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Replies to post #91137 on Optec International Inc (OPTI)
02/20/26 9:09 AM
Did you guys read the indictment??? Rosen motive was making up complete bullshit while dumping all his crap OPTI stock on you all.
https://drive.google.com/file/d/1n6h4h7ANBOYpa5NWOf7iR2i_90EXDUaB/view
Holy smokes man...
Once a judge is informed that an asset under civil receivership is now part of a criminal indictment, they are generally required to stop or void any further transfer of that asset to protect it for potential criminal forfeiture.
Assets under a receivership are in custodia legis (in the custody of the court), meaning only the court can authorize their transfer. If those assets become tainted by a criminal indictment, they must be preserved for justice, and any unauthorized transfer is void and ineffective.
1. Custodia Legis and Court Authority
When a receiver is appointed, the court takes control of the assets to preserve them. Any attempt by a defendant, creditor, or third party to transfer an asset in a receivership without the court’s permission is void.
2. Criminal Indictment and Asset Freeze
If a criminal indictment involves the assets in a receivership, federal and state laws (such as California's Penal Code Section 186.11, "Freeze and Seize Law") empower the court to:
Immediately halt all transfers: The judge, upon receiving notification, will issue a stop order to ensure assets are not dissipated.
Re-evaluate the estate: The court must determine if the assets are "tainted" (proceeds of crime) or legitimate.
3. Receiver Duties upon Notice
If a receiver discovers criminal activity or is notified of an indictment, they are required to:
Report to the court: Inform the judge immediately.
Seek Instructions: The receiver must request instructions on how to handle the asset in light of the criminal proceedings.
AI
