Case Document Entered on FLSD Docket Page of 1be Court specifically finds that JONES flagrant fraudulent activity as demonstrated by clear and convincing evidence by counsel for Morse provides sufficient legal basis for an award of such punitive damages The record on 1his matter shall be scaled but the record upon which this Court has relied shall be attached hereto for appellate purposes That there is currently in excess of I of funds clearly belonging to JONES frozen in various banks in South Florida pursuant lo prior orders of this and other courts That these fonds are not to be moved under any circumstances absent further order of this Court That movement of these funds shall be punishable by civil and criminal penalties That these funds are specifically being held pursuant to order of this Court to fund the award of damages lo MORSE That these courts have jurisdiction to ordm same That in addion to the funds set forth in paragraph above based upon clear and convincing evidence presented by counsel for MORSE and counsels expert witnesses JONES has illcga!!y moved funds from the United States to the Cayman Islands in violation of federal law for the purpose of secreting these assets Thal the RS has provided cornp lent testimony in this regard clearly establishing ownership of these funds by JONES and clearly establishing a partial right of entitlement by the IRS lo a portion ofthes funds Such liability shall be less than Toa this Court has jurisdiction over said assets as they originated in the United States Tho the treaties between the United States and the Cayman Islands and related gc,vernmcnts clearly establishes 1he right of the United States to seize such assets That counsel for MORSE has facilitaled the conmct betwc,;:n the relative govemments and as a Page of6 Case Document Entered on FLSD Docket Page of result this Court has tcceived dear and convincing evidence that such funds will be immediately transfor:red to the United States l2 That the Clerk of Court is hereby directed to immediately submit the proper documentation lo the appropriate bank of the Cayman Islands to facilitate immediate trnnsfer of these funds That any issue arising frorn such transfer shall be immediately reported to this Court That the evidence presented by counsel for JONF.S was inadequate to overcome the findinos made bv this court based upon the evidence presented by counsel for MORSE That counsel for JONES is hereby is found to have acted in contumacious disregard for prior orders of this and other courts and thus is found to be in contempt thereof Further order regarding same shall follow the evidentiary hearing in this regard be set by this Court That MORSE shall be entitled to one-third of any monies collected from counsel for JOli-lES pursuant to said contempt order if monies a:re assessed That this Court has entered an order freezing said assets and has the authority to do so That JONES counsels arguments that this Court lacks such jurisdiction is without merit nnd frivolous That the presentation of such evidence by counsel for JONES demonstraccs a lack of a good faith basis to prevent same in violation of Federal Rule of Civil Procedure I That MORSE has demonstrated by clear and convincing evidence ownership of these funds bj JONES that said funds are hereby frozen and not subject to any activity by JONES or any agent of JONES whether situated here or in the United States Page of6 Case Document Entered on FLSD Docket Page of That these funds shall be frozen for the purpose of smisfying the judgment of this Cou11 again.st JONES and in MORSEs favor Thal MORSE shall be required to deposit to their attorneys trust account the sum of no later than a.m tomorrow morning tbe20 day of March to secure JONES in the event of an illegal seizure of said fullds If such firnds arc not so pnst ld this order shall be null and void in its entirety and the case shall proceed according to further order of this Court That coUllSel for MORSE shall appear before this Coun and testify under oath as to his recelpt of these funds under penalty of perjury and subject to action by the Florida Bar That based upon argument and representations of MORSEs counsel made under oath MORSE is suffering from significant financial dtstress due to the economy and that such a posting could cause severe and irreparable harm to MORSE thus as swil ly as possible in a manner that does not interfere with the mission of the federal agencies now herewith involved however with the full and unfettered cooperation of the federal agencies now involved in this matter following the posting by Morse of associated wi1h the seizme of the funds located in the Caymans all other bond umounts shall be returned to MORSE as follows previously posted by MORSE previously posted by MORSE and the posted in two sepa;ate postings by MORSE MORSE"s counsel shall act as liason between his clients and l!he federal agencies lo expedite return of the funds Should there be any unnecessary delay in such return of funds Counsel for MORSE shall appear before this Court on an emergency basis ro seek whatever assistance is required and such assistance shall not bt unreasonably withheld The Clerk of the Courts is ordered to take all steps necessary to Page of Case Document Entered on FLSD Docket Page of assist counsel in ex:pediting return of the 267runds to MORSE in a timely and expedited fashion Further within three business days of the Clerks receipt of said funds hcrev.itb being transferred from the Cayman Islands in compliance with this order said amount being appro imately shall notify this Court of same so that this Court can issue an order as to the division of said funds Within five business days of such order di,,iding same that portion belonging to MORSE shall be delivered to them via their counsel The Court finds that JONES has waived its right to appeal the order of interest and pem 265ties based UpDn the doctrine of fraud in the inducement lbe coun finds that JONES is not entitled to equitable relief of any kind based upon the fact the doctrine that he who sc-ek equity must do equity JONES has unclean hands and thus can not recover anything from MORSE Thm this Court has jurisdiction over the Court currently hearing the mlwr known as MIZNER referred in 1hc Court record by number and hercal er referred to as MIZNER That this Court orders the Court below MIZNER to release any and all bond funds held pursuant to prior order of that court within three business days of the entry of this order Counsel for MORSE shall facilitate same and insure that srune occurs Should there be a delay counsel for MORSE shall appear before lhis Court on an emergency basis ro,d seek whatever assistance is needed to achieve the established objectives Counsel for the parties are instructed to insure that all deadlines in this Order are satisfied in a timely fashion subject to further order of this Court Page of6 Case Document Entered on FLSD Docket Page of That bo1h lhe Federal Court of the Southem District of Florida and this Court have concurrent jurisdiction over these matters and same may be enforced in either venue and That pursuant to the Bank Secrecy Act as amended on October The Freedom of lnfo ation Act The United States Patriot Act The Currency and Foreign Transaction Repor,ting Act of as amended on November USC the USA Patriol Act Title Il Md the judgment of this Court based upon information received under oath this Order the facts of and amounts contained herein the findings hereof and any and all other matters surrounding same shall be held in strict confidence so as not to jeopardize any potential investigation by die appropriate governmental agencies Violation of this portion of this order shall result in civil and criminal penalties DONE AND ORDERED in Chambers at West Palm Beach Palm Beach County Florida this th day of March Copies to All counsel of record IRS Plantation Office FBI Miami Office Case Document Entered on FLSD Docket Page of UNITED STATES DiSTRJCf COURT SOUTHERN DISTRlCT OF FLORIDA Case No NDER SEAL C!V-MARRA EDWARD MORSE 2nd CAROi MORSE Plaintiffs JAN JONES INTER JATIONAL INC a/k/a ICON BY JAN JONES Defendan1 i STIPULATED CONFIDENTIALITY ORDER I On March this Court entered a detailed Order with regard to its Final Findings u1 this mal1er Final Order As a direct result of the nature of a significant amount of the evidence presented to this Court prior to the Court entering its Final Order and as a result of the contents of that Final Order trus Court has made a derennination that the Final Order itself as well as the evidence leading to same shall be sealed and shall remain confidential in perpetuity unless othefvise ordered by this Cour1 or another court of competent jurisdiction as derailed in this Confidentiality Order AH pctriles this t!larter including all vitnesses Lhereto aie hereby bound by this Conr;dentiality Order Anv failure to comply v,ith this Confidentiality Order by any parly or witness shall resuli in se1ere consequnces including without limitation civil and criminal penalties Case Document Entered on FLSD Docket Page of Any breach of rhts Conlidentiality Order must be reponed to the Court immediately hy the discovering party_ Failure to so report same shall result tr1 severe consequences including without imitation civil and criminal penalties 6_ The Final Order of this courr dated March shall be made a part hereof and shall be incorporated by reference herein Any failure to comply with this Confidentiality Order or Final Order must be reported to this court under seal and such non compliance shall result in severe consequences to the breaching party_ g_ All information relating this Courts Final Order to which any party is given access or which is made available to any party is hereinafter referred to as Confidential Information Confidential Information shall include without limitation all methods and systems used in this case names and addresses of customers technical memoranda research reports investigative reports analyses of any part of this case all data documents and technology contracts depositions notes of depositions clients notes clients diaries lawyers notes court notes court orders preceding this order pleading all discovery all email or other electronic communications between any and all parties wimesses lawyers andior other participating in any way in this matter proprietary infomwtion historical and projected financial information acts of fraud information relating to transfer of funds fraudulent or otherwise posting of bonds return of bonds attorneys fees_ operating data and organizational strnctures now or hereafter existing or previously deveioped or acquired regardless of whether any such iDfom1ation_ data or documents qualif as trade secrets under applicable la any and all other information related to this or any other related marrer collective!,_ the Confidential Information Case Document Entered on FLSD Docket Page of 3ecause the secrt:cy of the Confitle11tia Int:Jrmation ls critical co this court and its further proceedings which shall also remain coniidential until brought public the parties and witnesses hereto acknowledge and agree that the Confidential Information shall at all rimes be kept in strict confidence by the party and/or witness and same shall not directly or inc;!irectly during or after the entry of this order and its execution except as required by law with the prior written consent of this court a disclose to any person or entity any Confidential Information without the express written consent of this court which may be withheld in its sole discretion or use any Confidential Information for the parties own benefit or any other purposes for the benefit or purposes of any other person or entity or in any manner whatsoever If the party or witness is required in any civil or crimh1al legal proceeding regulatory proceeding or any similar process to disclose any part of the Confidential lnfonnation such party shall give prompt notice of such request to the Court and Lhe Court shall enter an order as it deems appropriate Nothing shall be disclosed without same All Confidential lnformation including without limitation all copies of all documents and other materials which the parties have received or reviewed or otherwise have knowledge of shall at all times be kept in strict confidence by the party The parties have been advised and fully understand the heightened confidentiality requirements relative to this matter including among other things the legal obligations of hw1yers to maintain their confidentiality obligations to clients and the parties legal obligation to maintain tile confidemiality set ti:mh in this order Clients are restricted from discussing this m2ttcr with any individual or entity other tha11 their respective counsd of record in this matter The parties have indicated that the as a resull of this action ha Case Document Entered on FLSD Docket Page of access cu ccri:ain Confidcmial nforrnation as defined herein By execurion of this order the parties recognize acknowledge and confirm their understanding of the confide11tia 11atu,:e of the Confidential nforrnation and the da,-nage that would result if any of the Confidential lnforrnation is disclosed to any Person and the parties understand their obligation to this court and the fact that this court has jurisdiction over them upon execution of this document by their consent thereto Further because disclosure of any Confidential lnformation as defined herein would result in severe damage as contemplated by this Court which would be difficult to quantify the parties agree that liquidated damages would be a reasonable basis to calculate civil damages caused by a breach and that damages of per each incident of disclosure of Confidential Information by the parties and/or their representatives is agreed to under this Confidentiality Order Such liquidated damages shall not prevent this Court from assessing additi.onal damages and from moving forward in a criminal proceeding agairLst the party so breaching this Confidentiality Order Each party hereby represents and warrants that they are not bound by the terms of a confidentiality agreement or other agreement with any third party that would conflict with IDY of the parties obligations under this Confidentiality Order The Parties stipulate that this Stipulated Confidentiality Order is intended to strictly limit and prevent disclosure of information and production of documents compromising the Confidential Information set forth herein and in the final Order dated March I It is further acknowledged that each parry may be held responsible for any failure on his or her part ro comply v,ith the provisions ot the Confidenrialiry Order and agrees to Page of Case Document Entered on FLSD Docket Page of l:IJeCt h1mseif or herself lo the jurisdiction or this coun t"or the purpose of enforcing this Cot,ifidemia!ity Order Toe restrictions set fotih this Confidentiality Order shall apply to any and all documents or other information whatsoever designated as CONFIDENTlAL by this Court All information shall be deemed confidential and the parties agree to exercise extreme discretion in protecting same The Court hereby warns all parties hereto to err on the side of protecting such data Violation of this order will be dealt with immediately and subject the violator to severe sanctions and penalties This Agreement shalt be binding upon the parties hereto and their respective agents successors and assigns and inure to the benefit of the parties and their respective successors and assigns Toe parties warrant to each other that they each have full power and authority to execute this Agreement for and on behalf of themselves and/or their respective companies Parties as used herein shall include all persons executing this document as well as their representatives agents and assigns Each party placing their signature hereon makes the following attestation I certify and acknowledge under penalty of perjury that have received a copy of the Stipulated Cc,nfidentiality Order the 267Confidentiality Order which governs the production and use of confidential documents and information produced by the Parties as defined in the Order or third parties in this case I have read and u1;derstand th Order and hereb acknow!ed1 that am bound bv it and aoree to abide by it fi.trther understand that information designated as CONFlDENTlc in this case and an nutes mc:f11oranda or other fom of information derived from ir Page of Case Document Entered on FLSD Docket Page of tml n.or be used copied or dl:;dosec by me to anyone se except strict accordance wrth the order and then only for the prosecutiot1 and defense of this litigation upon proper court order SIGNATURES ON FOLLOWING PAGES Pa or Case Document Entered on FLSD Docket Page of J,i I STA TE COUNTY oii-.c-J,cr::--Vt BEFORE ME tl1e undersigned authority personally appeared EDWARD MORSE who after being duly sworn according to law deposes and says that he has read the foregoing document and that it is true and correq under penalty of perjury SWO AND SUBSCRIBED before me thii day COMMISSION NUMBER/EXPlRATIONJSEAL Pa of Case Document Entered on FLSD Docket Page of United States Coun of Appeals Eleventh Circuit Under Seal-Civ-Marra EDWARD MORSE and CAROL MORSE Plaintiffs-Appellants JAN JONES INTE;RNA TIONAL INC a/k/a ICON BY JAN JONES Defendant-Appellee In re EDWARD MORSE and CAROL MOR.SE Petitioners Appeal from the United States District Court for the Southern District of Florida Under Seal Civ-Marra Kenneth A Marra Judge Case Document Entered on FLSD Docket Page of Upon receipt of the orders the undersigned began to put into place all actions 267necessary to timely comply with 267said orders In hearings held subsequent to the entry of these orders it became abundantly clear to the undersigned that Judge Marra was in some way uncomfortable with his orders and was either staying th orders or reversing his prior decisions by vacating the orders Howe:ver despite continuous inquiry by the undersigned counsel was unable to determine what Judge Marra intended to do and how he intended to proceed A thorough review of the record below which is available to this Court under seal clearly indicates that the undersigned as counsel for the plaintiff had significant basis for concern based upon comments and ore tenus rulings made by Judge Marra in the court below I Most importantly as can be seen by the sealed record now before this court when the undersigned spei;ifically inquired of the Court as to whether he was permitted to move forward with the on:jers entered on th and April 23ro the courts responses to the undersigned are non-descriptive and completely without guidance at best Wben the undersigned inquired of the court below further and specifically asked the court whether the orders were stayed vacated reversed or in full force and effect the court clearly replied that the court believes it had made itself clear Not wanting to viol.ate a court order of a respected district court judge the under igned detennined that the only course of conduct rem in order to protect his clients rights was to file an Emergency Writ of Mandamus with this court ft is the position of the Plaintiffs that they have a clear and unwavering legal right to the relief awarded them in the courts orders as set forth herein ROTHSTEIN ROSENFELDT D1 L.-u Olas City Centre 40LE Las Obs Btmlcv;,rd Suite Fort Lauderd:tlc Florida Case Document Entered on FLSD Docket Page of Moreover it is without doubt that the undersigned bad every right to be concerned with the ore tenus rulings of the court bel9w which post c!JJ,ted the orders in question As an officer of the court the undersigned has a direct responsibility to zealously protect the rights of his client And as an officer of the court the undersigned has il direct responsibility to fully and completely obey the orders of court and when he is given reason to doubt the efficacy of subsequent orders of court that appear to taint the order in question to attempt to ascertain the validity of said order That is exactly what the undersigned has done here Upon determining that the validity of the orders in question were in doubt and upon detennining that he could not proceed without further order of a higher cou,t this Emergency Writ was filed Plaintifls have a clear legal right to the relief specifically set forth in the or,lers in question I The court below had an indisputable duty to act but failed to do so and failed to given the undersigned any guidance At this stage in the proceedings the Plaintiffs have no other remedy at Jaw other than this Writ 1f this writ is not entered in Plaintiffs favor the Plaintiffs will suffer unfair prejudice as a matte of law Do,ol tln,t a,,y cs I ROTHSTEIN ROSE.lF ADLt:R lM Olas City Cmtre Las J.s Bouk:vam Suite fort buderdak F1ori b3QI Case Document Entered on FLSD Docket Page of Respectfully submitted ROTHSTEIN ROSENFELDT ADLER Counsel for Petitioners Las Olas City Centre Las Olas Boulevard Suite Fort Lauderdale Florida Tel Fax Email sr ein rra By:_-"litf-ti:c Rothstein Esq Florida Bar No FOR THE FIRM ROTH.STEIN ROSlNFELDT ADLER Las Ola Cit Centre 40lE L;,s Ola Boulevard Suite fot1 Lauderdale Florida Case Document Entered on FLSD Docket Page of United Srates Court of Appeals Eleventh Circuit Under Seal-Civ-Marra EDWARD MORSE and CAROL MORSE Plaintiffs-Appellants JAN JONES INTERNATIONAL INC a/k/a ICON BY JAN JONES Defendant Appellee In re EDWARD MORSE and CAROL MORSE Petitioners August Appeal from the United States District Court for the Southern District of Florida Under Seal-Civ-Marra Kenneth A Marra Judge On Petition for Writ of Mandamus Before Susan Black Circuit Judge ORDER ON EMERGENCY WRIT OF MANDAMUS Having reviewed the sealed court file as provided by the Clerk of the Court below Judge Marra and having heard argument of counsel in closed proceedings to maintain the integrity of the confidentiality order issued in this matter by the Court below as well as having heard directly from Judge Marra and Judge Gerber we find as follows Findings or Fact I The Court below entered orders on March and April specifying that certain specific act were to bke place on certain specific dates Many of these actions invvlved return of funds rightfully belonging to the Piainti ffs Case Document Entered on FLSD Docket Page of Subsequent to the entry of same Judge Marra despite his rulings to the contrary made multiple ore tenus rulings on the record which gave counsel for Plaintiff clear room for pause in following said orders In multiple subsequent hearings Plaintiffs counsel clearly attempted to ascertain whether the orders stood as entered or whether they had been reversed or stayed Based upon our full and complete review of the record it became clear that Judge Marra had no intention of proceeding as he previously ordered and was either reversing or staying his prior orders as set forth above Whichever his intention is not for this Court to decide We simply review this matter as it is presented to us to wit lawful orders were entered and then Vacated or stayed for no clear and convincing reason and without a stated basis in law or fact We make no finding whether Judge Marra was correct in his conclusion but simply that the record lacked the thoroughness and completeness that is mandated when reversing orders of this lJlgnitude Thus we find that counsel for Plaintiff properly and timely filed a sealed Emergency Writ of Mandamus with this Court in an attempt to properly protect his clients rights under the order Conclusions of Law This Court has jurisdiction over this matter pursuant to tl,e laws conlTO!ling Writs of Mandamus This matter is properly before this court The findings of Judge Marra in the court below in the orders dated March and Apr are well based in fact and law Case Document Entered on FLSD Docket Page of The subsequent ore tenus rulings of Judge Marra are without basis in law or fact The subsequent ore tenus rulings by Judge Marra fail to provide a sufficient record as mandated by the rules of court to allow this court to enter a ruling as to whether Judge M?JTa had the legal right to stay or reverse his prior order Plaintiffs writ of mandamus is legally sufficient to allow this court to rule in full on all matters pending before it Thus we as a Court with jurisdiction over this matter find as follows Judge Marras prior orders are hereby reinstated and remain in full force and effect To the extent that the later order conflicts with the earlier order the later order shall prevail and control Judge Marras concerns regarding protection of the Governments role in this matter are wen founded in both law and fact We specifically defer furiher comroent on this portion of th.is matter to maintain the integrity of the governments investigation As a matter of procedure we note that a confidentiality order remains in full force and effect l1i this matter We specifically mandate that our rulings herein shall have no effect whatsoever on said order and th.at same shall remain in full force and effect in perpetuity We again strongly caution all counsel and mandate that they caution and counsel their respect,ve clients that this matter is governed by a strict confidentiality order that th..is court hereby holds shall remain in foil force and effect and which this court si:rongl:f cautions contains severe prnalt:es for any violation of same Case Document Entered on FLSD Docket Page of This order and the complete sealed record shall be forwarded to the Department of Treasury forthwith The clerk of this court is ordered to expedite same Sealed instructions shall be provided by this court to the Clerk The Department of Treasu.ry is ordered to expeditiously review the malerials and then upon completion of same shall immediately send a letter to this court advising that such teview is complete and that they require nothing further from this court Upon receipt of same the clerk of this court shall advise Plaintiffs counsel that bis Writ has been granted in full and that be is free to comply fully and completely with Judge Marras orders A copy of this order shall fuen be provided to all counsel of record This order shall not be fumished to any counsel of record until such time as the Department of Treasury has completed its review of the sealed record and has forwarded said letter as mandated above th.is court Th.is order is self executing and thus nothing need be brought back before this court on any of these issues PlaintiJfs have a clear legal right to the remedies they are seeking The court below had an indisputable duty to act bul failed to lo do so The pl;iintiffs have no other remedy available to tilem in law or equity If this court does not act the plaintiffs will suffer irreparable hann and unfair prejudice DONE A.ND ORDERED in Chambers at Atlanta Georgia this f3 day of August Copies ro IRS Plantal:ion Offict inited States A ale Court Judge United Sto,es Collf1 of Appeals Eleventh Circuit Case Document Entered on FLSD Docket Page of FBI Miami Office U.S Dept ofTrca.sury Washington D.C Clerk of Court United States District Court
