Weintraub Organization, LTD., The v. Martinez Et Al - Document No. 6

Weintraub Organization, Ltd., The v. Martinez et al Doc.
6
Case 1:06-cv-01877-WYD-CBS Document 6 Filed 09/25/2006 Page 1 of 5
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Case No. 06-cv-01877-WYD
THE WEINTRAUB ORGANIZATION, LTD.,
Plaintiff,
v.
CARRISAMAE MARTINEZ, formally known as CARRISAMAE EVANS, formally known

as CARRISAMAE FREDERICK; and
STEPHEN MARSHALL EVANS,
Defendants.
_____________________________________________________________________
TEMPORARY RESTRAINING ORDER
THIS COURT, having considered Plaintiffs’Motion for Preliminary Injunction and
Temporary Restraining Order and having conducted a hearing on September 25, 2006,
finds as follows:
1. The Court enters this Temporary Restraining Order based upon its
consideration of the allegations set forth in the Verified Complaint for Injunctive Relief
and Money Damages, and Jury Demand, as well as the statements set forth in
Plaintiff’
s Motion for Temporary Restraining Order. In addition, the Court enters this
Temporary Restraining Order based upon the statements made by counsel for Plaintiff
during a hearing held on September 25, 2006.
2. Plaintiff’
s Verified Complaint and Motion for Temporary Restraining Order
set forth the following allegations:
a. Defendant Frederick and Defendant Evans were married, and upon
Dockets.Justia.com
information and belief, living together as husband and wife until July 6, 2001.
b. Defendant Frederick was employed by Plaintiff as controller from August
2, 2001 through July 21, 2006. At the time Defendant Frederick terminated her
employment with Plaintiff her annual salary was approximately $51,000.
c. As controller, Defendant Frederick’

s job duties and responsibilities
included, but were not limited to, oversight of accounts receivable and accounts
payable, making deposits into Plaintiff’

s bank accounts, and reconciling Plaintiff’
s
accounts. Defendant Frederick did not have authority to sign checks on behalf of
Plaintiff. Rather, only Plaintiff’

s President, Jerry M. Weintraub, and Executive Vice-
President, William E. Peters, had check signing authority.
d. Beginning in June, 2004, Defendant Frederick entered into a scheme
whereby she wrote approximately sixty (60) checks payable to “Stephen Evans”and
forged the signature of Plaintiff’

s Executive Vice-President, William E. Peters, on each
check. Upon information and belief, Defendant Frederick then utilized various
automated teller machines (“ATM”) to deposit the checks in accounts with Bank of the
West (f/k/a Commercial Federal Bank), which accounts were held in the names of
Defendant Frederick and/or Defendant Evans. Upon information and belief, funds from
each forged check were subsequently withdrawn or transferred from the Bank of the
West account(s) and utilized for Defendant Frederick’

s and possibly Defendant Evans’
personal benefit.
e. Upon information and belief, to hide Defendant Frederick’

s
misappropriation of Plaintiff’
s funds, entries were made by Defendant Frederick into
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Plaintiff’
s computerized accounts payable program using valid vendor codes. Upon
information and belief, Defendant Frederick would then manually change the payee on
each check from the valid vendor associated with the code to Stephen Evans.
f. Upon information and belief, each check payable to Stephen Evans was
either cashed by a Colorado bank, or deposited into a Colorado bank.
g. Each check payable to Stephen Evans was drawn upon Plaintiff’

s bank in
Pennsylvania.
h. Because Defendant Frederick was responsible for reconciling Plaintiff’

s
accounts, Defendant Frederick received the statements from Plaintiff’

s bank in
Pennsylvania and was able to hide the existence of checks written to Stephen Evans
from her supervisors and other employees of Plaintiff.
I. Using the process described above, Defendant Frederick and Defendant
Evans misappropriated Plaintiff’

s funds in an amount exceeding $500,000.00.
j. Upon information and belief, Defendant Frederick utilized Plaintiff’

s funds
to make a down payment in the approximate amount of $72,000 on the purchase of a
new home.
k. Upon information and belief, Defendant Frederick utilized Plaintiff’

s funds
to purchase furniture and other furnishings and personal property for her new home.
l. Upon information and belief, Defendant Frederick utilized Plaintiff’

s funds
to purchase a 2006 Honda Accord 4-door automobile from Kuni Honda.
m. Upon information and belief, Defendant Frederick utilized Plaintiff’

s funds
to purchase a diamond ring and to finance her honeymoon cruise.
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3. Based upon these factual allegations, the Court finds that there is a
danger of real, immediate, and irreparable injury to Plaintiff because Defendant
Frederick and Defendant Evans may transfer Plaintiff’

s funds out of savings accounts,
checking accounts, etc. In addition, Defendant Frederick and Defendant Evans may
sell or transfer the real and personal property that they purchased, either wholly or
partially, with Plaintiff’

s funds. The threat of real, immediate, and irreparable injury can
only be limited by issuance of a temporary restraining order.
4. The danger of real, immediate, and irreparable injury to Plaintiff may be
prevented by enjoining Defendant Frederick and Defendant Evans from transferring
Plaintiff’
s funds out of savings accounts, checking accounts, etc. and by enjoining
Defendant Frederick and Defendant Evans from selling, conveying, gifting, or otherwise
transferring the real and personal property that they purchased with Plaintiff’
s funds.
5. Plaintiff has no speedy or adequate remedy at law because absent the
issuance of a temporary restraining order and the entry of a preliminary injunction,
Plaintiff will lose the ability to trace and disgorge the funds stolen by Defendants.
6. The conditions set forth in FED. R. CIV. P. 65(b) for the issuance of a
Temporary Restraining Order are fully met by the facts and circumstances of this case
as reflected by the Plaintiff’

s Verified Complaint and Motion for Temporary Restraining
Order, as well as the statements made by Plaintiff’

s counsel during the hearing
conducted on September 25, 2006.
IT IS THEREFORE ORDERED that Defendants are enjoined from transferring
Plaintiff’
s funds out of savings accounts, checking accounts, etc. and Defendants are
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further enjoined from selling, conveying, gifting, or otherwise transferring the real and
personal property that they purchased with Plaintiff’

s funds. It is
FURTHER ORDERED that the required security for the issuance of this
Temporary Restraining Order is $5,000.00. It is
FURTHER ORDERED that this Temporary Restraining Order shall not be
effective until Plaintiff deposits $5,000.00 in the registry of the Court. It is
FURTHER ORDERED that this Temporary Restraining Order is entered without
notice to Defendants because doing so would provide Defendants the opportunity to
engage in the very conduct that Plaintiff seeks to avoid, i.e. transferring funds out of
savings accounts, checking accounts, etc. and selling, conveying, gifting, or otherwise
transferring the real and personal property that Defendants purchased with Plaintiff’
s
funds. It is
FURTHER ORDERED that this Temporary Restraining Order shall expire within
ten (10) days of its issuance, unless extended by the Court for good cause shown.
Dated: September 25, 2006
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
U. S. District Judge
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Weintraub Organization, Ltd., The v. Martinez et al Doc.

UNITED STATES DISTRICT COURT

Civil Case No. 06-cv-01877-WYD

THE WEINTRAUB ORGANIZATION, LTD.,

CARRISAMAE MARTINEZ, formally known as CARRISAMAE EVANS, formally known

TEMPORARY RESTRAINING ORDER

THIS COURT, having considered Plaintiffs’Motion for Preliminary Injunction and

during a hearing held on September 25, 2006.

set forth the following allegations:

a. Defendant Frederick and Defendant Evans were married, and upon

b. Defendant Frederick was employed by Plaintiff as controller from August

employment with Plaintiff her annual salary was approximately $51,000.

c. As controller, Defendant Frederick’

payable, making deposits into Plaintiff’

Plaintiff. Rather, only Plaintiff’

President, William E. Peters, had check signing authority.

d. Beginning in June, 2004, Defendant Frederick entered into a scheme

forged the signature of Plaintiff’

West account(s) and utilized for Defendant Frederick’

e. Upon information and belief, to hide Defendant Frederick’

either cashed by a Colorado bank, or deposited into a Colorado bank.

g. Each check payable to Stephen Evans was drawn upon Plaintiff’

h. Because Defendant Frederick was responsible for reconciling Plaintiff’

accounts, Defendant Frederick received the statements from Plaintiff’

from her supervisors and other employees of Plaintiff.

I. Using the process described above, Defendant Frederick and Defendant

Evans misappropriated Plaintiff’

j. Upon information and belief, Defendant Frederick utilized Plaintiff’

to make a down payment in the approximate amount of $72,000 on the purchase of a

k. Upon information and belief, Defendant Frederick utilized Plaintiff’

l. Upon information and belief, Defendant Frederick utilized Plaintiff’

to purchase a 2006 Honda Accord 4-door automobile from Kuni Honda.

m. Upon information and belief, Defendant Frederick utilized Plaintiff’

to purchase a diamond ring and to finance her honeymoon cruise.

danger of real, immediate, and irreparable injury to Plaintiff because Defendant

Frederick and Defendant Evans may transfer Plaintiff’

partially, with Plaintiff’

only be limited by issuance of a temporary restraining order.

4. The danger of real, immediate, and irreparable injury to Plaintiff may be

prevented by enjoining Defendant Frederick and Defendant Evans from transferring

5. Plaintiff has no speedy or adequate remedy at law because absent the

issuance of a temporary restraining order and the entry of a preliminary injunction,

as reflected by the Plaintiff’

Order, as well as the statements made by Plaintiff’

conducted on September 25, 2006.

IT IS THEREFORE ORDERED that Defendants are enjoined from transferring

personal property that they purchased with Plaintiff’

Temporary Restraining Order is $5,000.00. It is

FURTHER ORDERED that this Temporary Restraining Order shall not be

effective until Plaintiff deposits $5,000.00 in the registry of the Court. It is

FURTHER ORDERED that this Temporary Restraining Order is entered without

notice to Defendants because doing so would provide Defendants the opportunity to

Dated: September 25, 2006

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