Opinion
2:22-cv-00612-CDS-EJY
01-24-2023
SECURITIES AND EXCHANGE COMMISSION, Plaintiff v. MATTHEW WADE BEASLEY, et al., Defendants THE JUDD IRREVOCABLE TRUST, et al., Relief Defendants
GREENBERG TRAURIG, LLP, KARA B. HENDRICKS, JASON K. HICKS, KYLE A. EWING, JARROD L. RICKARD, KATIE L. CANNATA, SEMENZA KIRCHER RICKARD, DAVID R..ZARO, JOSHUA A. del CASTILLO, MATTHEW D. PHAM ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP Attorneys for Receiver Geoff Winkler DEFENDANT MATTHEW WADE-BEASLEY, DEFENDANT MATTHEW WADE BEASLEY SECURITIES & EXCHANGE COMMISSION TRACY S. COMBS, ESQ., CASEY R. FRONK, ESQ.
GREENBERG TRAURIG, LLP, KARA B. HENDRICKS, JASON K. HICKS, KYLE A. EWING, JARROD L. RICKARD, KATIE L. CANNATA, SEMENZA KIRCHER RICKARD, DAVID R..ZARO, JOSHUA A. del CASTILLO, MATTHEW D. PHAM ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP Attorneys for Receiver Geoff Winkler DEFENDANT MATTHEW WADE-BEASLEY, DEFENDANT MATTHEW WADE BEASLEY
SECURITIES & EXCHANGE COMMISSION TRACY S. COMBS, ESQ., CASEY R. FRONK, ESQ.
STIPULATION AND ORDER AUTHORIZING DEFENDANT MATTHEW WADE BEASLEY TO TRANSFER OWNERSHIP OF REAL PROPERTIES TO RECEIVERSHIP ENTITY J&J CONSULTING SERVICES, INC., A NEVADA CORPORATION
Hon. Cristina D. Silva, Judge.
The following Stipulation and [Proposed] Order Authorizing Defendant Matthew Wade Beasley to Transfer Ownership of Real Properties to Receivership Entity J&J Consulting Services, Inc., a Nevada Corporation (the "Stipulation") is entered into by and between Geoff Winkler (the "Receiver”), the Court-appointed receiver in the above-entitled action, and the plaintiff Securities and Exchange Commission (the "Commission"), and defendant Matthew Wade Beasley ("Mr. Beasley") by and through their respective representatives and with reference to the following facts:
1. On motion of the Commission, the Receiver was appointed on June 3,2022 pursuant to this Court's Order Appointing Receiver [ECF No. 88], as amended by its July 28, 2022 Order Amending Receivership Order [ECF 207] (collectively the "Appointment Order");
2. Among other things, the Appointment Order required the defendants in the above-entitled action to turn over to the Receiver certain real and personal property assets, and further authorized the Receiver to market such assets for sale;
3. On August 8, 2022, this Court entered its Order Granting Petition of Receiver, Geoff Winkler, for Order Approving Procedures for Sale of Real Property Out of Receivership (the "Real Property Sales Procedures Order'1) [ECF No. 224] which, among other things approved the Receiver's recommendations for the marketing and sale of those real property assets subject to the turnover provisions of the Appointment Order, including the transfer of record ownership of such real property to the receivership estate;
4. The Receiver has identified the following real properties (collectively, the "Properties") owned in whole or in part by Mr. Beasley, or an entity or trust owned or controlled by him (collectively "Beasley"), and bearing the legal descriptions appended hereto as Exhibits 1 through-6 as real properties subject to the turnover provisions of the Appointment Order and the sales procedures established by the Real Property Sales Procedures Order:
| Address / Property Description | Assessor's Parcel Number |
| 5475 Ruffian Road, Las Vegas, NV 89149 | 126-36-501-029 |
| 2143 Via Regina Coeli Street, Las Vegas, NV 89124 | 129-02-410-074 |
| ±0.64 Acres - SWC Ruffian Rd and W Stephen Ave, Las Vegas, NV 89149 | 126-36-501-031 |
| 5485 Ruffian Road, Las Vegas NV 89149-1269 | |26-36-501-030 |
| ±2.5 Acres - N WC Ruffian Rd and W Hammer Ln, Located in Section 36, Township 19 South, Range 59 East, Las Vegas, NV 89149 | |26-36-501-017 |
| ____________ | ________________________ |
| 548 Lucerne Way, South Lake Tahoe, CA 96150 | 022-111-013-000 |
5. Beasley acknowledges that the Properties are subject to the turnover Provisions of the Appointment Order;
6. The Receiver has determined, in his reasonable business judgment, that it is necessary and appropriate for Beasley's ownership interest in the Properties to be assigned to one of the entities placed into receivership pursuant to the Appointment Order and under the Receiver's exclusive authority and control, J&J Consulting Services, Inc., a Nevada corporation ("J&J Consulting"), or such other entity in receivership that the Receiver may designate, in order for the Receiver to successfully market, sell, and convey clear title to prospective purchasers of the Properties; and
7. The Receiver, the Commission, and Mr. Beasley agree that it is necessary and appropriate, and consistent with the turnover provisions of the Appointment Order, for Beasley to transfer or assign his ownership interest in the Properties to J&J Consulting, or such other entity in receivership that the Receiver may designate, in order to facilitate the Receiver s marketing and sale of the Properties for the benefit of the receivership estate established by the Appointment Order.
ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel that:
A. Beasley is authorized to transfer or assign his ownership interest in the Properties, bearing the legal descriptions appended hereto as Exhibits 1 through 6 to J&J Consulting, or such other entity in receivership and under the Receiver's exclusive authority and control as designated by the Receiver.
B. The forgoing transfers may be accomplished by grant deed, quit claim deed or other form of real property transfer in the sole and absolute discretion of the Receiver.
IT IS HEREBY ORDERED that:
A. The Stipulation is approved, in its entirety; and
B. As provided for in the Stipulation, Defendant Matthew Wade Beasley is ordered and authorized to transfer or assign his ownership interest in the Properties, bearing the legal descriptions appended hereto as Exhibits 1 through 7, to J&J Consulting, or such other entity in receivership and under the Receiver's exclusive authority and control as designated by the Receiver.
Exhibit Omitted