Professional Documents
Culture Documents
v.
Civil Action No. 2:07-cv-04593FSH-PS
WHEREAS Plaintiff the United States of America ("United States") filed a Complaint in
this matter for civil penalties, consumer redress, injunctive, and other relief (the "Complaint") on
September 24, 2007, pursuant to Sections 5, 13, 16, and 19 of the Federal Trade Commission
Act ("FTC Act"), 15 U.S.C. 45, 53, 56, and 57b, charging violations of a Federal Trade
Conunission ("FTC" or "Conunission") Order and the Telemarketing Sales Rule in connection
with the solicitation of charitable donations; and
WHEREAS the United States, the Conunission and Defendants Civic Development
Group, LLC, CDG Management LLC, and Scott Pasch have consented to the entry of this
Stipulated Order for Permanent Injunction and Final Judgment ("Order") to resolve aU matters of
dispute between them in this action;
NOW, THEREFOR,E, the United States, the Commission, and Defendants, having
requested that the Court enter this Order, and the Court having considered the parties' request, it
is hereby ORDERED, ADruDGED, AND DECREED as follows:
FINDINGS
1.
This Court has jurisdiction over the subject matter and the parties pursuant to 28
3.
The Complaint states a claim upon which relief may be granted pursuant to
Sections 5, 13, 16, and 19 of the FTC Act, 15 U.S.C. 45, 53, 56, and 57b, and the
Telemarketing Sales Rule, 16 CFR 310.
5.
Defendants have entered into this Order freely and without coercion. Defendants
further acknowledge that they have read the provisions of this Order and are prepared and able to
abide by them.
6.
The parties agree that this Order resolves all allegations in the Complaint. The
parties waive all rights to seek appellate review or otherwise challenge or contest the validity of
this Order. Defendants further waive and release any claims they may have against the United
States, the Commission, and any employees, representatives, or agents of either.
7.
Defendants do not admit to the allegations in the Complaint other than the
jurisdictional facts and entry of this Order does not constitute an admission of liability by the
Defendants.
8.
Defendants agree that this Order does not entitle them to seek or to obtain
attorneys' fees as a prevailing party under the Equal Access to Justice Act, 28 U.S.C. 2412, as
amended by Pub. L. 104-121, 110 Stat. 847, 86364 (1996), and Defendants further waive any
right to attorneys' fees that may arise under said provision oflaw. The parties agree to bear their
own costs and attorneys' fees.
9.
DEFINWONS
For the purpose of this Order, the following defmitions shall apply:
A.
"Asset" means any legal or equitable interest in, right to, or claim to, any real and
personal property, including without limitation, goods, instruments, equipment, fixtures, general
intangibles, inventory, checks, and notes (as defined in the Uniform Commercial Code), and all
chattels, leaseholds, contracts, shares of stock, lists of consumer names, mail or other deliveries,
premises, accounts, funds, credits, receivables, checks, money orders, and cash, wherever
located.
B.
C.
term in Federal Rule of Civil Procedure 34(a), and includes writings, drawings, graphs, charts,
photographs, audio and video recordings, computer records, email, electronic communications,
----------
webpages, websites, and other data compilations from which information can be obtained and
translated, if necessary, through detection devices into reasonably usable form. A draft or
non-identical copy is a separate document within the meaning of the term.
F.
business entity.
G.
by the Telemarketing Sales Rule, 16 C.F .R. 310) that is conducted to induce the purchase of
goods or services by means of the use of one or more telephones.
I.
the direct or indirect benefit, in whole or in part, of any entity which is, or is represented to be, a
non-profit, or which has, or is represented to have, a charitable purpose, including, but not
limited to, any entity that purports to benefit a law enforcement, veterans or firefighting
organization(s); law enforcement, veterans, or firefighting personnel; or law enforcement,
veterans, or frrefighting program(s), regardless of whether the donor receives anything in return .
. ORDER
I.
BAN ON.TELEMARKETING
4
t
II.
BAN ON CHARITABLE SOLICITATION
A.
Defendant Pasch is ordered to pay five million eight hundred thousand dollars
($5,800,000) to satisfy his portion of the judgment, which shall he deemed paid as follows:
1.
Within five (5) days of entry of this order, Defendant Pasch shall
cooperate fully with the Liquidator appointed in Section V of this Order
and take such other steps as the Liquidator may require to transfer all
rights, title, and interest to the Liquidator, or to the Liquidator's
designated trust, the financial accounts listed in Schedule A attached to
this Order. The value of the assets in the accounts shall be in the amount
listed on Schedule A and on Defendant Pasch's sworn financial statement
executed on February 4, 2010, except that the value may differ only to the
extent caused by changes to the market value of those assets or accrued
interest. Except as set forth in Section V.J of this Order, the costs and
expenses of transferring such assets to the Liquidator shall be paid by the
Liquidatorship.
2.
3.
Defendant Pasch shall cooperate fully with the Liquidator and take such
other steps as the Liquidator may require to transfer to the Liquidator, or
to his designated trust, possession and legal and equitable title to all such
Personal Property within 10 days of request by the Liquidator, including
Until Defendant Pasch surrenders possession and legal and equitable title
of the Personal Property to the Liquidator:
a.
Defendant Pasch and Lisa Pasch shall maintain and take no action
to diminish the value of the Personal Property, including any
structures, fixtures, and appurtenances thereto, in good working
order and in the same condition as on the date he executed his
sworn financial statement dated February 4, 2010;
b.
c.
5.
Within thirty (30) days of entry ofthis Order, unless otherwise agreed to
in writing by the Liquidator and the United States, Defendant Pasch shall
vacate and transfer possession and legal and equitable title to the
Liquidator, or to his designated trust, the real property located at 7
Kensington Court, Warren, New Jersey (the "Real Property"). Provided,
however, that Defendant Pasch may use and occupy the premises at the
sale discretion of, and in accordance with the terms set by, the Liquidator,
which shall not unduly interfere with the Liquidator's sale of the Real
Property.
6.
Defendant Pasch shall cooperate fully with the Liquidator and take such
other steps as the Liquidator may require to transfer to the Liquidator, or
to his designated trust, possession and legal and equitable title to the Real
Property, including executing any documents, procuring the signatures of
any person or entity under his control, providing access to the Real
Property, providing any necessary information, and turning over the Real
Property. Except as set forth in Section V,J of this Order, the costs and
expenses oftransferring"the Real Property to the Liquidator shall be paid
by the Liquidatorship.
7.
Defendant Pasch shall not add any such encumbrances after entry of this
Order.
8.
As long as they occupy the Real Property, Defendant Pasch and Lisa
Pasch shall maintain and take no action to diminish the value ofthe Real
Property, including any structures, fixtures, and appurtenances thereto, in
good working order and in the same condition as on the date he executed
his sworn financial statement dated February 4, 2010.
9.
b.
10.
10
B.
Corporate Defendants are ordered to pay six million six hundred and seventy five
thousand six hundred and ten dollars ($6,675,610) to satisfY their portion of the judgment.
Corporate Defendants shall make partial payment of this amount as follows: .
I.
Within five (5) days of entry ofthis order, Corporate Defendants shall
transfer all rights, title, and interest to the Liquidator appointed in Section
V of this Order, or to his designated trust, the fiuancial accounts listed in
Schedule C attached to this Order. The value ofthe assets in the accounts
shall be the amount listed on Schedule C and on Corporate Defendant
Civic Development Group, LLC's sworn financial statement executed on
February 4, 2010, as amended on February 25, 2010, except that the value
may differ only to the extent caused by changes to the market value of
those assets or accrued interest since February 22, 2010.
2.
Corporate Defendants shall cooperate fully with the Liquidator and take
such other steps as the Liquidator may require to transfer to the
Liquidator, or to his designated trust, legal and equitable title to (subject to
any interest(s) ofany third party), and possession ofany and all assets
described in Schedule C within 5 days of request by the Liquidator,
including executing any documents, procuring the signatures of any
person or entity under their control, providing any necessary information,
and turning over any property.
3.
In the event a petition for relief under the Bankruptcy Code, 11 U.S.C.
101, et seq., is filed by or against the Corporate Defendants or either of
II
Defendant Pasch's spouse, Lisa Pasch, waives all claims to, unconditionally
releases, and consents to transfer to the Liquidator possession and legal and equitable title of all
assets referenced in this Section IV. Lisa Pasch shall cooperate fully with the Liquidator and
take such other steps as the Liquidator may require to transfer to the Liquidator, or to his
designated trust, any and all ofthe assets referenced in this Section IV, including executing any
documents, procuring the signatures of any person or entity under her control, providing access
and any necessary information, and turning over such assets.
D.
. Defendants shall cooperate fully with the United States and the Commission and
their agents in all attempts to collect the amounts due and effectuate the transfer of assets
required pursuant to this Section. If Defendants fail to pay fully the amount due or make the
12
required transfers of assets at the time specified herein, then in addition to any other remedies
available, Defendants agree to provide the United States and the Commission with their federal
and state tax returns for the preceding two years, and to complete standard financial disclosure
forms fully and accurately within ten (10) business days of receiving a request from the United
States or the Commission to do so. In such an event, Defendants further authorize the United
States and the Commission to verifY all information provided on their financial disclosure forms
with all appropriate third parties, including but not limited to financial institutions.
E.
provided, to furnish to the United States and the Commission with their taxpayer identification
numbers (employer identification number), which shall be used for purposes of collecting and
reporting on any delinquent amount arising out of theirrelationship with the govemment.
F.
Defendants relinquish all dominion, control, and title to the assets described in
this Section IV and in Schedules A, B, and C to the fullest extent permitted by law. Defendants
shall make no claim to nor demand return ofthe assets, directly or indirectly, through counselor
otherwise.
G.
This judgment represents a civil penalty owed to the United States Government,
and is not compensation for actual pecuniary loss, and, therefore, is not subject to discharge
under the Bankruptcy Code pursuant to 11 U.S.C. 523(a)(7). For purposes of this Section,
Defendants waive any right to contest any of the allegations in the Complaint in any subsequent
civil litigation filed by or on behalf of the Commission or the United States to enforce their
rights to any payment or money judgment pursuant to this Order.
13
H.
Proceedings instituted under this Section are in addition to, and not in lieu of, any
other civil or criminal remedies that may be provided by law, including any other proceedings
the United States or the Commission may initiate to enforce this Order.
V.
APPOINTMENT AND DUTIES OF LIQUIDATOR RECEIVER
IT IS FURTHER ORDERED THAT Richard Trenk, Esq. ofTrenk, DiPasquale, PC, 347
Mount Pleasant Avenue, Suite 300, West Orange, New Jersey is appointed as Liquidator
Receiver ("Liquidator") with all the rights and powers of an equity receiver, over the Real
Property described in Section IV.A.S of this Order and all property listed in Attached Schedules
A, B, and C (collectively, the "Properly").
A.
commercially reasonable fashion, liquidate the Property. In liquidating the accounts listed in
Schedules A and C, the Liquidator shall pay any necessary brokerage fees and taxes from the
proceeds. After all of the Property has been liquidated, the Liquidator shall account for the net
proceeds derived, and transfer all such net proceeds to the United States. The Liquidator shall
make the transfer required by this paragraph by electronic fund transfer or certified or cashier's
check in accordance with instructions provided by the Office of Consumer Litigation, Civil
Division, U.S. Department of Justice, Washington, D.C. 20530.
B.
Upon transfer oflegal and equitable title and possession the Liquidator is
authorized to assume responsibility for management ofthe Property, including but not limited to
making disbursements for operating expenses as may be appropriate, undertaking repairs, and
taking any other actions necessary to efficiently manage the Properly and to maintain its value.
14
C.
The Liquidator shall take all necessary action to procure appropriate insurance for
the Property, naming the Liquidator and the United States as insureds. The Liquidator may as an
option keep in force the existing insurance coverage(s), each of which shall name the United
States and the Liquidator as additional insureds thereunder.
D.
The Liquidator shall have all necessary powers to operate and otherwise manage
the Property including, without limitation, the following powers and responsibilities:
1.
2.
3.
4.
5.
15
7.
to apply to this Court fur further directions and for such further powers as
may be necessary to enable the Liquidator to fulfill his duties.
E.
The Liquidator shall keep a true and accurate account of any and all receipts and
expenditures and periodically file with the Court a Liquidatorship Report under oath, accurately
identifYing all such revenues received and expenditures made, including adequately detailed
information concerning income, expenses, payables and receivables. These periodic filings shall
be served by the Liquidator on the Commission, the United States, Defendants, and their
respective counsel.
F.
The Defendants and their agents, employees or other representatives are enjoined
from interfering in any manner with the Liquidator'S management and operation of the Property
and the Defendants and their agents, employees or other representatives are enjoined and
restrained from collecting any rents or profits which are now or hereafter become due with
respect to all or any portion of the Property and from interfering in any way with United States'
or the Liquidator's collection of such rents or profits.
G.
The Liquidator shall nut be bound by all or any unsecured contracts, agreements,
understandings or other commitments in the nature of service contracts the Defendants had, have
or may have with third parties with respect to the Property, whether oral or written, and the
Liquidator shall be authorized, by affirmative written ratification executed by the Liquidator, to
16
Any and all sums collected by the Liquidator over and above those necessary to
manage the Property or those necessary to make payments authorized by this Order shall be paid
to the United States as directed by the United States.
1.
duties undertaken pursuant to this Order and for the cost of actual out-of-pocket expenses
incurred by him. The Liquidator's compensation and the compensation of any persons hired by
him are to be paid solely from the Property and the proceeds ofthe sale of the Property, and such
payments shall have priority over all other distributions except for any transfer fees, recording
fees, or other payments owed through the transfer of the Property at the time of its sale.
J.
The Liquidator shall file with the Court and serve on the parties a request for the
payment of reasonable compensation at the time of the filing of periodic reports and no less than
every sixty (60) days. The Liquidator shall not increase the fees or rates used as the bases for
such fee applications without prior approval of the United States and the Court. The Defendants
shall have no right to objecHo the Liquidator's fees or compensation. Absent a violation of this
Order that causes the Liquidator to incur fees or expenses, Defendants shall not be liable for the
Liquidator's fees or expenses beyond the amount paid pursuant to Section IV.
K.
Upon the final transfer of all funds to the United States pursuant to this Section V
the duties of the liqUidator shall terminate. The Liquidator shall file his final application for
fees, complete liquidation, and terminate his service within 270 days of the execution of this
17
Order. unless good cause is shown to extend beyond 270 days. At the termination of
Liquidator's duties, the Liquidator shall transfer any unliquidated right. title. and interest in the
Property to the United States.
VI.
CUSTOMER INFORMATION
IT IS FURTHER ORDERED that Defendants. and their agents, servants, and employees,
and all other persons in active concert or participation with any of them who receive actual
notice of this Order by personal service or otherwise, are pennanently restrained and enjoined
from:
A.
address, telephone number. email address, social security number, other identifYing information,
or any data that enables access to a customer's account (including a credit card, bank account, or
other financial account), ofany person which any Defendant obtained prior to entry of this Order
in connection with any charitable solicitation or for-profit telemarketing in which Corporate
Defendants were wholly or partially involved.
B.
failing, within fourteen (14) days after entry of this Order, to transfer possession
of all such customer infonnation related to charitable solicitation to the United States (subject to
any legally valid interests of third parties). This transfer shall be made in accordance with
instructions provided by the Office of Consumer Litigation, Civil Division, U.S. Department of
Justice. Washington, D.C. 20530. Defendants must either destroy or return to the rightful owner
all other customer infonnation in their possession within fourteen (14) days after entry of this
Order.
18
VII.
COMPLIANCE MONITORING
IT IS FURTHER ORDERED that, for the purposes of monitoring and investigating
compliance with any provision of this Order:
A.
Within ten (10) business days of receipt of written notice from a representative of
the Commission or the United States, Defendants each shall submit additional written reports,
which are true and accurate and sworn to under penalty of peIjury; produce documents for
inspection and copying; appear for deposition; and provide entry during normal business hours
to any business location in each Defendant's possession or direct or indirect control to inspect
the business operation;
B.
In addition, the Commission and the United States are authorized to use all other
obtaining discovery from any person, without further leave of court, using
the procedures prescribed by Fed. R. Civ. P. 30, 31, 33, 34, 36, 4S and 69;
2.
C.
Defendants each shall permit representatives ofthe Commission and the United
pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. 49, 57bl, to obtain any
documentary material, tangible things, testimony, or information relevant to unfair or deceptive
acts or practices in or affecting commerce (within the meaning of 15 U.S.C. 45(a)(I)).
VIII.
COMPLIANCE REPORTING
IT IS FURTHER ORDERED that, in order that compliance with the provisions of this
Order may be monitored;
A.
For a period offive (5) years from the date of entry of this Order,
1.
b.
c.
20
2.
B.
One hundred eighty (180) days after the date of entry of this Order and annually
thereafter for a period of eight (8) years, Defendants each shall provide a written report to the
Commission, which is true and accurate and sworn to under penalty of perjury,. setting forth in
detail the manner and form in which they have complied and are complying with this Order.
This report shall include, but not be limited to:
1.
21
b.
Defendant's then-current employment status (including selfemployment), including the name, addresses, and telephone
numbers of each business that Defendant is affiliated with,
employed by, or performs services for; a detailed description of the
nature of the business; and a detailed description of Defendant's
duties and responsibilities in connection with the business or
employment; and
c.
2.
b.
C.
Each Defendant shall notifY the Commission of the filing of a bankruptcy petition
For the purposes of this Order, Defendants shall, unless otherwise directed by the
Commission's authorized representatives, send by overnight courier all reports and notifications
required by this Order to the Commission, to the following address:
Associate Director for Enforcement
Bureau of Consumer Protection
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
RE: FTC v. Civic Development Group et aI., C3810
22
- - ---------------
Provided that, in lieu of overnight courier, Defendants may send such reports or
notifications by first-class mail, but only if Defendants contemporaneously send an electronic
version of such report or notification to the Commission at: DEBrief@ftc.gov.
E.
For the purposes of this Order, Defendants and the Liquidator shall, unless
otherwise directed in writing by a representative of the United States, identify all written
notifications or other material required to be sent to the United States, as in reference to 01#
102-3399, and send them by overnight courier to:
Director, Office of Consumer Litigation
U.S. Department of Justice - Civil Division
450 Fifth Street, NW, Suite 6400
Washington, DC 20001
F.
For purposes of the compliance reporting and monitoring required by this Order,
the Commission and the United States are authorized to communicate directly with each
Defendant.
IX.
RECORDKEEPING
IT IS FURTIffiR ORDERED that, in connection with the advertising, marketing,
promotion, offering for sale, sale, or distribution of any product or service, for a period often
(10) years from the date of entry of this Order, Corporate Defendants, and Individual Defendant
for any business for which he, individually or collectively, is the majority owner or directly or
indirectly controls, are hereby restrained and enjoined from failing to create and retain the
following records:
A.
Accounting records that reflect the cost of goods or services sold, revenues
B.
Personnel records accurately reflecting: the name, address, and telephone number
Customer files containing the names, addresses, phone numbers, dollar amounts
paid, quantity of items or services purchased, and description of items or services purchased, to
the extent such information is obtained in the ordinary course of business;
D.
materials; and
F.
All records and documents necessary to demonstrate full compliance with each
provision ofthis Order, including but not limited to, copies ofacknowledgments of receipt of
this Order required by the Sections titled "Distribution of Order" and "Acknowledgment of
Receipt of Order" and all reports submitted to the Commission pursuant to the Section titled
"Compliance Reporting."
X.
DISTRIBUTION OF ORDER
IT IS FURTHER ORDERED that, for a period oftive (5) years from the date of entry of
this Order, Defendants shall deliver copies of the Order as directed below:
A.
(1) all of their principals, officers, directors, and managers; (2) all of their employees, agents,
and representatives who engage in conduct related to the subject matter of the Order; and (3) any
24
business entity resulting from any change in structure set forth in Subsection A.2 ofthe Section
titled "Compliance Reporting." For current personnel, delivery shall be within five (5) days of
service of this Order upon such Defendant. For new personnel, delivery shall occur prior to
them assuming their responsibilities. For any business entity resulting from any change in
structure set forth in Subsection A.2 of the Section titled "Compliance Reporting," delivery shall
be at least ten (10) days prior to the change in structure.
B.
Defendant controls, directly or indirectly, or in which such Defendant has a majority ownership
interest, such Defendant must deliver a copy of this Order to (1) all principals, officers, directors,
and managers of that business; (2) all employees, agents, and representatives of that business
who engage in conduct related to the subject matter ofthe Order; and (3) any business entity
resulting from any change in structure set forth in Subsection A.2 of the Section titled
"Compliance Reporting." For current personnel, delivery shall be within five (5) days of service
of this Order upon such Defendant. For new personnel, delivery shall occur prior to them
assuming their responsibilities. For any business entity reSUlting from any change in structure
. set forth in Subsection A.2 of the Section titled "Compliance Reporting," delivery shall be at
least ten (10) days prior to the change in structure.
C.
the Order, within thirty (30) days of delivery. from all persons receiving a copy of the Order
pursuant to this Section.
25
XI.
ACKNOWLEDGMENT OF RECEWT OF ORDER
IT IS FURTHER ORDERED that each Defendant, within five (5) business days of
receipt of this Order as entered by the Court, must submit to the Commission a truthful sworn
statement acknowledging receipt ofthis Order.
XII.
SEVERABILITY
IT IS FURTHER ORDERED that if and to the extent that any provision in this Order is
determined to be void or unenforceable as to any Defimdant, then as to that Defendant that
provision shall be deemed severable from the remaining provisions oftbis Order, which shall
remain in full force and effect.
XIII.
RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for
SOORDEREDthis(~dayof
mCiCCb
2010.
26
JAMES A. KOHM,
Associate DI=tol',
Division ofEnforoement
ROBERT S. KAYE,
Assistant Director,
Division of Enfurcement
MATTHEW OLIVER
Lowenstein Sand IeI' PC
65 Livingston Ave.
Roseland, New Jersey 07068
973-$972500
Attorneys for Defendants
'~C0---,.~
MATfHEW 1, WlLSHIRB, Attorney
Federal Trad. Commission
Plvlslon ofBnforcement
600 'Pennsylvania Ave., N.W.
NJ-2122
Washlngtot), D.C. 20S80
Scott~idllallY
Rnd
as Vice President of Civic Development
O''OIIP, LLC alld President of COO
Management, LLC
202-326-2976 (tel)
202326-2558 (flIx)
mwilshire@ftc,gov
27
EUGENE M. THIROLF
Director
Office of Consumer Litigation
KENNETH L. JOST
Deputy Director
Office of Consumer Litigation
ROGER GURAL
Trial Attorneys
Office of Consumer Litigation
U.S. Department of Justice
P.O. Box 386
Washington, D.C. 20044
Phone: (202) 305-3630
Fax: (202) 514-8742
E-mail: markJosephs@usdoj.gov
28
I
I
$56,510
2.
$0
3.
$0
4.
$108,736
5.
Wells Fargo
$93,024
6.
UBSAccount
$205,340
7.
$59,155
8.
UBS Account
$2,283
9.
$236,084
I
!,
I
j
1.
B.
C.
D.
2.
The net proceeds from the auction sale of the wine collection identified in Item 20 of the
financial statement as described in the Auction Proposal attached thereto as Exhibit G
and attached to this Schedule as Exhibit 1. Defendant Pasch represents that upon signing
this Order he will direct the auction company in writing to hold and transfer the sale
proceeds directly to the Liquidator after entry of the Order.
3.
4.
The pieces ofjewelry described in numbered paragraphs 1,2,8,9, 10, 11, 12, 13 and 14
in Item 20 ofthe fmancial statement and Exhibit K thereto attached to this Schedule as .
Exhibit 3.
5.
The artwork or net sale proceeds of the artwork identified in Item 20 ofthe financial
statement described in Exhibits D and E thereto and attached to this Schedule as Exhibit
4. Defendant Pasch represents that immediately upon receipt of the proceeds from the
auction sale ofthe artwork described in Exhibit D, he will transfer the proceeds to
Lowenstein Sandler to hold in escrow, and upon entry of the Order, Lowenstein Sandler
will transfer those funds to the Liquidator in accordance with the Order and as directed
by the Liquidator. As to the artwork identified in Exhibit E on consignment at the time
Defendant Pasch signs this Order, Defendant Pasch represents that if the artwork is sold
he will direct the art gallery in writing to hold and transfer the net sale proceeds directly
to thl; Liquidator after entry of the Order.
6.
All right, title, and interest Derendant Pasch may have in any remaining retainers for
legal services, including any retainers held by Lowenstein Sandler, PC, after accounting
for work performed prior to the date of entry of the Order.
7.
All right, title, and interest Derendant Pasch may have to interest or payments made in
. connection with any loan or investment to or in Financial Processing Services, Dolores
Keezer, or both, including any payments or assets received in connection with such loan
or investment after Defendant Pasch signs this Order.
Pasch Schedule B
Exhibit 1
Item 20.
Personal Property
List all personal property, by category, whelh., held for ""nonal use or for inveslment, including but not limited to,
furniture and household goods ofve1ue, computer equipment, electronics, GOins, stamps, artwork, gemstones,jewelry,
bullion, other collectibl , copyrights, patents, and other intellectual property, held by you, your 'pous., or your
dependents, or held by others for the benefit of you, your spou,., or your dependents.
Name Qf'Owner
Property Category
AcquiSition
Property LgcatiDn
$ 2,500,000 $ -1 ,400,OOC
Warren NJ Residence
Wine
Consign.~.to
Zachy's
$ Unknown $ -250,000
Guitars
Warren NJ Residence
$ Unknown $ -700,000
Warren NJ Residence
$ 700,000 $ -300,000
Artwork
Artwork (continued from
ebo~
...p",ro",ee",rty",,-,s'!,!n:co_ _ .!v:!:!al"'u"'at""lon=s"'upt:.tP9=rl_ _ _ _ _ _ _ _ _ $ _ _ __
Motoreyd~,
List all cars, trucks, motorcycles, boals, ralrplanes. and other vehicles owned or operated by YOU t your spouse, or your
dependents, or held by others for the benefit of you, your spouse, or your dependents.
-Vehicl. Type Car ... _____ M.ke Mercedes Benz
Registered Owner's Name .::S"'c"0,,tt-'-P.::s~5c"'h'-_ _ _ _ _ R.&istration State & No. NJ WW2OO9161 00004182
Address of Vehicle's Looation -'W..:.9"'rc.re"n=N=.J.:..R"e:::s::id::e:.;,n"'c9=-____________________
Original Loan Amount $,..;.N.::./A~____ Curr.nt Loan Bal.nce $l!IA'--_ _ _ Monthly Payment $..:.N"'/Ac:...._ __
- Vehicle Type -'C"s",______ Make Mercedes Benz
Ye.r 2002
Account/Loan No .!N"'o"'n"'6'--_______
""'='--______ . ____________________
Original Loan Amount $..:N.:;I:.;A'--_ _ _ Current Loan Balance ,:.;=____ Monthly Payment $..:.N""A'-'-_ __
Page 9
[nitials
ATTACHMENTS
Doouments Att.ched to this Financial Slalament
Item 33.
List all documents lhat are being submitted wIth this financial statement.
Description of Document
21
27
I am submitting thi' financial statement with tho understanding that it may affect action by the Federal Trad.
Commission or a federal court. I have used my best effOrb to obtain the infonnation requested in this statement. The
responses I have provided to the items above are true and contaIn all the requested facts and Information of which I have
notIce or knowledge. I have provided all requested documents in my custody. possession. or oontrol. I know of the
penalties for f.lse statements under 18 U.S.C, 100 I, 18 U.S.c. 1621, and 18 U.S.C. 1623 (five ye.r. imprisonment
andlor fines). I certify under penalty of perjury undcr the laws of the United States .that the foregoing is true and correct.
Executed on'
(Date)
Signature
Pago 16
Initi'I'~
EXHIBITG
SeUor:
W...... NJ07G!19
CONSIGNMENT CONTRACT
'ibis . . . . .en\ (thi. "Asreomcol"), elated as of tho date set ftmb uIme, is by POd between ZACHYS WINE AUCfIONS, INC. 1'1_
Vork CotpOmtion baving an addt<ss at 39 W-..reImtd Ave, White Plams, Now York 10606 ("ZA" POd tho above ..reronaod SeUer,
having an _
as 'etlbrth _
("Selle(').
1. eo........al Seller appoints ZA as tlte ..Ie and exclnsive $Illes agont to auction tho products listed on Schedule A he!oto (the
"Products") wiUch Schedule A may be _1ld<Id or supplemented from tim. to dme as sa ""ted In """graph S below (the Prod.cI$"~
SeU... horeby c:onsitlllS to ZA the Pmdw:t. fur euction by ZA in _
..ec with thi. Agreement and the Condidollll of s.I....a
Information for 8UYQ in effect at the time of any applicable auotion..
2. CpmmJ'dnDI. Consignment colltmission win be 2% of the i1Da1 h:!rtUDeI'.
J. Pr!!!ldS! DellYtry, Seller sIJaIl doliver the Products 10 suth loenduo as ZA shell des\IlIIate, or shall make tho PmduclS
lable fur
pickup,oo later lhan 60 doys prior to llIe solIeduled date of llIe initial auction 10 wbidt ZA intel1ds to inclnde the PmduCIS. Seller
provide ZAwith itemized iovenlaly of Pmducts to bepicked up by Dr deli......s to ZA. _Inv_ry will be sulUed to ...
by ZA .... Pmduc'" ... m:eived in ZA', w....ho.... Dellvet)' of Products without itemized Inventory win futfeit any and aU _
by
Sen regarding alleged delivCly of Product in whole or in part. fJpeB request" ZA may reeell!HMM a eaeieffpBekefi I'ideEl; .hIt: '61.
'!hBllIwo" !t4jI lial1ilH)' ~e" IIIMl aU
~ 'alit,dft. earl iasllriRg aldte PM""'. -:nll
at Seller's sele ,'''pense w
tisk ZA shall atraDp terEftI81 80lnhail lIBBY PmiluGfs lleU-left"8 '1.A; aM: qJ ae ellpeM8 te Sellar (eneept B5 ,IV Med mpomgF8t1h
9
9~. f.-Zit ape:es te 8eUer s ff!EJU8:5l1s ,tell up PNdueb; Sell., ",jQ pe, Y. all eelti ami INEJnm. _aillated thel!e;Jlfilh iaeluliliftl the _51;
er all pae~ maltnials. an4 trip eupeftges ~ lPj bA fey 9t\&ke _eetiBMwf.i8Rte:ry. The &est ef'i\iti:eh: wiD he 4:e6u:Mad: hlft
payment6 8 ~'8d h3' Zft. 'Ie Seller Baller 91:18 RSfleme'B fin all sasis BillBRS Bl!edisg l8lia fllPlsaM fa eOSUN flrep .. fi8Nte as iY
_
ZA wUl provide trntupo....don ofPmd",,1S to thoir war<house{o) at no """ to Seller.
,M_
"8
.Fe
4. MIi pHit" ZA shall hove c:omplele diocretion as the pl_ date and mannetufsale, Ibe Condidons ors.... the UluS1ration, and/or
tho description of tho PmdUcts in it. _ _ orother l i _ and Ibe combinolion or diVIsion oflb. Prod_ into stich lots and/or
.'P........as ZA shall d_e. ZA may, in lIS sol. dtocrotio.. sell the ProduclS in Los Angel.. with ZA Auctions Inc, ill Hong
!::noS or on the Internet. S,lling tho willes In Los Angolos, Hong Koog or on the internet do...", cbanp any _ t of this ..ntra...
5. Estimates aDd fig .. iOWltoa. Any appraisal. cstiml4fc or otbcr stamment of value by ZA or its .representatives with resp~t to the
estinIated value or selling price of any Product ('EsUmetes"l. whether made orally or in any writiog, "'" oplnin.. of ZA based on ""est
market value for Pmduct in &coUent ConOition. Estimate. sholl not be nlied UPOD by Seller or nny third pany as a predlcdon or g u _
ofllleactual seUing price, and inn. evenlsball ZA be I"'blelbr lhe flliIuRJ.fany Product to he sold 01 any $.... Estimlll!lor tho ........
price Ibmli>... ZA '"""""" tho.rigllt to ohange Estim.... at any time before. sal' based on any considerations deemed re!lUII by ZA.
AI ZA', sol. di....don, foUowing physical inspe<:tion of in_ry, ZA will provide Seller willi notice of any items not previously
,"_ted, items rep......... but not doRvered to ZA or willlan updated _ . A; provided, however, CI!aI any such Estim.... on i......
not previously represented will be ,ubject to the provisions hereof
_fit
Consignor's InitialS@if
RevJscd 1tt.zor.zOO9
1 of 4
7. No Bidding By Seller Seller shaD not, directly or indirectly by Of through any ofits representatives or agents (other than Zit). enter OT
"'... to be ento""'. bid on any of Seller', Product being . _ fur ole.
Prodl!s!s. (a) No Withdraw!! by Seller. No Prodnd ..ay be withdrawn by tbe Sell.. aller the data .....r. If ZA
withdrawal by Seller. the Prodw:t may be withdrawn upon paymOllt of 25% of (il the ....,..,. price, or (iI) irthe """"'" ....
not yet be.. set, the valuation bast (as defined iD paragraph 14 bOROI). in either .... plu, all out.otcpoelo:t ..p...... irtcIumI by ZA for
packing, 'hipping ordoli1rery.
3. WIthdrawal of
00. ._
.,
(b) Wilbdmyal by ZA. ZA ........ the right., withdraw any Product at any lime bofu... actual sale if In ZA', solo judgment (i) there I.
doubt as to lb. otIribedOD. aulltenticlty. quality or polllbiliJ;y oflbe Product, (Ii) the", is doubt as to the accura<;y ofSeil..... rep""""!odon.
or wamnd.. set _ h"";n i. auy "'IJ"Cl, (iii) Seller bas bretlebed or i. about to b....ch any p.nIvlsion h.... (Iv) there is doubt
r.
Sell..... tiUe '" the Product, or (v) furother just ...... including. without limitatioa, CI!IlCOltodo. of any_.
In aJiy such ....n/, ZA willrelum '" SeD... the Product withdrnwn at no p....ty 11> Soller. but at Sell..... ..,le _ and ""1'......
a. '"
9. Up$oId 'raduell. (a) Unsold Pmdgq.. For any Product offered but not sold during dte auction, ZA may. in its sole discretioQ, sell any
such l't1>dw:I iD. privalo .... tor ao 1... thou the ,......,. ....II1II (~OS provided I. Soedon 6l. provided that loch sale u"""" within
ten days otthe aucdon's conclusion. Unless otherwise instrucIed by SeUer in writing as set forth below, any Products not sold in auwDn or
pu"".mllO such private
shall be .......ed by ZA nod will b. plocod in. f\1tu .. sal. !my such fu.... sal. (I) mayor may not bq the sale
iOlRledlat.\y following the one in which Ibe Product did not "'l~ (Ii) may belivo or Via i.......~ (ill) ,ball bq subject to commill$lon ....
of 2%. and (i.) sbell b. at such pri..... includiDg ........... aDd upon such terms and conditions. as ZA sbalt delermine iD lis ..Ie aDd
absolute dis....~... Th.", will be DO .....ieo cbeflll' with ....poet '" unsold Product!, and there witl be no charge '" SeIter for the oI<m\IlC of
....,Id Product, ...opt as provided below. Th. p"",""", ofsuch surn.equent "". ,1Nol1 be rendtted 11> SeUer iD
with the tomts of
,a1.
._co
this Agreement.
(b) ReeI,im prJ TDmM Ptpduct IfSeUerwirmes to reclaim unsold Product. (i) ZA UWSI receive written nolice &om SeDer within 30 days of
tbe medon in which the Product .... olfe"'" fur ,ale, and (.1 ..y such _
must be reelaimed by Seiler and removed from ZA
waroltollJe, at Sell...., sole co" ..d """"""" within 60 days trom the date of such auction. Th_.l't1>dw:I will bq _
\I) a public
wine S10rIIge filci1ity. and Seller will be o:spC>lISI'b!e fur whatever _
and illS1ll1lll<e cI!m!Ies incur. Seller shall not bq 0ItIi1led \I) _
ao,y
....ld Product unlil all comtJtissions, """""'" aDd other
ZA Imve ..... paid in filii.
amounts._ '"
_t
10. k!!lemtpt of Amulpt. ZA will fI"Y Seller the net p.nIceeds of monies ""';ved md colie<:ted llotn beyer from the .... of Sener's
Produ.... I... any oomm.isslons, reimbursable _
.. aDd any other ....._ due '" ZA 110m Sell... (wbother arising out of the .... of the
Product or otherwi..). ZA witt make tlrst such
to SeUcr within 60 coteodar days afb!r the ..t. unl.... prior '" the expimdon of
sucb 60 doy periud. (a) ZA slNoll bave received n.tice of the Buyer's inlo.tiDO tu rescind the
or aoy other <!aim ...t.dog tu the Product
or iIs ..... or (b) ZA .bell bnvo tor aoy ...... n nelbnded such JIIllf'O<1ds \I) the Buyer. If """"""'Y. addlijonal paytnelttS will occur on the
twentyo-lIlIh day of the !bI1.wing mO!lth with a minimum of !wen", days
fl"Ym..... AU paymonts fur ..... _duo!fld in the
United S _ shall b....de in US 0.11ar.!.
.
b._
.aI.
For sales condudOd. in Houg Kong, Seller may elect to receive paymenb hl eithet HK. DoUms of US Dollars. The currency exchange nile
pro_
On date Product is sold will be lIPptioablo to paymeolS.ln Hons Kong....., Ibr.U non Hong I<oog ...id..... there is .0.5% tax to the
SeUet on the hammer price of atl prod"", sold on SalIerbebnlf. This tax will be dedueted 110m SoIIer's
Go_t
!I!!.....
11. Non-l'Iyment By
In the ....en! of no1tpay1ROll! by Ibe BIIY"'. ZA tnl\Y com:eI the sale om! ",turn the PtuducI to Seller. enfon:e
p.yment by the auyer. or tlIko any other ac1lmls perndltl:d by law. as ZA shall der.nni.u. in ilS sole eIi_n. In no ."".1 ebnIl ZA be
liable fur any i.eldenllJlo..onoeq"""dal """'- resulting., Seller ... """It .fany breoch or fail... by tho Buyer.
"""JIIW
11.
of Sale. ZA i. au1borittd to """'I't the rotnm om! resciud the .... of ooy frodnd at any tim. if ZA, in its ..Ie Judgro..~
d.terMines thet there is. genuin.lssue as l1> qnality, authenticity or title of the Product, or there oxists aoy other c i _ which, If ..t
rernedi<>d,..,atd. in the sot. opinion of ZA, result in liability '" ZA themfore. In such event, ZA is further authorized to refUnd or cmlit to
the Buyer the purcb..e prlee ursuch ..lumed Productnd ifZA has olreedy remitted '" Seller any pro_ oflbe ...eIndod sal., SeRer
ebnIl. i....edlately upon non... by ZA. pay to l.A an """,unt equal to the rendtled proceed,; however. in no ......t shan Saller _1UlI0 ZA
~ than the Seller received fiom ZA for the ttscinded sale Product
13. BUYer's Claim. After the .ol" if wilbln :ro days fOllowing receipt of ~n>du,~ allY'" nodfle.s ZA in writing of a claim thai the lot is
.bort or ullaged or th.t "'Y .....ment of opiDioD iD the catalogue is not weU-fcnmded, ZA in lis soto and absoIur. c!i""";on will decide
,ucb claim .. between the Buyer and Soller. ZA may deeId. that the .....tam! or be ....luded and that the pu..base price be r.1lmded in
whole or in part. ZA', decision witl be fiDaI and biDding .n Buyer and Seller. om! no action shah be brougllt in c~o with any claim.
ex~pt OQ and in IlCCOrdiUlCC with ZA~s decision.
ConsignOr'SInitim&
_11I20I2009
[f
20f <)
14. Ip,u"qSS IDsuroru:e ""verage of all Product will b. furoished by ZA as fullows: Product will b. iDsunod by ZA fOr 'OY loss or
""""""0
,.".......ing (.) i. the .... of. pickup by ZA lit. _ designated by Seller. fiOm the"_ of ....h plokup, ami (h) in the ......
of Prod... received ZA', premis.. or a wmollOus. designated by ZA. fiOm the time of.....pt end lo ...h .... such coverage will .....
.~
"""'age
p_
1S. Bigfmt to Im'm of Prmltu;f:! ZA retains tho exclusive rJa:bt to videotape or photograph the Produ1.!t fbr catalope oovertisins
purpo.... ZA ..1oins the e><cIusive eopyrigbllo all catalogue text, iIIustmtions and descrip60ns oflho Produ.... ZA.ha11 aot .... Seller'
...". In ilS catalogues or advertising, or dI""... Seller', n_ or Identity to thild parties lUll... Sellar bas
lIS iIIittal. after this
patagraph or notifies us eilher verbally or in writing of Seller's W'ishcs to use Seller's name in ZA's catalogues or advertising I)f dirdoae
S.IIcr'...... or identity to thlrd pariIes.
16.. TutIpg & QulI"U. ZA may taste sample bottles &om the inventoJy received tor oonsigmnent in oroer to a5SQ;s" quality ami auction..
wo!lhi.t1Bos of the Product. ZA may select bnt1lca from Iho oousignm..t iuvenlory to be opanod fur prospective bIddem at pre-auctlou .
_I., day-ot'-sole lasting, or other promotional purposes. ZA may cut capsules in order to inspect cork ami markings 10 ""nfItm
Rtbcnticity.
Buyers.1I sal.. ""'.. due. ifaOY,."d IV!\I ti..oly remilto the appropriate agonci.. aII ..Ch .....
18. ~R'S REPRllI!!INTATIQNS AND lAJUtANTIE' SELJ..I!R REI'IUlSENTS AND WARRANTS THAT (i) SELLER HAS
TIlE RIGHT AND TITLE TO CONSIGN THE PRODUCTS FOil. SALE, (U) 1lIE PRODUCTS AIU!, AND UNTIL COMPLETION OF
SALE BY ZA. WIU. Bll, FRBI! AN!) CLEAR OF ALL LIENS, CLAIMS AND .ENCUMBRANCES OF 0'I'HIlRS ("UI!NS") OR
RESTRICTIONS ON ZA'S RIGHI" TO OPFllR AND SELL TIlE PRODUCTS AT AUCTION, rili) GOOD 'l1TLE WILL PASS TO THE
BUYER OF ALL PRODUCTS FRBI! AN!) CLBAR OF ANY SUCH LIENS OR RESTRICTIONS. THBSIl Rl!PRI!SENTATIONS AND
WARRANTIES SHALL SURVIVE THE COMPLETION OF THE 11!ANSACTIONS CON'IllMPLATED HERl!BY. SELLER SHALL
NOTIfY ZA PROMPTLY IN WRlTINO OF ANY IlVENll> OR CIllCUMSTANCES THAT MAY CAUSE THE FOREGOING TO BE
INACCURATE OR IIRIlAClIIJD IN ANY WAY. IF SJlLLER IS ACTING AS AN AGENT FOR A PRINCIPAL, SIlLlJlR AN!)
PRINCIPAL, JOINTLY AN!) SEVBRALLY, ASSUME ALL OF THE OBLIGATIONS UNDER tHIS AQRBEMI!NT. SELJ..I!R
AGREI!S T!IAT THE INTI!NDBD BfiNllI'lC!AIUl!S OF tHIS PROVISION INCLUOE ALL BUYERS OF TIlE PRODUCTS.
19.
(a) By Soh Seller I'<j1lllmIts and wammfS to ZA that (I) it bas MI power and
entity) or legal capacity (if Seller ill an individual) to enter into this Ag1'Cf!mOI1t tmd porfurm itt. obHg06ons
heIOonder, (ii) If S.Uer
legal ..diy, this Agreement has been dt!ly authorized omI validly execul<Od anI!, UPOD ...cution by ZA,
constitutes legal, valid and bioding oblill"tion of Seller. _ I e agoinst SeDer i. """,rdonce willi itt. 10_. and (iil) if SoUor is a
manuftlttum' of Product, sale by the SeUcr of tbe Product through ZA is for promotional purposes and is not being done 10 circumveot
appUctible laws regarding d1S1ribution .fbeverage alcobol.
OIltllOrily
Ii
(b) ~ ZA rep....... and IVamlJlts to Seller thel (I) il boa Ibll power and to enter ioto this Agree""'nt omI porfurm irs obligatio",
benrundcr, (ii). dds Agreement has been duly audtarized and validly executed and, QpOD execution by Seller. constib.ltcs a legal, valid and
biDding cbligu60n of ZA, enlbn:eable against ZA In acconlance with its \mIlS, and (iii) it I. U""nsod and pennitred under the laws of the
S\\Ite of New York to sell the ProducllI in the Slate of New York.
and hold hormJ... ZA and illl offill..... ood their respecdve ol!lcero, _
....
_Iders, members, _
.... atfbmoys. agents, .....I....rs, employees and other rep......tati... (collectively, "indomnities") I'mm
and against any and all cb!1Jm. lIabUitics and expenses (including, witl!out Iimilatlon, _~ penal~es and attorney's fi>es and amounts
paid in invemgution, defimdlng or settling any of lllelb"'8lllnsJ, wbether 10 an aQlion _ n the parties hereto or botweeo or among any
Indemnities and any thi!d porty. ariotlog out of or ...ated 10: (a) any adS by or omissions of Sell.., its a","" ...ploy.... or ~""'"
relating to .r
the ProdU<lB, (b) l1li)' b _ or inaccur>oy .Cany .flh. _ _ns, wamoti... """""...IS or agnoon,_ made
by SeU., in collllOOlion with the _done COIlIOI1Iplated h..... (0) tho claims .fthin! partiM claiming or ohaIlongin.11Ifc to any Produ..
cousigned hereunder, and lor (d) l1li)' claims .fBUY.... person. c\almIng fur BW"'" or for any other parsoJl ,"""ling tiom ZA's otfering
fur sale or ""lIog any Product consigned hemndOt, wbothe1' or not the 1!'rodnC\ bas been .ftiored, sold, or _mod to ZA.
_60,
Consignor's Initials
Revised II12O/2{]09
<:!2 Lf
3of4
'
21. M1...IIl!..... (0) This A....,..., _ be II"vllllJ<Jl by the intomollllWS .fth. _ ofNew York; (b) any disputes arisiI1g in \lOIIIIII<lIio.
_willi _ be ..cluslvely ....lweI in the _ .rN.., Yoik _
panel oftltree SJbjImlb,. of Ihe Am";"", AtbitratioJI Asso<:la1ioo (the
"AAI\'1 m0l:cX!Tdtmce willi il$ ..Joson _"",;al SJbjttaliott; (0) the p21ties h""by imMIcab\y ",noon! 10 the eJ<CIusiv..jurisdidion urthe State
of New Yorl<, waive any o1!jedion 10 pmouaI jurisdiction, and wai" the ripl to Ilia! by jury. In -1IIem>f, ifSeUer is not. United
_
oitWon, Soiler hemby appoinl$
as I" Authorized Agent fur servi", of pt<I<OSS In Ihe Stale .fNew York with respect 10
any mailer arisiI1g oul or or "","",8 II> this A _..~ and "'P....... that ouch par\\' has agreed to serv... Soil...s Audlotizod Agent in sud!
~; (d) DbY noti... bemmder ,hall belD writing and shall be deemed gi_ if delivered either .,......ny. by o..might dellveoy or by cettified or registered mai~ postage prepeid. II> a party .tits mpeo!ive address as set furth above; (e) this Agreem..~ tngelher with the
SehedoJes hereto... they may be amended 110m time to time as provided he!:cin, ....taint< Ihe entire agreement oflb. pasties <OIlOOming the
subject malIor hereof, ..d sup,mod.. any and atl prior ~ oral or wrlllen..,.ng the pasties hereto cooceminr the subjecl matter
hereof, which prior......",.ms ... h.",by canceUed, This Agreement may not be ameoded or terminn1ed orally; (I) ZA has the sol' right
.. amend repl.... any of the 1b_1ns Schedllles, whieh, as so aJJIOIIdod. obaIl be d _ in<:oJporated by _ . herein and macJe a
pari hereof.
.r
IN WITNESS WlIERE()F. the _gned blwe duly e x _ this A_mon, as of the date aod year rust wrltICII above
AUCfIONS.INC.
:r~
N:une:
Paseh
l
By.~1ZJ?-
Dale:
n a3l-e'l
N_UsaPaseh
COll8ignor's Initials
Revi50d 1112012009
if
40f 4
39Wes1mo_ _.
'z8d1VS
Auction Proposal
For
FOl<; (914)2Q&.4544
Email;AuclIQll@zachys.com
SaottPasch
Civic Development Group
425 RariIan CIT l'I<y
EdIson, NJ 088377809
Consignment: 5773
Prepared By: Jp
PrInt Cate: 11l30l2009
I.ow_
214,83:1
HlaI>_
320,812
B/I8
12 B/I8
3il B/I8
847
17
Btfa
8IIs
1 B/I8
1.61
375m!
31
61
51
V124457
Scott Pasch
Pagelof12
5773
- --
---~ -----~-----".~-"
- - - - - - '--
'mlVS
For
Fax:(914~
Email: Auctlon@zadIYS.com
Scott Pasch
Consignment: 5773
PrepanJd By: jp
Print Data: 1113012009
Edison, NJ 088377809
LowEdmat&:
HIgII _ _
214,832
320,612
847 8118
72 StIs
30 8118
17B1/S
6 BI/S
1 BI/S
150ml
1.51
Sl'5mI
31
51
51
V124457
Scott Pasch
CMc Development Group
425 Raritan err Pky
39 WeaImo_Ava
Auction Proposal
5778
Page2of12
"z8dlVS
425 Rarllan Cir Pky
Edison, NJ 088377609
Tot. (914)44e.3Q26
Fax: (914)206-4544
For
email: AucUon@zachys.com
Scott Pasch
Conalgnment: 5773
Prepared By: jp
LowEoll_
214.832
High E9Umate:
......,2
847 BHs
12 _
150m!
1.51
108IfB
17 BIIs
6 Sils
31Sml
61
1 SI!s
51
31
V124457
Scott Pasch
CMc Development Group
39 WesImOreIand Ave.
WhIte Plains, NY lDeOl
Auction Proposal
5773
. Page3of12
_._----_ .. _---
.zSdays
~
. ,:',
Tel; (914)~026
For
Fax; (914)20&4544
Emalt AucUon@zacllys.com
SCOitPasch
Conolgnment 5778
Poepated By, jp
PrInt Date, 11l30l2009
Low EstImrde:
Hlgh_a1a:
214,m
847 SIlO
320.612
72 SIlO
30 _
7SOm1
1.51
375m1
17 BI1s
SIlO
1 SIlO
31
III
61
V124457
SoottPasoh
Auction Proposal
5773
Page 4 of 12
'mlVS
Tet(914~
For
Fax: (914)206-4544
CQnslgrlmMt 5773
Prepared By: jp
Print Dale: 11130/2009
EmaIl: Auction@zachyS.cam
Scott Pasch
Low EatImale:
214,832
HIgIt_
320.812
841 8lIa
72
B/I$
30
B/I$
17 8lIa
6 Blis
BJls
1.61
375ml
31
61
51
V124457
Scott Pasch
Civic Development Group
425 RariIan elf PI<y
Edison, NJ 088377809
39Weo1more1andAve,
WhIle Plains, NY loan1
Auction Proposal
PBge5of12
'z8cI1\1Q
.."" :)1: .. :' .'. _.
Scott Pasch
Civic Development Group
425 Raritan CIT Pky
Edison, NJ 068377809
Tel; (914)44&-3026
Fax: (914)2Q6.4e44
Emalk AucIIon@zachys.ccm
For
Scott Pasch
Conafgnment: 5773
prepared By: jp
VV6SlmOl'8JanG iW8.
Low_ale,
214,832
High EsIImaIo:
320,812
847 BIIs
BI1s
30 BIIs
17 811.
8 8I1s
150ml
1.51
315m1
31
61
1 8I1s &1
17:1 _ _
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Auction Proposal
5773
Page 6 of 12
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For
Fax: (914)206-4544
EmaIl: Auction@Zacl1l"'.oom
Scott Pasch
ConlJlgnmenl:5773
Prepared By: jp
PrInt Date: 1113012009
Low_
214,832
IIfIIh _lIB:
320,612
847
7....'
72 BII3
30 _
17 _
.1 811,
1.51
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V124457
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Auction Proposal
5773
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Page 7 0112
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2actlVS
Civic Development Group
425 Rarilan Ctr Pky
Edison, NJ 088377809
For
Scott Pasch
Consignment: 5773
Prepared By: Jp
Print Date: 11130/2009
Low EotImata:
214,832
HJgh EoIImato:
320,612
SIlo
72 BIIo
1S!lmI
il!Is
S75m1
51
847
30
17 B/ls
IllI$
IllI$
1.51
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51
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ScoIIPasch
39 WeWno_Ave.
Auction Proposal
5773
Page8cf12
V124457
Scott Pasch
Civic Development Group
425 Rarilan ctr Pky
EtHson.NJ 086377809
Tel: (914)44&-3ll26
Fax: (914)206-4544
email: AucIIon@Uchys.com
For
Scott Pasch
Consignment: 5713
p...,.red By: lP
PtInt Date: 11131l12009
u.w ..........,
111,,_,
21~"3Z
647
/1tIq.
$21),612
72
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1.61
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$I
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SI
zac.llYS
39 WaiilmO",1and Ava.
lIIihlle Plain NY 10601
Auction Proposal
6713
Page9af12
Auction Proposal
Tot. (914)448-3026
Fax: (914)2Q6.4544
Emalt AucIIon@zachys.com
For
Scott Pasch
Consignment: 5773
Prepeftld By: Jp
Low BaUmate:
214,802
HlahEsUmate,
320,812
847
72
30
11
BIts
SIlo
SIlo
SIlo
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1 BIIo
7_1
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31
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V124457
ScoftPasch
Civic Development Group
426 Rarftan Ct, Pky
Edison. NJ OBB377S09
5773
-----~-.-.-------.--.--
Pagel0of12
- ------_.
.------.-~------
ZacllVS
For
Consignment:
ScottPascb
Edison, NJ 088377809
Fa><: (914)206-1544
EmaU; _Ion@%a<:hy$.com
Scott Pasch
5773
Prepared By, jp
Low EstImate<
214,8az
Hfuh EstImate<
32<).612
flIIl1
72 BItS
150m!
B/iS
375m!
847
30
17 BIts
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1.51
..
31
51
V124457
39 Westmoreland Avo.
\l\lblle Ptalns, NY 10601
Tel: (914)448-
Auction Proposal
Page 110112
5773
--------------11---
. --_.,",.. -,_.-.-
>acllVS
. . , ::'.' i ".; :.:
For
Emalt Auo1lon@Zachys.ccm
Scott Pasch
Consignment: 5773
Prepared By: jp
BIts
BIts
30 BIts
Low EtUmal&:
214,832
847
High EsIImaIt:
...".,2
72
Edison, NJ 088377809
75Om!
1.51
375m!
17
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1lIIs
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51
V124457
ScoIIPasch
39 WesIm.",randAve.
Auction Proposal
Page 12of12
5773
----"._----.._-_.,--
------------------
Pasch Schedule B
Exhibit 2
Perso.al Properly
Item 20.
List all person.1 property, by category, whether held for personal use or for invesunon!, including but not limited to,
furniture and household goods of value, computer e:quipmcnt1 electronics, coins, stamps, artwork, gemstones, jewelry,
bullion, other collectibles, copyrights, patents. and other intellectual property I held by YOU1 your spouse, or your
d~pendents, or held by others for the beneflt of you, your spouse, or your dependents,
Propeov Category
(See artwgrk lewelry)
lIrtwork
Ni!m=2fQ21:~
~gyji~ig!J
Property Location
G!!w!l.
Y.i!lY
$ 2,500,000 $ ~1,4OO,OOC
Warren NJ Residence
Wine
Consi\l~~.d.l0 Zach~'s
$ Unknown $ ~250,OOO
Guitars
Warren NJ Residence
$ Unknown $ ~700,OOO
Jewel~
Warren NJ Residence
$700,000 $-300,000
~roeerty
valuation
Item 21,
and
su~e0rt
List all cars, trucks, motorcycles, boats, airplanes, and other vehicles owned or operated by you, your spouse, or your
dependents, or held by others for the ben.tit of~ou. your spouse, or ~o"r depend.nls.
VehicleType Car ..._____ Make Mercedes Benz
Registered Owner's Name ~s~c_"ott=P_=a"'sc"'h_'__ _ _ _ _ Reglst"'tion State & No. NJ WW2009161 00004162
Address or Vehicle's Location Warren NJ
Purohas. Price $ ~50,OOO
ReSi~e"I1.:",ce,,-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Account/Loan No . .!.:N"'o"'n"'e_ _ __
Year 2002
Peg. 9
Initials
ATTACHMENTS
Item 33.
List all documents that are being submitted with this financial statement.
DeKription of Document
Relates T9
L _ _~ _ _ Supplement Pending
Lawsui~ . ~(E~x~hl~bi~tA~)L...~_ _ _ _ _ _ _ _ _ __
20
20
20
20
(Exhlbl~,-,D=.:-:!..FL)
_ _ _ _ _ _ _ _ _ _ _ _ __
~2=2,--_ _ _ _ _
27
I am submitting this flnoncial slalement wilh the understanding Ihal il may affect aclion by the Federal Trade
Commission or a federal court. I have used my best efforts to obtain the informatIon requested in this statement. The
responses I have provided to the items above are true and contain all the requested facts and information of which 1 have
notice or knowledge, I have provided aU requested documents in my custody, possession. or control. I know of the
penalties rar raise statement. under \8 U.s.C, 100 I, 18 U.S.C. \621, and 18 U,S.C. 1623 (five ye.rs imprisonment
and/or fines). I certifY under penalty of perjury under the laws of the United States that the foregoing is true and correct.
Executed on:
(Dale)
Signature
Page 16
Inltl.,,&_
EXHIBITH
MAKE YEAR!
i SERIAL #
MODEL
FENDER
FENDER
FENDER
GIBSON
125825
1-0864
GIBSON
99046
. .::: ..
L51BI0
i0251S9
~~~~~[~::.::
. ~~]f;J.IL~li~~n:[~~~n~~~!::~-:.::=::I~:~~~~:=~:=:i~~i~
FENDER
1968 !TELECASTER CUSTOM
;
236202
i=f@!!fiC::: :==. f958iiAziMA5tEif. . -.. . .~~~=====:=~::T=:=:::.::.==)_~QI[
FENDER
Y APPLE REP. ..._ .. __ L_._. ____
FENDER
i
242823
FED~.R:-' =::.-L.______._.. Rs;f-.. ~=.::T~::::====J9692
FENDER
1954 iSTRATOCASTER OLYMPIC WHITE
i
L46579
)5893~
.FENoER"
___
,_~
78531
..Ei'SS!STRATOCASTEifMAPi::e
_ _ _ _ _ _ _ _ _ ._.. __ ... ___ ......
'NECi('-"'r"'--'6"2'263i
_. ______._.L ... __._._ .. ___._
FENDER
f._~ND.!=~_ .. _ .... "'_
~_.
'
02.6342
.L...._.._.. __ ._ ..;P 7~
FENDER
FENDER
FENDEOR
FENDER
1956
RATOCASTER SUNBURST
.
1964. TRATOCASTER OLYMPIC WHITE
1965 iSiRATOCASTER BLONDE
1965'STRATOCASTER CANDY APPLE RED:
16123
L69757
L7S897
L85317
FENDER
FENDER
FENDER
FENDER
L02146
202695
21B404
173256
EXHIBIT I
T~~
Richard Rybinski
Hobok8n Vintage and Classic Guitars
513000.00
$28000,00
$23000.00
$65000.00
S10000.00
$20000.00
$20000.00
$30000.00
$23000.00
$24000.00
$13000.00
$28000.00
$24000.00
$70000.00
$70000.00
$25000.00
$18000.00
$16000.00
$35000.00
$24000.00
$25000.00
$22000.00
$24000.00
$26500.00
$13000.00
$18000.00 .
$12500.00.
$B500.00
$12500.00
$10000.00
These are full retail prices and this does not constitute an offer to buy,
rather, this i$ an offer to consign these instruments at 10010 of the purchase
price, in addition to fees incurred.
These are reasonable market prices as the prices of these have dropped
significantly within the last 2 years.
Richard Rybinski
Pasch Schedule B
Exhibit 3
Personal Property
List all personal property, by category, whether held for personal use or for Investment, inc1uding but not limited to ,
furniture and household goods of value, computer equipment, ele:ctronics coins,stamps, artwork, gemstones~jewelry,
bullion, oth., collectibles, oopyrighll!, patents, IUJd other Intellectual property, held by you, your '!IOu.e, or your
dependenll!, or held by olhers for the benefit OfYOll, your spoy,e, or your dependent'.
1
Property Co.te!!{]ry
Name o(Owner
Acqujsition
Property LOftlian
l&!l
Artwork
$ 2,500,000 $ ~1 ,400,00(
Warren NJ Residence
Wine
Consig':lEl.9.to Zachy's
$ Unknown $ -250,000
Gul\a"'r"'s_,....._ _ _ _ __
Warren NJ Residence
$ Unknown $..:-700,000
Jewelry
Warren NJ Residence
$ 700,000
property and
valuation support
$_--_$_--
Item 21.
$ ~300,OOO
LIst aU cars, trucks. motorcycles, boats, airplanes, and other vehicles owned or operated by you, your spouse, or your
dependents, or held by others for the benefit of you, your spouse, or your dependents.
Vehicle Type Car .... _____ M.ke Mercedes Benz
Model
CU9?"'O_____ Y r
2004
Account/Loan No . .:.N,.,o"'n"'s'--_ __
Original Loan Amount $.;.N.::.IAc:...____ Current Loan Bal.nce SJ.:!!i\ ____ Monthly Payment $".:.N"'IA"'-_ __
-Vehicle Type"'C"a"r______ Make Mercedes Benz
Year 2002
Page 9
tnilials
&
ATIACHMENIS
List all documents that are being submitted wilh this "nancial statement.
Description of Document
Supplement Pending
Lawsl!lt~.iE~x~h~lb~lt~AL)_ _ _ _ _ _ _ _ _ _ _ __
(Exhlbl~,-,O",-,-FL)_ _ _ _ _ _ _ _ _ _ _ _ _-----,..
20
22
27
I am submitting thl' financial statement with the understanding that It may affect action by the Feder.1 Trade
Commission or a federal COurt. I have used my best efforts to obtain the information reque.ted in this statement. The
responses I have provided to the items above are true and Q()otain all the requested facts and information of which I have
notice or knowledge. [have provided all requested documents in my custody, possession, or control. I know ofthe
penalties for fal .. statements und", 18 U.S.C. 100 I, IS U.S.C. 1621, and 18 U.S.C. 1623 (flve years Imprisonment
and/or fines). 1 certlfy under penalty or perjury under the laws of the United States that the foregoing is true and correct.
Executed on:
(Date)
Page 16
Initial'~
,EXHIBITK
JEWELRY
1. TIFFANY CLASSIC DIAMOND OR GOLD NECKLACE X PATTERN
2. PATEKPHILLIPEWATCHYELLOWGOLDSERIAL4910/10A-010
DIAMONDS 0.45CTS BRACBLET ACIER
3. PATEK PHILLIPE WATCH SBRIAL 11 3940 WHITB GOLD, RUBIES/WATCH
JEWELS 24 CADRAN/DIAL, FOND ARGENT, HUERES RELIES
4. ONE LADIES DIAMOND ENGAGEMENT RING CUSTOM RING SIZE 5 14KT
YELLOW GOLD CAST MOUNTING CONTAINS ONE CENTER PEAR
BRILLIANT CUT WEIGHT ICT
5. LADIES ROUND BRILLIANT CUT DIAMOND RING WEIGHT 5.44CTS. 14KT
Y SOLITAIRE MOUNTING
6. A TIFFANY CO. PLATINUM AND DIAMOND THREE STONE RING BACH
DIAMOND WEIGHING THE FOLLOWING: 1.01eT, ICT,I.02CT, B COLOR.
VS1CLARITY
7. ONE TIFFANY &. CO. PLATINUM DIAMOND PENDANT, SET WITH ONE
ROUND BRILLIANT CUT DIAMOND WEIGHING 2.62CTS, I COLOR, VSl
CLARITY
8. ONE TIFFANY 18 KARAT YELLOW GOLD AND PLATINUM YELLOW
SAPHIRH AND DIAMOND RING, SETWITH ONE EMERALD SAPPHIRE
WEIGHING 9.97CARATS
9. F.P. ,OURNE RESONANCB 40MM ROSE GOLD CASE 4N MOVEMENT TWO .
TIME ZONE WHITE GOLD DIAL
10.H46565 ROGER DUBUIS ROSE GOLD CASE BLACK/GOLD SPPLIED
ROMAN NUMERALS
11.570bb129v6 BREGUET "LE REVElL DU TSAR- ALARM 2ND TIME ZONE ON
24 HOUR SUBSIDIARY AT 9 O'CLOCK, WHITE GOLD CASE ON BLACK
ALLIGATOR STRAP SN1I7601
12.3710BR929ZE BREGUET TYPB XXI CHRONOGRAPH 18K ROSE GOLD
CASE ON BROWN ALLIGATOR STRAP SN#7601
13.3755PRLE9V6 BREGUET BTS SKELETON TOURBILLON. PLATINUM ON
ALLIGATOR BANK
14.YELLOW DIAMOND HEART PENDANT - GIA CERTIFIED 1.51 CT FANCY
INTENSE YELLOW, Sl1CLARITY, HEART SET IN 18K GOLD
RHPOT#14284181
Pasch Schedule B
Exhibit 4
Item 10,
Personal Property
List.1I personal propet'ly, by category, whether held for personal use or for investment, including but nOt limited to,
furniture and household goods ofva.lue. computer equipment, eleotronics. coina, StamPS, artwork, gemstones,jewelry,
bullion, other collectibles, copynghts, palenls, and .therlot.lIe.lUIl! property, held by you, your spouse, or your
dependents, or held by others for the benefit of you, your spouse, or your dependents,
~Am~ 2fQ~D~r
Property Cqteggry
(e.g .. artwgrk. jewelry)
Property Location
Current
!dIl!l
$ 2,500,000 $ ~1 ADO,OOC
Warren NJ Residence
Lonj~n
6gYii!ion
Consigned In
Wine
Consi~r"e~to Zachts
$ Unk[lOwn $ ~250,OOO
GUitars
Warren NJ ResidenCe
$ Unknown $ -700,000
Jewell)!
Warren NJ ReSidence
$700,000 $ -300,000
ero[!!!rlY snd
valuation sueeort
lIem 21,
List all cars, trucks, motorcycles, boats~ airplanes, and other vehicles owned or operated by you, your spouse, or your
dependents, or held by others for the benefit of you, your spouse, or your dependents.
Mode!
CU~32:::0,-_ _ _ _ _
Year 2004
Ye.r 2002
=='-______ ,____________________
Page 9'
Account/Loan No . .;.N"o"'n,,9'-_ _ _ _ _ __
w.;..=_ __
ATTACHMENTS
Item 33.
List all documents that are being submitted with this financial
statern~nt.
Descriptipn of Document
Supplement Pending
Lawsuit~ (E=:!x:!.h~ib:!!it.!.:A!L)_ _ _ _ _ _ _ _ _ _ _ _ _~
(EXhlbl~,-"D,--,-F),--_ _ _ _ _ _ _ _ _ _ _ _ _~
20
27
[ am submitting this financial statement with the understanding that it may affect action by the Federal Trade
CommiSSion or a federal court. J have used my best efforts to obtain the information requested in this statement. The
responses I have prOVided to the items above are true and contain all the requested facts and Information of which I have
notice or knowledge. I h.". provided all requested doeuments in my custody, possosslon. or control. I know of the
penalties for false ,tatements under 18 U.S.C. 100 1, t 8 U.s.C. 1621. and 18 U.S.C. 1623 (ftve years imprisonment
andlor ftnes). I rtllY under penalty ofperJul')' undctthe laws of the United States thai the foregoing is tru.and colTect.
Executed on:
(Date)
Page 16
Inili.ls~
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EXHIBITE
.-
~UlSECK
CIILL!I\Y
Cl)nslgnment Asl'ecment
Pablo Pi.:asSI)
Minotaur
1937
Gouache and ink on P<lper
10 'h x 8 'Iii inches (26.7 x 21.6 em)
Dated uppe~ left
Provenance:
Bernard Picasso, Paris
leffery Loria, New York
R.usseck Gallery, Palm Beach
,d
Wd8~:C'
1J:J..2lHn:}
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: WDM.:I
"'.
RUSSECK GALLERY
203 WORTH AVENUE
MLM 8EACH. FL l)4BO
Pl'Ovenanre:
Private Cllllection, Spain (acquired from artist)
Ronald Ilmmanuel. London
B.T.Bauford. London
Harry Winston. DIItroit
Russeck Gallery. Palm Beach
Private Colleetlon, New York (acqUired from m.! abo'll! in November 2006)
Exhibited,
Christian Zervos. Pablo PiCflSSO, Oeuvres de 1937 a 1939, Paris. 1959, vol. 9. p.l07. no.ZZZ.
illustrated
Douglas Cooper, Gnnn Private Collectfons, 196:1. p.303.l11ustrated
cd Wd8V:cl 0t0c 0
'qa~
1'#
RUSSECK C""'LERV
20' WOIll'H AYfNUE
Gene Baro, Collector: Lydia WlII.\'IOII, In Art in America, September - October 1967. p. 72
illustrated In color
The Picasso Project. Picasso's Paintirzgs, WoterC(.lorS; Drawings and Sculpture, SpQl1ish CIvil
War 1937.39. Sam FrallClsco, 1991, p. 189, no. 38 -165, lIlostrated
/'
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'ON
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Aei31");j!J >I:l35Sfllj
WOlI.:I
Wachovia
$0
2.
$0
3.
$0
4.
$50,000
5.
$565,679
6.
Ocean First
$294,376
-I
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