Mobe Ltd.: Stipulated Order for Permanent Injunction and ... ... accounts at Malayan Bank (Maybank)

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  • Case 6:18-cv-00862-RBD-DCI Document 256-1 Filed 02/12/20 Page 1 of 28 PageID 8609

    UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

    ORLANDO DIVISION

    FEDERAL TRADE COMMISSION, Case No. 6:18-CV-862-ORL-37DCI

    Plaintiff,

    v. STIPULATED ORDER FOR

    MOBE LTD., MOBEPROCESSING.COM, PERMANENT INJUNCTION AND INC., TRANSACTION MANAGEMENT USA, MONETARY JUDGMENT AGAINST INC., MOBETRAINING.COM, INC., 9336- MATTHEW LLOYD MCPHEE 0311 QUEBEC INC., MOBE PRO LIMITED, MOBE INC., MOBE ONLINE LTD., MATT LLOYD PUBLISHING.COM PTY LTD., MATTHEW LLOYD MCPHEE, SUSAN ZANGHI and INGRID WHITNEY,

    Defendants.

    Plaintiff, the Federal Trade Commission (“FTC” or “Commission”), filed its

    Complaint for Permanent Injunction and Other Relief pursuant to Section 13(b) of the

    Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §53(b) (“Complaint”). The FTC and

    Individual Defendant Matthew Lloyd McPhee (“McPhee”) stipulate to the entry of this

    Stipulated Order for Permanent Injunction and Monetary Judgment (“Order”) to resolve all

    matters in dispute in this action between them.

    THEREFORE, IT IS ORDERED as follows:

    FINDINGS

    A. This Court has jurisdiction over this matter.

    B. The Complaint charges that McPhee participated in deceptive acts or practices

    in violation of Section 5 of the FTC Act, 15 U.S.C. § 45.

    -1-

    http:PUBLISHING.COM http:MOBETRAINING.COM http:MOBEPROCESSING.COM

  • Case 6:18-cv-00862-RBD-DCI Document 256-1 Filed 02/12/20 Page 2 of 28 PageID 8610

    C. McPhee neither admits nor denies any of the allegations in the Complaint,

    except as specifically stated in this Order. Only for purposes of this action, McPhee admits

    the facts necessary to establish jurisdiction.

    D. McPhee waives any claim that he may have under the Equal Access to Justice

    Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this

    Order, and agrees to bear his own costs and attorney fees.

    E. McPhee and the FTC waive all rights to appeal or otherwise challenge or

    contest the validity of this Order.

    DEFINITIONS

    For the purpose of this Order, the following definitions apply:

    A. “Business Coaching Program” means any program, plan, or product,

    including those related to work-at-home opportunities, that is represented, expressly or by

    implication, to train or teach a participant or purchaser how to establish a business or earn

    money or other consideration through a business or other activity.

    B. “Corporate Defendant(s)” or “MOBE Corporate Defendant(s)” means

    MOBE Ltd., MOBEProcessing.com, Inc., Transaction Management USA, Inc.,

    MOBETraining.com, Inc., 9336-0311 Quebec Inc., MOBE Pro Limited, MOBE Inc., MOBE

    Online Ltd., Matt Lloyd Publishing.com Pty Ltd., and each of their subsidiaries, affiliates,

    successors, and assigns.

    C. “Costa Rica Resort Property” means the resort property located at Esterillos

    Este Beach at the West End Punta, Esterillos Este, 60901, Costa Rica, including: the

    concession land (Lot Registration Number P-1109-Z-000); the hotels or accommodations

    -2-

    http:Publishing.com http:MOBETraining.com http:MOBEProcessing.com

  • Case 6:18-cv-00862-RBD-DCI Document 256-1 Filed 02/12/20 Page 3 of 28 PageID 8611

    (also known as Sunset del Mar Resort) situated on the lot; all buildings, fixtures, plant and

    equipment, furniture and fittings, office equipment, and chattels located on the property; and

    all income, revenues, profits, dividends or distributions generated from the operation or

    ownership of the property.

    D. “Defendant(s)” means MOBE Corporate Defendants and Individual

    Defendants, individually, collectively, or in any combination.

    E. “Fiji Resort Property” means the resort property located in the waters of

    Nadi Bay, Fiji, including: the parcel of land of approximately 48 acres (Native Lease No.

    25143, also known as Kadavu or Kadavulailai Island or Bounty Island); any hotels or

    accommodation situated on the land; all buildings, fixtures, plant and equipment, furniture

    and fittings, office equipment, and chattels located on the property; and all income, revenues,

    profits, dividends or distributions generated from the operation or ownership of the property.

    F. “Individual Defendant(s)” means McPhee, Susan Zanghi, and Ingrid

    Whitney (as personal representative of the Estate of Deceased Defendant Russell W.

    Whitney), individually, collectively, or in any combination.

    G. “Investment Opportunity” means anything, tangible or intangible, that is

    offered, offered for sale, sold, or traded based wholly or in part on representations, either

    express or implied, about past, present, or future income, profit, or appreciation.

    H. “Kuala Lumpur Properties” means the two residential apartment units in the

    Menara Soho housing development located at A1-7-1, SS@KLCC, No. 20, Jalan Perak,

    50450 Kuala Lumpur, Malaysia (Parcel No. A1-7-1, Floor No. 7, Building No. A1) and B2-

    -3-

  • Case 6:18-cv-00862-RBD-DCI Document 256-1 Filed 02/12/20 Page 4 of 28 PageID 8612

    15-3A, No, 20, Jalan Perak, 50450 Kuala Lumpur, Malaysia (Parcel No. B2-15-3A, Floor

    No. 15, Building No. B2).

    I. “McPhee” means Individual Defendant Matthew Lloyd McPhee, a/k/a Matt

    Lloyd.

    J. “Receiver” means the receiver appointed in this action, Mark J. Bernet, Esq.,

    and any deputy receivers that he names.

    K. “Receivership Entities” means MOBE Corporate Defendants as well as any

    other entity that has conducted any business related to Defendants’ marketing and sale of

    Business Coaching Programs or Investment Opportunities to consumers, including receipt of

    Assets derived from any activity that is the subject of the Complaint in this matter, and that

    the Receiver determines is controlled or owned by any Defendant.

    L. “Related Entities” means corporate entities that are owned or controlled by

    McPhee, whether in whole or in part, other than the MOBE Corporate Defendants, including

    without limitation MOBE Holdings Limited (Malta), ML Index Investments Pty Ltd.

    (Australia), CAIF Property Holdings, Ltd. (Hong Kong), CAIF Property Holdings CR, S.A.

    (Costa Rica), CAIF Property Holdings – Fiji Ltd. (Hong Kong), Kadavulailai Development

    Pte Limited (Fiji), Sunset del Mar Investments, S.R.L. (Costa Rica), Mar y Tierra del Oeste

    M.T.O., S.A. (Costa Rica), Transaction Facilitator USA, Inc., Transaction Management

    USA, Inc., Transaction Processing USA, Inc., Web Payment Facilitators USA, Inc., Web

    Payment Management Services USA, Inc., Web Payment Processing USA, Inc., Business

    Education Training Ltd., Discovery Tours & Transportation SRL (Costa Rica), Esterillos

    Assets Management CR, S.A. (Costa Rica), and Sala Levu Resort Ltd. (Fiji).

    -4-

  • Case 6:18-cv-00862-RBD-DCI Document 256-1 Filed 02/12/20 Page 5 of 28 PageID 8613

    M. “Settling Defendant” means Matthew Lloyd McPhee.

    N. “Special Receiver” means Burton W. Wiand, Esq. and any deputy special

    receivers that he names.

    ORDER

    I. BAN ON SALE OR MARKETING OF BUSINESS COACHING PROGRAMS AND INVESTMENT OPPORTUNITIES

    IT IS ORDERED that Settling Defendant is permanently restrained and enjoined

    from:

    A. Creating, advertising, marketing, promoting, offering for sale, or selling, or

    assisting others in creating, advertising, marketing, promoting, offering for sale, or selling

    any Business Coaching Program or any Investment Opportunity;

    B. Holding, directly or through a third-person, any ownership or other financial

    interest in any business entity that is creating, advertising, marketing, promoting, offering for

    sale, or selling, or that assists others in creating, advertising, marketing, promoting, offering

    for sale, or selling any Business Coaching Program, any Investment Opportunity, or any

    product to assist in the creation or development of a Business Coaching Program or an

    Investment Opportunity.

    Provided, however, that this section shall not prevent Settling Defendant from selling

    interests in real estate properties that he owns and manages.

    II. PROHIBITION AGAINST MISREPRESENTATIONS

    IT IS FURTHER ORDERED that Settling Defendant, his officers, agents, employees,

    and attorneys, and all other persons in active concert or participation with any of them, who

    receive actual notice of this Order, whether acting directly or indirectly, in connection with

    -5-

  • Case 6:18-cv-00862-RBD-DCI Document 256-1 Filed 02/12/20 Page 6 of 28 PageID 8614

    the advertising, marketing, promoting, or offering for sale of any goods or services, are

    permanently restrained and enjoined from misrepresenting or assisting others in

    misrepresenting, expressly or by implication:

    A. That consumers who purchase Defendants’ goods or services will earn or are

    likely to earn substantia