8.The Plaintiffs seek an order that: (a) CD Proceeds received directly or indirectly by the Toms Defendants were fraudulent transfers under applicable law or, in the alternative,unjustly enriched the Toms Defendants; (b) CD Proceeds received directly or indirectly by theToms Defendants are property of the Receivership Estate held pursuant to a constructive trust for the benefit of the Receivership Estate; (c) the Toms Defendants are liable to the Plaintiffs for anamount equaling the amount of CD Proceeds they directly or indirectly received; and (d) awardsattorneys’ fees, costs, and interest to the Plaintiffs.
JURISDICTION & VENUE
9.This Court has jurisdiction over this action, and venue is proper, under Section22(a) of the Securities Act (15 U.S.C. § 77v(a)), Section 27 of the Exchange Act (15 U.S.C.§ 78aa), and under Chapter 49 of Title 28, Judiciary and Judicial Procedure (28 U.S.C. § 754).10.Further, as the Court that appointed the Receiver, this Court has jurisdiction over any claim brought by the Receiver to execute his Receivership duties.11.Further, within 10 days of the entry of the Order and Amended Orders AppointingReceiver, the Receiver filed the original SEC Complaint and the Order Appointing Receiver inthe United States District Court for the Western District of Louisiana pursuant to28 U.S.C. § 754, giving this Court
jurisdiction in that district and everyother district where the Complaint and Order have been filed.12.This Court has personal jurisdiction over the Toms Defendants pursuant to F
. P. 4(k)(1)(C) and 15 U.S.C. §§ 754 and 1692.
13.Plaintiff Ralph S. Janvey has been appointed by this Court as the Receiver for theassets, monies, securities, properties, real and personal, tangible and intangible, of whatever kind
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