Luiz Capuci and Emerson Pires are promoting off real-estate belongings in Florida.
The belongings are frozen as per a Mining Capital Coin injunction, granted to the SEC in June.
Now the SEC has moved for contempt towards each Defendants.
Though Capuci’s and Pires’ belongings are at present frozen as per a preliminary injunction granted in June, the freeze is backdated to a granted TRO on Could tenth.
As detailed within the SEC’s September thirteenth movement, which describes Capcu’s and Pires’ conduct as “brazen”;
Pires lately offered a few of his Florida-based actual property property after the Court docket had frozen such belongings.
Capuci, for his half, is actively attempting to promote Florida properties collectively valued at round $2.5 million. Additional, neither Defendant has supplied a Court docket-ordered accounting of belongings.
The sale of Capuci’s properties are happening by way of his escrow agent, Michael Dale.
Though he’s been suggested of the injunction and is in contact with each the SEC and Capuci’s attorneys, Dale continues to help Capuci (proper) with violating the granted injunction.
On July 22, 2022, Mr. Dale apprised the SEC {that a} property owned by certainly one of Capuci’s firms, JS Houses Corp., was promoting a property … with a closing scheduled for the week after.
He additionally suggested the SEC that one other property … could also be closing quickly thereafter.
The SEC reiterated its place that the consummation of any such sale would violate the asset freeze and couldn’t happen absent a Court docket order.
On July 26, 2022, Mr. Dale emailed the SEC’s attorneys and Capuci’s attorneys looking for a Court docket order allowing him to shut on (two) … properties, and to promote nonetheless one other property.
On August 3, 2022, Capuci’s actual property dealer requested the SEC if he might proceed with the closing on the gross sales of Capuci’s remaining properties.
The SEC informed the dealer that the gross sales of these properties would violate the asset freeze absent a Court docket order.
Regardless of these communications and warnings to Capuci’s brokers, Capuci apparently continues to aim promoting these three properties.
The SEC goes on to element various Capuci’s properties that stay on the market.
On June 14th, over a month after the MCC TRO was granted, Pires (proper) offered a Florida property for $725,000.
In its September thirteenth movement, the SEC has requested the courtroom discover Capuci and Pires in contempt.
The SEC requests that, together with holding Capuci and Pires in civil contempt, that the Court docket … order Pires to show over the proceeds to this Court docket’s registry.
The SEC has additionally requested the courtroom to granted it restricted discovery, in order that it will probably additional look at and find Capuci’s and Pires’ suspected hid belongings.
At time of publication the courtroom has but to challenge a ruling on the SEC’s contempt movement.