...E. All money paid to Plaintiffs pursuant to this Order may be deposited into a fund administered by the Commission or its designee on behalf of both the Commission and the State of Florida. This fund shall be used for equitable relief, including consumer redress and any attendant expenses for the administration of any redress fund. If a representative of the Commission decides that direct redress to consumers is wholly or partially impracticable or money remains after redress is completed, the Commission may apply any remaining money for such other equitable relief (including consumer information remedies) as it determines to be reasonably related to Stipulating Defendants’ practices alleged in the Complaint, relinquish its authority over any portion of the joint monies not used for equitable relief to the State of Florida, or both. Stipulating Defendants shall have no right to challenge the Commission’s choice of remedies under this Section. Stipulating Defendants have no right to challenge any actions Plaintiffs or their representatives may take pursuant to this Subsection. F. All joint funds not used for the equitable relief described above in Paragraph E of this Section shall be distributed between the Commission and the 14 Case: 1:16-cv-06607
Document #: 98 Filed: 05/11/17 Page 14 of 25 PageID #:1644 State of Florida in the following manner:
1. The State of Florida shall be reimbursed for the costs and fees it incurred in this matter including its costs of investigation and litigation, after which,
2. All remaining joint funds shall be divided equally between the Commission and the State of Florida. Any money paid to the Commission not used for equitable relief shall be deposited to the U.S. Treasury as disgorgement.
SECTION VII: DISSOLUTION OF ASSET FREEZE IT IS FURTHER ORDERED that the freeze on the Stipulating Individual Defendants’ and Defendant 9138242 Canada Corporation’s assets pursuant to the Stipulated Preliminary Injunction as to Defendant Gary Oberman, entered on July 28, 2016 (Dkt. No. 52) and the Stipulated Preliminary Injunction as to Defendants BlackOptek CE Inc., 9138242 Canada Corporation, Digital Growth Properties, LLC, Muzaffar Abbas, Donald Dolphin, and Justin Powers (the “BlackOptek Preliminary Injunction”), entered on July 28, 2016 (Dkt. No. 54) is modified to permit the payments and other transfers identified in Section V above. The freeze on the Stipulating Receivership Defendants’ assets shall remain in effect until such time as the Receiver receives payment of all Court-approved fees and expenses of the Receiver and the Receiver is discharged pursuant to Section X of this Order. Upon completion of all payments and other obligations identified in in Sections V and X, the asset freeze is dissolved as to Stipulating Defendants. A financial institution 15 Case: 1:16-cv-06607 Document #: 98 Filed: 05/11/17 Page 15 of 25 PageID #:1645 shall be entitled to rely upon a letter from Plaintiffs stating that the freeze on a Stipulating Defendant’s assets has been lifted.
