At a scheduling convention held on January thirty first, the attorneys of DFRF Enterprises defendants Wanderley Dalman, Gaspar C. Jesus and Eduardo N. Da Silva, knowledgeable the court docket they ‘couldn’t find or talk with their purchasers‘.
All three defendants have filed excellent motions to dismiss, which the court docket gave till February twenty eighth to both withdraw or renew.
On February twenty eighth all three motions to dismiss have been renewed, regardless of the attorneys admitting they nonetheless haven’t positioned or communicated with their purchasers.
Whether or not there’s a little bit of *winkwink, nudgenudge* occurring right here or the DFRF Enterprises defendants are working in good religion, I can’t say.
The SEC has objected to the renewed motions to dismiss.
The regulator argues that not figuring out the place their purchasers are and/or being unable to speak with them,
successfully makes it unattainable for the legal professionals to symbolize these defendants going ahead.
The SEC additionally reiterates the motions ought to be dismissed as a result of
the Fee has alleged believable securities fraud and unregistered providing claims towards these three defendants.
The SEC alleges that Dalman, Jesus and Da Silva labored carefully with proprietor Daniel Filho to advertise DFRF Enterprises in Massachusetts.
Whereas Filho was in Massachusetts, Dalman and Jesus launched him to potential traders, accompanied him to conferences with potential traders, met with potential traders with out him, and generally collected the traders’ cash within the type of money or checks.
In August 2014, Da Silva joined Filho on considered one of his journeys to Massachusetts to satisfy with potential traders.
Da Silva was formally credited as DFRF Enterprises’ Normal Supervisor.
The trio additionally appeared in official DFRF Enterprises advertising and marketing movies.
The SEC’s opposition was filed on March 14th. A choice on the movement stays pending.
Replace thirteenth September 2019 – All three motions to dismiss have been denied on July thirty first.