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Case 3:11-cv-00882-O Document 102

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

________________________________________________ : SECURITIES AND EXCHANGE COMMISSION : : Civil Action No: 3-11-CV-882-O Plaintiff, : : DAVID RONALD ALLEN, et al., : : Defendants, : ________________________________________________: DEFENDANT CHINA VOICE HOLDING CORPORATIONS ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS SECOND AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF AND REQUEST FOR JURY TRIAL COMES NOW Defendant China Voice Holding Corporation (China Voice) and files its Answer and Affirmative Defenses against the claims set forth by Plaintiff Securities and Exchange Commission (Plaintiff or SEC) in its Second Amended Complaint (2nd Amended Complaint). All factual and other allegations of the 2nd 2nd Amended Complaint not expressly admitted in this Answer are denied. China Voice reserve the right to supplement or amend this Answer and the denials and defenses asserted herein based upon additional facts developed through discovery and subsequent proceedings herein, and to conform to the pleadings to the evidence developed at trial. DEFENDANTS ANSWER A. 1. SUMMARY Defendant China Voice denies the allegations of paragraph 1 of the Amend

Complaint.

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2.

Defendant China Voice denies the allegations of paragraph 2 of the Amend

Complaint. 3. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 3 of the 2nd 2nd Amended Complaint and therefore denies same. 4. Defendant China Voice denies the allegations of paragraph 4 of the Amend

Complaint. 5. Defendant China Voice denies the allegations of paragraph 5 of the Amend

Complaint. B. 6. JUSIDICTION AND VENUE Defendant China Voice admits that the 2nd Amended Complaint purports to

assert certain claims that, if proven, would give rise to jurisdiction. Defendant China Voice denies the allegation that it is engaged in any unlawful activity. Subject to the answer above, Defendant China Voice does not dispute that venue in this district is proper, but denies the allegation that it has engaged in any unlawful activity, in this or any other District, related to the claims in this lawsuit. To the extent that paragraph 6 contains any other or different allegations directed at China Voice, they are denied. C. 7. DEFENDANTS The allegations in paragraph 7 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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8.

The allegations in paragraph 8 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 9. The allegations in paragraph 9 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 10. The allegations in paragraph 10 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 11. The allegations in paragraph 11 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 12. The allegations in paragraph 12 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 13. The allegations in paragraph 13 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 14. The allegations in paragraph 14 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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15.

The allegations in paragraph 15 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 16. The allegations in paragraph 16 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 17. Defendant China Voice admits the allegations contained in paragraph 17 of the

2nd Amended Complaint concerning Defendants state of incorporation. Paragraph 17 of the 2nd Amended Complaint also asserts legal conclusions to which no response is required, although Defendant China Voice admits that the corporate documents relating to China Voice speak for themselves. To the extent further response is required, Defendant China Voice denies the allegations directed against it in paragraph 17 of the 2nd Amended Complaint. 18. The allegations in paragraph 18 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 19. The allegations in paragraph 19 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 20. The allegations in paragraph 20 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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21.

The allegations in paragraph 21 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 22. The allegations in paragraph 22 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 23. The allegations in paragraph 23 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 24. The allegations in paragraph 24 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 25. The allegations in paragraph 25 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 26. The allegations in paragraph 26 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 27. The allegations in paragraph 27 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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28.

The allegations in paragraph 28 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 29. The allegations in paragraph 29 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. D. 30. RELIEF DEFENDANTS The allegations in paragraph 30 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 31. The allegations in paragraph 31 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 32. The allegations in paragraph 32 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 33. The allegations in paragraph 33 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 34. The allegations in paragraph 34 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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35.

The allegations in paragraph 35 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 36. The allegations in paragraph 36 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 37. The allegations in paragraph 37 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 38. The allegations in paragraph 38 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 39. The allegations in paragraph 39 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 40. The allegations in paragraph 40 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 41. The allegations in paragraph 41 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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42.

The allegations in paragraph 42 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 43. The allegations in paragraph 43 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 44. The allegations in paragraph 44 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 45. The allegations in paragraph 45 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 46. The allegations in paragraph 46 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 47. The allegations in paragraph 47 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 48. The allegations in paragraph 48 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph.

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49.

The allegations in paragraph 49 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 50. The allegations in paragraph 50 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 51. The allegations in paragraph 51 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. E. 52. OTHER ENTITIES Defendant China Voice admits Beijing Techview Engineering Co., Ltd.

(Beijing Techview) was a subsidiary of China Voice located in Beijing, China, as alleged in paragraph 52 of the 2nd Amended Complaint, but otherwise the ownership documents for the business entity cited speak for themselves. 53. Defendant China Voice admits Beijing Candidsoft Technologies Co., Ltd.

(Candidsoft) was a subsidiary of China Voice located in Beijing, China, as alleged in paragraph 53 of the 2nd Amended Complaint, but otherwise the ownership documents for the business entity cited speak for themselves. 54. Defendant China Voice admits the ownership documents for the business

entity cited speak for themselves, as alleged in paragraph 54 of the 2nd Amended Complaint.

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55.

Defendant China Voice admits that Flint Telecom Group, Inc. is a company

that entered into an agreement with China Voice, as alleged in paragraph 55 of the 2nd Amended Complaint, but otherwise the transactional documents speak for themselves. 56. Defendant China Voice admits that NTELEC Networks, LLC is a company

that entered into an agreement with China Voice as alleged in paragraph 56 of the 2nd Amended Complaint, but otherwise the ownership documents for the business entity cited speak for themselves. 57. The allegations in paragraph 57 are not directed to Defendant China Voice.

Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. F. 58. FACTS Defendant China Voice admits that the document speak for themselves, and

admits that China Voice has done business in China and so reported, but otherwise Defendant China Voice denies the allegations of paragraph 58. 59. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise the allegations in paragraph 59 are not directed to Defendant China Voice. Defendant China Voice lacks sufficient information to either admit or deny the allegations in this paragraph. 60. Defendant China Voice denies the allegations of paragraph 60 of the 2nd

Amended Complaint. 61. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth

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of the allegations of paragraph 61 of the 2nd Amended Complaint and therefore denies same. 62. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 62 of the 2nd Amended Complaint and therefore denies same. 63. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 63 of the 2nd Amended Complaint and therefore denies same. 64. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 64 of the 2nd Amended Complaint and therefore denies same. 65. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 65 of the 2nd Amended Complaint and therefore denies same.

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66.

Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 66 of the 2nd Amended Complaint and therefore denies same. 67. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 67 of the 2nd Amended Complaint and therefore denies same. 68. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 68 of the 2nd Amended Complaint and therefore denies same. 69. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 69 of the 2nd Amended Complaint and therefore denies same. 70. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth

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of the allegations of paragraph 70 of the 2nd Amended Complaint and therefore denies same. 71. Defendant China Voice admits that the documents speak for themselves, and

admits that China Voice has done business in China, but otherwise Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 71 of the 2nd Amended Complaint and therefore denies same. 72. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 72 of the 2nd Amended Complaint and therefore denies same. 73. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 73 of the 2nd Amended Complaint and therefore denies same. 74. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 74 of the 2nd Amended Complaint and therefore denies same. 75. Defendant China Voice denies the allegations of paragraph 75 of the 2nd

Amended Complaint. 76. Defendant China Voice denies the allegations of paragraph 76 of the 2nd

Amended Complaint. 77. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 77 of the 2nd Amended Complaint and therefore denies same.

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78.

Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 78 of the 2nd Amended Complaint and therefore denies same. 79. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 79 of the 2nd Amended Complaint and therefore denies same. 80. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 80 of the 2nd Amended Complaint and therefore denies same. 81. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 81 of the 2nd Amended Complaint and therefore denies same. 82. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 82 of the 2nd Amended Complaint and therefore denies same. 83. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 83 of the 2nd Amended Complaint and therefore denies same. 84. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 84 of the 2nd Amended Complaint and therefore denies same.

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85.

Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 85 of the 2nd Amended Complaint and therefore denies same. 86. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 86 of the 2nd Amended Complaint and therefore denies same. 87. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 87 of the 2nd Amended Complaint and therefore denies same. 88. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 88 of the 2nd Amended Complaint and therefore denies same. 89. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 89 of the 2nd Amended Complaint and therefore denies same. 90. Defendant China Voice denies the allegations of paragraph 90 of the 2nd

Amended Complaint. 91. Defendant China Voice denies the allegations of paragraph 91 of the 2nd

Amended Complaint. 92. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 92 of the 2nd Amended Complaint and therefore denies same.

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93.

Defendant China Voice denies the allegations of paragraph 93 of the 2nd

Amended Complaint. 94. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 94 of the 2nd Amended Complaint and therefore denies same. 95. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 95 of the 2nd Amended Complaint and therefore denies same. 96. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 96 of the 2nd Amended Complaint and therefore denies same. 97. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 97 of the 2nd Amended Complaint and therefore denies same. 98. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 98 of the 2nd Amended Complaint and therefore denies same. 99. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 99 of the 2nd Amended Complaint and therefore denies same. 100. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 100 of the 2nd Amended Complaint and therefore denies same.

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101. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 101 of the 2nd Amended Complaint and therefore denies same. 102. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 102 of the 2nd Amended Complaint and therefore denies same. 103. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 103 of the 2nd Amended Complaint and therefore denies same. 104. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 104 of the 2nd Amended Complaint and therefore denies same. 105. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 105 of the 2nd Amended Complaint and therefore denies same. 106. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 106 of the 2nd Amended Complaint and therefore denies same. 107. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 107 of the 2nd Amended Complaint and therefore denies same.

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108. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 108 of the 2nd Amended Complaint and therefore denies same. 109. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 109 of the 2nd Amended Complaint and therefore denies same. 110. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 110 of the 2nd Amended Complaint and therefore denies same. 111. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 111 of the 2nd Amended Complaint and therefore denies same. 112. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 112 of the 2nd Amended Complaint and therefore denies same. 113. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 113 of the 2nd Amended Complaint and therefore denies same. 114. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 114 of the 2nd Amended Complaint and therefore denies same.

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115. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 115 of the 2nd Amended Complaint and therefore denies same. 116. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 116 of the 2nd Amended Complaint and therefore denies same. 117. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 117 of the 2nd Amended Complaint and therefore denies same. 118. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 118 of the 2nd Amended Complaint and therefore denies same. 119. Defendant China Voice does not have knowledge or information sufficient to

form a belief as to the truth of the allegations of paragraph 119 of the 2nd Amended Complaint and therefore denies same. 120. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 120 of the 2nd Amended Complaint and therefore denies same. 121. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 121 of the 2nd Amended Complaint and therefore denies same.

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122. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 122 of the 2nd Amended Complaint and therefore denies same. 123. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 123 of the 2nd Amended Complaint and therefore denies same. 124. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 124 of the 2nd Amended Complaint and therefore denies same. 125. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 125 of the 2nd Amended Complaint and therefore denies same. 126. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 126 of the 2nd Amended Complaint and therefore denies same. 127. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 127 of the 2nd Amended Complaint and therefore denies same. 128. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 128 of the 2nd Amended Complaint and therefore denies same.

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129. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 129 of the 2nd Amended Complaint and therefore denies same. 130. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 130 of the 2nd Amended Complaint and therefore denies same. 131. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 131 of the 2nd Amended Complaint and therefore denies same. 132. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 132 of the 2nd Amended Complaint and therefore denies same. 133. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 133 of the 2nd Amended Complaint and therefore denies same. 134. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 134 of the 2nd Amended Complaint and therefore denies same. 135. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 135 of the 2nd Amended Complaint and therefore denies same.

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136. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 136 of the 2nd Amended Complaint and therefore denies same. 137. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 137 of the 2nd Amended Complaint and therefore denies same. 138. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 138 of the 2nd Amended Complaint and therefore denies same. 139. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 139 of the 2nd Amended Complaint and therefore denies same. 140. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 140 of the 2nd Amended Complaint and therefore denies same. 141. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 141 of the 2nd Amended Complaint and therefore denies same. 142. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 142 of the 2nd Amended Complaint and therefore denies same.

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143. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 143 of the 2nd Amended Complaint and therefore denies same. 144. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 144 of the 2nd Amended Complaint and therefore denies same. 145. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 145 of the 2nd Amended Complaint and therefore denies same. 146. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 146 of the 2nd Amended Complaint and therefore denies same. 147. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 147 of the 2nd Amended Complaint and therefore denies same. 148. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 148 of the 2nd Amended Complaint and therefore denies same. 149. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 149 of the 2nd Amended Complaint and therefore denies same.

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150. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 150 of the 2nd Amended Complaint and therefore denies same. 151. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 151 of the 2nd Amended Complaint and therefore denies same. 152. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 152 of the 2nd Amended Complaint and therefore denies same. 153. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 153 of the 2nd Amended Complaint and therefore denies same. 154. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 154 of the 2nd Amended Complaint and therefore denies same. 155. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 155 of the 2nd Amended Complaint and therefore denies same. 156. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 156 of the 2nd Amended Complaint and therefore denies same.

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157. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 157 of the 2nd Amended Complaint and therefore denies same. 158. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 158 of the 2nd Amended Complaint and therefore denies same. 159. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 159 of the 2nd Amended Complaint and therefore denies same. 160. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 160 of the 2nd Amended Complaint and therefore denies same. 161. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 161 of the 2nd Amended Complaint and therefore denies same. 162. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 162 of the 2nd Amended Complaint and therefore denies same. 163. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 163 of the 2nd Amended Complaint and therefore denies same.

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164. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 164 of the 2nd Amended Complaint and therefore denies same. 165. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 165 of the 2nd Amended Complaint and therefore denies same. 166. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 166 of the 2nd Amended Complaint and therefore denies same. 167. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 167 of the 2nd Amended Complaint and therefore denies same. 168. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 168 of the 2nd Amended Complaint and therefore denies same. 169. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 169 of the 2nd Amended Complaint and therefore denies same. 170. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 170 of the 2nd Amended Complaint and therefore denies same.

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171. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 171 of the 2nd Amended Complaint and therefore denies same. 172. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 172 of the 2nd Amended Complaint and therefore denies same. 173. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 173 of the 2nd Amended Complaint and therefore denies same. 174. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 174 of the 2nd Amended Complaint and therefore denies same. 175. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 175 of the 2nd Amended Complaint and therefore denies same. 176. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 176 of the 2nd Amended Complaint and therefore denies same. 177. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 177 of the 2nd Amended Complaint and therefore denies same.

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178. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 178 of the 2nd Amended Complaint and therefore denies same. 179. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 179 of the 2nd Amended Complaint and therefore denies same. 180. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 180 of the 2nd Amended Complaint and therefore denies same. 181. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 181 of the 2nd Amended Complaint and therefore denies same. 182. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 182 of the 2nd Amended Complaint and therefore denies same. 183. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 183 of the 2nd Amended Complaint and therefore denies same. 184. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 184 of the 2nd Amended Complaint and therefore denies same.

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185. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 185 of the 2nd Amended Complaint and therefore denies same. 186. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 186 of the 2nd Amended Complaint and therefore denies same. 187. Defendant China Voice does not have knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 187 of the 2nd Amended Complaint and therefore denies same. 188. Defendant China Voice admits that the documents speak for themselves and that on April 15, 2011mChina Voice entered into an agreement to purchase 100% of the stock of NTELEC, effective October 1, 2010. China Voice admits that as part of this transaction, Don Preston became CEO of China Voice, while Allen and Burbank resigned from their positions with China Voice. G. CLAIMS

189. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 190. Defendant China Voice denies the allegations of paragraph 190 of the 2nd Amended Complaint. 191. Defendant China Voice denies the allegations of paragraph 191 of the 2nd Amended Complaint. 192. Defendant China Voice denies the allegations of paragraph 192 of the 2nd Amended Complaint.

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193. Defendant China Voice denies the allegations of paragraph 193 of the 2nd Amended Complaint. 194. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 195. Defendant China Voice denies the allegations of paragraph 195 of the 2nd Amended Complaint. 196. Defendant China Voice denies the allegations of paragraph 196 of the 2nd Amended Complaint. 197. Defendant China Voice denies the allegations of paragraph 197 of the 2nd Amended Complaint. 198. Defendant China Voice denies the allegations of paragraph 198 of the 2nd Amended Complaint. 199. Defendant China Voice denies the allegations of paragraph 199 of the 2nd Amended Complaint. 200. Defendant China Voice denies the allegations of paragraph 200 of the 2nd Amended Complaint. 201. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 202. Defendant China Voice denies the allegations of paragraph 202 of the 2nd Amended Complaint. 203. Defendant China Voice denies the allegations of paragraph 203 of the 2nd Amended Complaint.

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204. Defendant China Voice denies the allegations of paragraph 204 of the 2nd Amended Complaint. 205. Defendant China Voice denies the allegations of paragraph 205 of the 2nd Amended Complaint. 206. Defendant China Voice denies the allegations of paragraph 206 of the 2nd Amended Complaint. 207. Defendant China Voice denies the allegations of paragraph 207 of the 2nd Amended Complaint. 208. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 209. Defendant China Voice denies the allegations of paragraph 209 of the 2nd Amended Complaint. 210. Defendant China Voice denies the allegations of paragraph 210 of the 2nd Amended Complaint. 211. Defendant China Voice denies the allegations of paragraph 211 of the 2nd Amended Complaint. 212. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 213. Defendant China Voice denies the allegations of paragraph 213 of the 2nd Amended Complaint. 214. Defendant China Voice denies the allegations of paragraph 214 of the 2nd Amended Complaint.

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215. Defendant China Voice denies the allegations of paragraph 215 of the 2nd Amended Complaint. 216. Defendant China Voice denies the allegations of paragraph 216 of the 2nd Amended Complaint. 217. Defendant China Voice denies the allegations of paragraph 217 of the 2nd Amended Complaint. 218. Defendant China Voice denies the allegations of paragraph 218 of the 2nd Amended Complaint. 219. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 220. Defendant China Voice denies the allegations of paragraph 220 of the 2nd Amended Complaint. 221. Defendant China Voice denies the allegations of paragraph 221 of the 2nd Amended Complaint. 222. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 223. Defendant China Voice denies the allegations of paragraph 223 of the 2nd Amended Complaint. 224. Defendant China Voice denies the allegations of paragraph 224 of the 2nd Amended Complaint. 225. Defendant China Voice denies the allegations of paragraph 225 of the 2nd Amended Complaint.

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226. Defendant China Voice denies the allegations of paragraph 226 of the 2nd Amended Complaint. 227. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 228. Defendant China Voice denies the allegations of paragraph 228 of the 2nd Amended Complaint. 229. Defendant China Voice denies the allegations of paragraph 229 of the 2nd Amended Complaint. 230. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 231. Defendant China Voice denies the allegations of paragraph 231 of the 2nd Amended Complaint. 232. Defendant China Voice denies the allegations of paragraph 232 of the 2nd Amended Complaint. 233. Defendant China Voice denies the allegations of paragraph 233 of the 2nd Amended Complaint. 234. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 235. Defendant China Voice denies the allegations of paragraph 235 of the 2nd Amended Complaint. 236. Defendant China Voice denies the allegations of paragraph 236 of the 2nd Amended Complaint.

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237. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 238. Defendant China Voice denies the allegations of paragraph 238 of the 2nd Amended Complaint. 239. Defendant China Voice denies the allegations of paragraph 239 of the 2nd Amended Complaint. 240. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 241. Defendant China Voice denies the allegations of paragraph 241 of the 2nd Amended Complaint. 242. Defendant China Voice denies the allegations of paragraph 242 of the 2nd Amended Complaint. 243. Defendant China Voice denies the allegations of paragraph 243 of the 2nd Amended Complaint. 244. Defendant China Voice denies the allegations of paragraph 244 of the 2nd Amended Complaint. 245. Defendant China Voice denies the allegations of paragraph 245 of the 2nd Amended Complaint. 246. Defendant China Voice denies the allegations of paragraph 246 of the 2nd Amended Complaint. 247. Defendant China Voice denies the allegations of paragraph 247 of the 2nd Amended Complaint.

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248. Defendant China Voice denies the allegations of paragraph 248 of the 2nd Amended Complaint. 249. Defendant China Voice denies the allegations of paragraph 249 of the 2nd Amended Complaint. 250. Defendant China Voice denies the allegations of paragraph 250 of the 2nd Amended Complaint. 251. Defendant China Voice denies the allegations of paragraph 251 of the 2nd Amended Complaint. 252. Defendant China Voice incorporates by reference all answers to allegations contained in the paragraphs above. 253. Defendant China Voice denies the allegations of paragraph 253 of the 2nd Amended Complaint. 254. Defendant China Voice denies the allegations of paragraph 254 of the 2nd Amended Complaint. H. 255. RELIEF REQUESTED Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 255 as it relates to China Voice. 256. Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 256 as it relates to China Voice. 257. Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 257 as it relates to China Voice. 258. Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 258 as it relates to China Voice.

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259.

Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 259 as it relates to China Voice. 260 Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 255 as it relates to China Voice 261. Defendant China Voice denies that the Plaintiff is entitled to the relief

requested in Paragraph 255 as it relates to China Voice. II . JURY TRIAL DEMAND In accordance with Federal Rule of Civil Procedure 38 and 39 and Amendment 7 of the United States Constitution, Defendant China Voice respectfully requests a trial by jury. III. DEFENSES Without assuming the burden of proof on any matter where the burden rests on the Plaintiff, China Voice asserts the following affrrmative defenses with respect to the Plaintiff's claims: 1. First Defense: Plaintiff's 2nd Amended Complaint fails to set forth a claim

upon which relief should be granted.. 2. Second Defense: The claims against Defendant China Voice are barred, in

whole or in part, because Defendant China Voice did not engage in any unlawful conduct and Defendant China Voice is not liable for any unlawful acts that may have been committed by any other party or non-party. 3. Third Defense: The claims against Defendant China Voice are banned, in

whole or in part, because Defendant China Voice acted in good faith and did not directly or indirectly induce any acts constituting the alleged causes of action, or any of the bases

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thereof. 4. Fourth Defense: The purported claims against Defendant China Voice and the

allegations upon which they are based are improperly vague, ambiguous and confusing, and omit critical facts. 5. Fifth Defense: Defendant China Voice cannot be held liable for any

misrepresentations or omissions that it did not make. 6. Sixth Defense: The 2nd Amended Complaint fails to allege the existence of

any material misstatement or omission. 7. Seventh Defense: The 2nd Amended Complaint fails to plead fraud with

particularity. 8. Eighth Defense: The Plaintiff's imprudent actions, as well as factors outside

of Defendant China Voice's actions, have damaged Defendants, investors, and their borrowers. 9. Ninth Defense: At all relevant times, Defendant China Voice acted in good

faith and did not know and in the exercise of reasonable care did not know of any unlawful acts constituting the causes of action Defendant China Voice incorporates by reference the affirmative defenses alleged by all other co-defendants herein. Defendant China Voice also reserves the right to amend these affirmative defenses as the case proceeds. IV. PRAYER FOR RELIEF WHEREFORE, Defendant China Voice requests this Court to: A. Enter judgment dismissing Plaintiff Securities and Exchange Commission's

2nd Amended Complaint with prejudice;

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B.

Award costs to Defendant China Voice in this action, including attorneys'

fees and expenses to Defendant China Voice; and C. Award all other and further relief either at law or equity to Defendant China

Voice to which this Court deems Defendant China Voice to be entitled. Dated this 11th day of July, 2011 . /s/ Jeffrey B. Norris JEFFREY B. NORRIS Washington, D.C. Bar No. 424258 Jeffrey B. Norris & Associates. 6041 Turtle Creek Court North Richland Hills, TX 76180 Telephone: 817 851-3865 Fax: 817 6561823

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CERTIFICATE OF SERVICE VIA ECF I hereby certify that a true and correct copy of Defendant China Voice Holding Corporations Answer and Affirmative Defenses to Plaintiffs 2nd Amended Complaint for Injunctive and Other Relief and Request for Jury Trial has been served electronically upon each party below who is a registered user of the electronic delivery service (ECF) under Fe. R. Civ. P. 5(b)(2)(E) on the 11th day of July, 2011. Jane M.E. Peterson Toby Galloway U.S. Securities & Exchange Commission Attorney for Plaintiff

J Jeffrey J. Ansley Curran Tomko Tarski, L.L.P. Attorney for Alex Dowlatshahi, Integrity Driven Network Corp., Lucrative Enterprises Corp., Synergetic Solutions, L.L.C., and Darius Assets Holding Corp. Gene R. Besen SNR Denton US LLP Attorney for Ilya Drapkin, MG and SMI Chips, Inc. J. Sean Lemoine Attorney for D-CAP Associates Venture, Community of Pleasant Ridge, Ltd., D-Cap II Partners, Ltd., D-Cap III D-Cap IV Partners Ltd., D-Cap V Partners, Ltd., DCap VI Partners, Ltd., D-Cap VII Partners, Ltd., D-Cap VIII Partners, Ltd., D-Cap IX Partners, Ltd., D-Cap X Partners, Ltd., DCap XI Partners,

Attorney for Plaintiff Victor Vital Greenberg Traurig L.L.P. TK Corp., Attorney for David Ronald Allen, Assoc. Funding Group, Inc., Development Capital Associates Joint Venture, Townhome Communities Corp., Patricia Allen, and Joint Winterstone Financial Ltd.

J. Randall Henderson Partners Ltd., Attorney for Robert Wilson, Strategic Capital, and Green Horseshoe Holdings, Inc.

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Ltd., D-Cap XII Partners, Ltd., D-Cap VIII Partners, Ltd., D-Cap IX Partners, Ltd., D-Cap XV Partners, Ltd., D-Cap XVI Partners, Ltd., DCap. XVII Partners, Ltd.

/s/ Jeffrey B. Norris Jeffrey B. Norris

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CERTIFICATE OF SERVICE BY U.S MAIL The undersigned hereby certifies that on the l1th day of July, 2011, he caused a true and correct copy of Defendant China Voice Holding Corporations Answer and Affirmative Defenses to Plaintiffs 2nd Amended Complaint for Injunctive and Other Relief and Request for Jury Trial to be served upon these parties by U.S. Mail: Phillip Linder 3500 Oak Lawn, Suite 700 Dallas, Texas 75219 Attorney for Christopher Mills, Silver Summit LLC, and Sleeping Bear LLC Gerald Patera Capital Bankers Group, Ltd. Third Securities Corp. 23 Holly Pines Lake Pinehurst, North Carolina 28374 Pro Se Jeffrey B. Norris & Associates, P.C. /s/ Jeffrey B. Norris Jeffrey B. Norris

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