Case 2:15-cv-08980-JMV-JBC Document 30 Filed 04/28/16 Page 1 of 2 PageID: 230

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April 28, 2016

Hon. James B. Clark, U.S.M.J
United States District Court for the District of New Jersey
Martin Luther King Building and U.S. Courthouse
50 Walnut Street
Newark, New Jersey 07101
RE:

COR Clearing, LLC v. E-Trade Clearing LLC: 2:15-cv-8980-JMV-JBC

Our File No: C1210

Dear Judge Clark,

As you are aware, the subpoena to E-Trade Clearing LLC (E-Trade) that COR
Clearing, LLC (COR Clearing) seeks to enforce was issued in connection with an underlying
litigation that is pending in the United States District Court for the District of Nebraska, namely,
COR Clearing, LLC v. Calissio Resources Group, Inc., Case No. 8:15-cv-317-LES-FG3. We
write now to alert you to a development in that litigation.
On April 21, 2016, the Court entered Judgment against Calissio Resources Group, LLC;
claims against the other Defendants remain pending. A copy of the Judgment is attached to this
letter. Notably, the Judgment contains several findings of significance here, including that
Calissio Resources Group, Inc. (Calissio) orchestrated a fraudulent scheme by purposely
causing the issuance of dividend ineligible shares during a due bill period without any notice to
the marketplace, hiding from DTCC the fact that such shares were not dividend eligible, thereby
causing DTCC to erroneously collect dividends on all outstanding Calissio shares, and then
failing to correct DTCCs errant due bill collection and covering up the fraud by communicating
to COR Clearing . . . that it was all the result of a glitch in the system and representing that it
was working with DTCC to correct the error. The Judgment further finds that the Calissio

Case 2:15-cv-08980-JMV-JBC Document 30 Filed 04/28/16 Page 2 of 2 PageID: 231

shares sold by Beaufort and Nobilis (through COR Clearing) were ineligible for dividends, and
therefore COR Clearing should not have been debited for due bills that erroneously attached to
those shares. Beaufort and Nobilis were the original owners of the newly issued shares for
which no dividend was due and it was their sale of these shares to third partiesincluding to the
E-Trade customers that COR Clearing now seeks to identify that triggered the erroneous due
bills, which resulted in money being deducted from COR Clearing accounts and deposited into
the accounts of third parties, including E-Trade (and ultimately, through E-Trade, the accounts of
E-Trade customers).
The Judgment is also significant in that it aptly demonstrates why COR Clearing cannot
obtain the information it needs to trace the funds unlawfully debited from it account through
Calissio. Calissio disappeared once its fraud came to light. As a result, COR Clearing is left
with no option but to seek this information from third parties, such as E-Trade, whose customers
were the unjust recipients of COR Clearings funds.
We thank Your Honor for your attention to this matter.
Respectfully submitted,

Robert P. Gammel
/s/ Michael T. Hilgers
Michael T. Hilgers
Andrew R. Graben
HILGERS GRABEN PLLC
14301 FNB Parkway, Suite 100
Omaha, NE 68154
Telephone: 402.218.2106
Facsimile: 877.437.5755
mhilgers@hilgersgraben.com
agraben@hilgersgraben.com
ATTORNEYS FOR APPLICANT COR
CLEARING, LLC
cc: All counsel of record via the ECF system and via email

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UNITED STATES DISTRICT COURT

DISTRICT OF NEBRASKA

COR CLEARING, LLC, a Delaware limited

liability company,

)
)
)
Plaintiff,
)
)
v.
)
)
CALISSIO RESOURCES GROUP, INC., a
)
Nevada corporation; ADAM CARTER, an
)
individual; SIGNATURE STOCK TRANSFER, )
INC., a Texas corporation; and DOES 1-50.
)
)
Defendants.
)
)

Case No. 8:15CV317-LES-FG3

JUDGMENT

This matter is before the Court on plaintiffs application for default judgment
against defendant Calissio Resources Group, Inc. (Filing No. 108). Defendant Calissio
Resources Group, Inc. (Calissio), having failed to plead or otherwise defend, and now, upon
application of the plaintiff COR Clearing, LLC, and upon declaration that the time within which
Calissio may answer or otherwise respond to the complaint has expired, and that no answer or
other response has been filed, and there has been no extension of such time, and that the Clerk
has entered default herein, entry of default judgment pursuant to Nebraska Civil Rule 55.1(c) and
Federal Rule of Civil Procedure 55(b)(2) is proper.
IT IS ORDERED, ADJUDGED AND DECREED that plaintiffs Motion for
Default Judgment against Calissio is granted as follows:
a.

Judgment is hereby entered in favor of plaintiff COR Clearing that, in

furtherance of a fraudulent scheme, Calissio issued dividend-ineligible

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stocks, omitted material information about dilutive share issuances, and

misrepresented the dividend eligibility of its shares (Compl. 68);
b.

Judgment is hereby entered in favor of plaintiff COR Clearing that

Calissio collected due bill payments from sellers of dividend-ineligible
shares, and attempted to cover up the scheme when discovered by feigning
a glitch in the system and representing that it was working with DTCC
to correct the error (Compl. 28, 68-69);

c.

Judgment is hereby entered in favor of plaintiff COR Clearing that

Calissio orchestrated the fraudulent scheme by purposely causing the
issuance of dividend ineligible shares during a due bill period without any
notice to the marketplace, hiding from DTCC the fact that such shares
were not dividend eligible, thereby causing DTCC to erroneously collect
dividends on all outstanding Calissio shares, and then failing to correct
DTCCs errant due bill collection and covering up the fraud by
communicating to COR Clearing, Darbie, and Nobilis that it was all the
result of a glitch in the system and representing that it was working with
DTCC to correct the error (Compl. 28, 69, 73);

d.

Judgment is hereby entered in favor of plaintiff COR Clearing that the

Calissio shares sold by Beaufort and Nobilis (through COR Clearing) were
ineligible for dividends, and therefore COR Clearing should not have been
debited for due bills that erroneously attached to those shares (Compl.
37, 44, 50);

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e.

Judgment is hereby entered in favor of plaintiff COR Clearing that no

dividend was owed to Calissio for the shares sold by COR Clearing on
behalf of Nobilis and Beaufort, and therefore over $4 million in debits
were wrongfully made against COR Clearings account (Compl. 51,
58);

f.

Judgment is hereby entered in favor of plaintiff COR Clearing that it was

proximately harmed by Calissios material misrepresentations and
omissions in an amount to be determined by this Court at a hearing after
final disposition of claims against Signature Stock Transfer, Inc. (Compl.
72);

g.

A permanent injunction is hereby entered against Calissio precluding it

from disposing of the amount Calissio charged in due bills to COR
Clearing except to satisfy a monetary judgment in favor of plaintiff COR
Clearing in an amount to be determined by this Court at a hearing after
final disposition of claims against Signature Stock Transfer, Inc. (Compl.
39, 44, 52, 75).

DATED this 21st day of April 2016.

BY THE COURT:
/s/ Lyle E. Strom
_____________________________
LYLE E. STROM, Senior Judge
United States District Court

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Case 2:15-cv-08980-JMV-JBC Document 30-2 Filed 04/28/16 Page 1 of 1 PageID: 235

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
COR CLEARING, LLC, a Delaware limited
liability company,

Applicant,
vs.
E-TRADE CLEARING LLC,

Respondent.

) Case No. 2:15-CV-8980-JMV-JBC

)
)
)
)
Certificate of Service
)
)
)
)
)
)
)

The undersigned hereby certifies that on this 28th day of April 2016, a true and
correct copy of the Letter was filed and served via the Courts CM/ECF System.

s/ Robert P. Gammel
Robert P. Gammel