receiver acts under the control and direction of the Court to facilitate the “orderly and efficient administration of the estate . . . for the benefit of creditors.” SEC v. Hardy, 803 F.2d 1034, 1038 (9th Cir. 1986). See also Atl. Tr. Co. v. Chapman, 208 U.S. 360, 370 (1908) (explaining that a motion to appoint a receiver to take charge of property is “to the 9 …

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