ANNOUNCEMENT CONCERNING GANADORES
ANNOUNCEMENT CONCERNING GANADORES
On June 5, 2023, Vision Online, Inc., Ganadores IBR, Inc. and three related companies (the five companies collectively are called “Ganadores”) were named as Defendants in a lawsuit filed by the Federal Trade Commission (“FTC”), an agency of the United States of America. In the lawsuit the FTC alleged that Ganadores’s business operated in violation of various provisions of federal law, including:
- Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices in or affecting commerce;
- The Business Opportunity Rule, which prohibits “business opportunity sellers” from seeking to influence consumers to pay money by making false or unsubstantiated earnings claims;
- The Cooling Off Rule, which requires sellers of certain goods or services at places other than the seller’s place of business to notify buyers of their right to cancel a transaction within three business days and prohibiting sellers from misrepresenting the cancellation rights; and
- The Consumer Review Fairness Act, which prohibits restrictions on an individual’s ability to communicate reviews or, performance assessments about a seller’s products or services.
Also named as Defendants in the lawsuit were Richard Alvarez, Sara Alvarez, Robert Shemin and Bryce Chamberlain (the “Individual Defendants”). All are alleged to have engaged in the same behavior alleged against Ganadores, and/or to have directed or controlled Ganadores to engage in the behavior alleged.
On June 7, 2023, the federal district court where the lawsuit was filed entered a Temporary Restraining Order (“TRO”) that, among other things, enjoined Ganadores and the Individual Defendants from any business activities that violate any of the federal laws and rules mentioned above. The TRO also appointed Mark J. Bernet as a Temporary Monitor to take control of Ganadores to examine its business practices and make recommendations as to whether Ganadores could be operated “lawfully and profitably.”
By Order entered July 18, 2023, the district court converted the TRO into a Preliminary Injunction, a copy of which can be viewed at this link: Ganadores Preliminary Injunction ECF 52 Among other things, the Preliminary Injunction appointed Mr. Bernet as receiver for Ganadores (see Section XII, beginning on page 21) and charged him with various duties, including to cease Ganadores’s business operations unless he determined the business could be operated “lawfully and profitably.” In light of his investigation, and in light of an agreement between Ganadores and the FTC, Ganadores’s business operations are being shut down, effective immediately.
In this receivership, the receiver is charged with marshaling Ganadores’s assets. If Ganadores and the FTC reach a settlement concerning the lawsuit, the money that the Receiver obtains will be repaid to Ganadores’s eligible students on a pro rata basis. The process could take a year or more. It is not possible at this time to estimate the amount of the possible distributions to students.
Updates will be posted on this website, and also on the receiver’s website, which is www.bernet-receiver.com.
Ganadores apologizes to all of its students for the abruptness of this announcement. In the near term, students may e-mail their questions and concerns to Ganadores at the e-mail addresses previously provided.
ANUNCIO RELATIVO A GANADORES
El 5 de junio de 2023, Vision Online, Inc., Ganadores IBR, Inc. y tres empresas relacionadas (las cinco empresas colectivamente se denominan “Ganadores”) fueron nombradas como Demandadas en una demanda presentada por la Comisión Federal de Comercio (“FTC”), una agencia de los Estados Unidos de América. En la demanda, la FTC alegó que el negocio de Ganadores operaba en violación de varias disposiciones de la ley federal, incluyendo:
- El artículo 5 de la Ley de la FTC, que prohíbe los actos o prácticas desleales o engañosos en el comercio o que afecten a éste;
- La Regla de Oportunidades de Negocio, que prohíbe a los “vendedores de oportunidades de negocio” tratar de influir en los consumidores para que paguen dinero haciendo afirmaciones falsas o infundadas sobre las ganancias;
- La Norma de Enfriamiento, que exige a los vendedores de determinados bienes o servicios en lugares distintos del establecimiento del vendedor que notifiquen a los compradores su derecho a cancelar una transacción en un plazo de tres días hábiles y prohíbe a los vendedores tergiversar los derechos de cancelación; y
- La Ley de Equidad en las Opiniones de los Consumidores, que prohíbe las restricciones a la capacidad de una persona para comunicar opiniones o evaluaciones de rendimiento sobre los productos o servicios de un vendedor.
También fueron citados como demandados Richard Álvarez, Sara Álvarez, Robert Shemin y Bryce Chamberlain (los “demandados individuales”). Se alega que todos ellos han incurrido en la misma conducta alegada contra Ganadores, y/o han dirigido o controlado a Ganadores para que incurriera en la conducta alegada.
El 7 de junio de 2023, el tribunal federal de distrito donde se presentó la demanda dictó una Orden de Restricción Temporal (“TRO”) que, entre otras cosas, prohibió a Ganadores y a los Demandados Individuales cualquier actividad comercial que viole cualquiera de las leyes y normas federales mencionadas anteriormente. La TRO también designó a Mark J. Bernet como un Monitor Temporal para tomar el control de Ganadores para examinar sus prácticas comerciales y hacer recomendaciones sobre si Ganadores podría ser operado “legalmente y de manera rentable.”
Mediante Orden dictada el 18 de julio de 2023, el tribunal de distrito convirtió la OTR en una Orden Judicial Preliminar, cuya copia puede consultarse en este enlace: Ganadores Preliminary Injunction ECF 52
Orden Judicial Preliminar Ganadores ECF 52 Entre otras cosas, la Orden Judicial Preliminar designó al Sr. Bernet como administrador judicial de Ganadores (ver Sección XII, a partir de la página 21) y le encomendó diversas obligaciones, entre ellas la de cesar las operaciones comerciales de Ganadores a menos que determinara que el negocio podría ser operado “lícita y rentablemente.” A la luz de su investigación, y a la luz de un acuerdo entre Ganadores y la FTC, las operaciones comerciales de Ganadores están siendo cerradas, con efecto inmediato.
En esta administración judicial, el administrador judicial se encarga de reunir los activos de Ganadores. Si Ganadores y la FTC llegan a un acuerdo en relación con la demanda, el dinero que obtenga el administrador judicial se reembolsará a los estudiantes de Ganadores que reúnan los requisitos de forma prorrateada.
El proceso podría durar un año o más. No es posible en este momento estimar la cantidad de las posibles distribuciones a los estudiantes.
Las actualizaciones se publicarán en este sitio web, y también en el sitio web del receptor, que es www.bernet-receiver.com.
Ganadores ofrece disculpas a todos sus estudiantes por la inmediatez de este anuncio. A corto plazo, los estudiantes pueden enviar sus preguntas e inquietudes por correo electrónico a Ganadores a las direcciones de correo electrónico facilitadas anteriormente.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION,
Plaintiff,
v. Case No.: 6:23-cv-1041-WWB-DCI
VISION ONLINE, INC., GANADORES
IBR, INC., VISION ONLINE DIGITAL,
LLC, VISION ONLINE ENGLISH, LLC,
VISION ONLINE LATINO, LLC,
RICHARD ALVAREZ, SARA ALVAREZ,
ROBERT SHEMIN and BRYCE
CHAMBERLAIN,
Defendants.
/
ORDER
THIS CAUSE is before the Court on the Joint Stipulation to Entry of Stipulated
Preliminary Injunction Order as to Defendant Bryce Chamberlain (Doc. 31), Joint
Stipulated Motion Between the FTC and Defendant Shemin to Extend the June 7, 2023
Temporary Restraining Order Extended b[y] the Court’s June 16, 2023 Order as to
Defendant Shemin and Reschedule the July 21, 2023 Show Cause Hearing as to
Defendant Robert Shemin and the Associated Deadlines for Answering Pleadings and
Legal Memoranda (“Shemin Motion for Extension,” Doc. 38), and the Joint Stipulation
to Entry of Stipulated Preliminary Injunction Order as to Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online
Latino, LLC, Richard Alvarez, and Sara Alvarez (Doc. 47).
On June 7, 2023, this Court entered a Temporary Restraining Order (“TRO,” Doc.
11) against Defendants, which was subsequently extended in accordance with the
agreement of the parties. (Doc. 18 at 1). The TRO is currently set to expire at 11:59 p.m.
Eastern Time on July 21, 2023, and a preliminary injunction hearing has been set for July
19, 2023. (Id. at 2). Plaintiff, the Federal Trade Commission (“FTC”) and Defendants,
with the exception of Robert Shemin, have agreed to the entry of a stipulated preliminary
injunction without a hearing. Additionally, the FTC and Shemin are currently negotiating
a possible stipulated preliminary injunction and request that the existing TRO be extended
as to Shemin to facilitate such discussions.
Having considered the parties’ filings, the record, and the agreement of the parties,
this Court finds that good cause has been shown for the entry of a preliminary injunction
against Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain. For the reasons set forth in the Shemin Motion for Extension,
and pursuant to the parties’ agreement, this Court finds that an extension of the TRO is
appropriate as to Shemin pursuant to Federal Rule of Civil Procedure 65(b)(2).
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Shemin Motion for Extension (Doc. 38) is GRANTED.
2. The TRO as to Shemin shall expire at 11:59 p.m. Eastern Time on August 4,
2023, unless within such time, the Order is extended for an additional period
pursuant to Federal Rule of Civil Procedure 65(b)(2).
3. The preliminary injunction hearing, previously scheduled for July 19, 2023, is
hereby rescheduled for August 2, 2023, at 10:00 a.m. in Courtroom 3B at the
United States Courthouse located at 401 West Central Boulevard, Orlando,
Florida.
a. Defendant Shemin shall file any answering pleadings, affidavits,
motions, expert reports or declarations, or legal memoranda on or before
July 26, 2023. The FTC may file responsive or supplemental pleadings,
materials, affidavits, or memoranda on or before July 28, 2023.
b. On or before July 28, 2023, the parties shall file a joint notice, not to
exceed five pages, informing this Court if an evidentiary hearing is
necessary in this matter. Any party requesting an evidentiary hearing
shall identify with particularity: (1) all disputed issues of material fact or
credibility determinations that are expected to impact the resolution of
the issue; (2) the name, address, and telephone number of any
witnesses that the party anticipates calling at a hearing; and (3) the
estimated length of the requested hearing. The party shall also attach
to its notice a detailed summary or affidavit revealing the substance of
each proposed witness’s expected testimony and an explanation of why
the taking of live testimony would be helpful to this Court.
4. The Joint Stipulation to Entry of Stipulated Preliminary Injunction Order as to
Defendant Bryce Chamberlain (Doc. 31) and Joint Stipulation to Entry of
Stipulated Preliminary Injunction Order as to Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, and Sara Alvarez (Doc. 47) are
GRANTED and the following Preliminary Injunction is entered as to Defendants
Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain:
PRELIMINARY INJUNCTION
I. FINDINGS
A. This Court has jurisdiction over the subject matter of this case, and there is good
cause to believe that it will have jurisdiction over all parties hereto and that venue in this
district is proper.
B. The FTC alleges that Defendants have advertised, marketed, and sold workshops,
mentoring, and business opportunities (“Defendants’ Products”) to consumers in this
District and throughout the United States and that Defendants have engaged in and are
likely to engage in acts or practices that violate Section 5(a) of the FTC Act, 15 U.S.C.
§ 45(a), the Business Opportunity Rule, the Cooling-Off Rule, and the CRFA.
C. This Court has authority to issue this Order pursuant to 15 U.S.C. § 53(b); Fed. R.
Civ. P. 65; and 28 U.S.C. § 1651. Defendants Vision Online, Inc., Ganadores IBR, Inc.,
Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard
Alvarez, Sara Alvarez, and Robert Chamberlain consent to the entry of this Order and
Preliminary Injunction.
D. No security is required of any agency of the United States for issuance of a
preliminary injunction. Fed. R. Civ. P. 65(c).
II. DEFINITIONS
For the purpose of this Order, the following definitions shall apply:
A. “Corporate Defendants” means Vision Online, Inc., Ganadores IBR, Inc., Vision
Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, and each of
their subsidiaries, affiliates, successors, and assigns.
B. “Defendants” means the Corporate Defendants and the Individual Defendants,
individually, collectively, or in any combination.
C. “Document” is synonymous in meaning and equal in scope to the usage of
“document” and “electronically stored information” in Federal Rule of Civil Procedure
34(a) and includes writings, drawings, graphs, charts, photographs, sound and video
recordings, images, internet sites, web pages, websites, electronic correspondence,
including e-mail and instant messages, contracts, accounting data, advertisements, FTP
Logs, Server Access Logs, books, written or printed records, handwritten notes,
telephone logs, telephone scripts, receipt books, ledgers, personal and business
canceled checks and check registers, bank statements, appointment books, computer
records, customer or sales databases, and any other electronically stored information,
including Documents located on remote servers or cloud computing systems, and other
data or data compilations from which information can be obtained directly or, if necessary,
after translation into a reasonably usable form. A draft or non-identical copy is a separate
document within the meaning of the term.
D. “Electronic Data Host” means any person or entity in the business of storing,
hosting, or otherwise maintaining electronically stored information. This includes, but is
not limited to, any entity hosting a website or server, and any entity providing “cloud-
based” electronic storage.
E. “Earnings Claim(s)” means any representation, specific or general, about income,
revenues, financial gains, percentage gains, profit, net profit, gross profit, or return on
investment. Earnings Claims include, but are not limited to: (a) any chart, table, or
mathematical calculation that demonstrates possible results based upon a combination
of variables; (b) any statements from which a prospective purchaser can reasonably infer
that he or she will earn a minimum level of income (e.g., “earn enough money to buy a
Porsche,” “earn a six-figure income,” or “earn your investment back within one year”); (c)
references to quitting one’s job, not having to work, or living off income from online sales
or real estate investing; (d) references to increased purchases or savings, including a
home, cars, boats, vacations, or travel; (e) any statements, claims, success stories,
endorsements, or testimonials about the performance or profitability of representatives,
endorsers, instructors or customers; and (f) any representation, even hypothetical, of how
much money a consumer could or would earn.
F. “Individual Defendant(s)” means Richard Alvarez, Sara Alvarez, Robert Shemin,
and Bryce Chamberlain, individually, collectively, or in any combination.
G. “Monitor” means the Monitor over the Corporate Defendants (“Monitored
Entities”) appointed by this Court’s June 7, 2023 TRO. If the Court appoints a receiver
in this matter over any Corporate Defendant in a later order, the term “Monitor” will include
any such receiver.
H. “Monitored Entities” means Corporate Defendants and any other entity that has
conducted any business related to the marketing or sale of Defendants’ Products,
including receipt of assets derived from any activity that is the subject of the Complaint in
this matter, and that the Monitor determines is controlled or owned by any Defendant. If
the Court appoints a receiver in this matter over any Corporate Defendant in a later order,
the term “Monitored Entities” will include any such entity.
I. “Person” means any natural person or any entity, corporation, partnership, or
association of persons.
J. “Receiver” means the Receiver appointed in this Order and any deputy Receivers
that shall be named by the Receiver.
K. “Receivership Entities” means Corporate Defendants and any other entity that
has conducted any business related to the marketing or sale of Defendants’ Products,
including receipt of assets derived from any activity that is the subject of the Complaint in
this matter, and that the Receiver determines is controlled or owned by any Defendant.
III. PROHIBITED BUSINESS ACTIVITIES
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain and their officers, agents, employees, and attorneys, and all
other persons in active concert or participation with them, who receive actual notice of
this Order by personal service or otherwise, whether acting directly or indirectly, in
connection with the advertising, marketing, promoting, or offering for sale of any goods or
services, are preliminarily restrained and enjoined from:
A. Making any Earnings Claims, unless, the Earnings Claim is non-misleading; and
at the time the Earnings Claims are made, Defendants Vision Online, Inc., Ganadores
IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino,
LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain: (1) have a reasonable
basis for the claim; (2) have in their possession written materials that substantiate the
claimed earnings and that the claimed earnings are typical for consumers similarly
situated to those to whom the claim is made; and (3) make the written substantiation for
Earnings Claims available upon request to the consumer, potential purchaser or investor,
the Receiver, and Plaintiff;
B. Misrepresenting or assisting others in misrepresenting, expressly or by implication
that consumers: (1) will learn everything they need to know at Defendants’ three-day
workshops to make substantial income through real estate investment or online selling;
(2) will complete their first real estate deal during or immediately after the real estate
investment workshop; and (3) who pay for and attend a real estate bootcamp will
complete a profitable real estate deal at the bootcamp;
C. Misrepresenting or assisting others in misrepresenting, expressly or by implication
that any product:
1. will allow purchasers to earn thousands of dollars in profit without needing a
significant amount of money, good credit, or legal immigration status to
succeed;
2. are only offered for a limited time;
3. can only be purchased at the workshop;
4. are only offered to selected consumers vetted by Defendants to ensure they
will be successful;
5. provide purchasers with 100 percent funding for real estate deals; or
6. provide purchasers with personalized assistance from experts or mentors who
will walk consumers through completing real estate deals, including helping
them find offers, drafting contracts, and obtaining funding;
D. Misrepresenting that: (1) Defendants Vision Online, Inc., Ganadores IBR, Inc.,
Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard
Alvarez, Sara Alvarez, and Robert Chamberlain need detailed financial information from
consumers to determine if the consumers qualify for a mentoring package; and (2)
consumers should increase their credit card limits and apply for additional credit cards to
finance real estate deals;
E. Making false testimonials about any product, or failing to disclose that positive
reviews of, and testimonials about a product have been from owners, officers, employees,
or agents of the Person offering the product for sale;
F. Providing purchasers of any product with any documents in a language different
from the one Defendants or the Person offering the Product for sale used to offer the
product for sale, including purchase agreements that outline the cancellation policy and
include other material terms of purchase;
G. Failing to furnish buyers with a fully completed receipt or copy of any contract
pertaining to such sale at the time of its execution, which is in the same language as that
principally used in the oral sales presentation, a “NOTICE OF CANCELLATION” or
“NOTICE OF RIGHT TO CANCEL” in duplicate, that buyers can use to cancel the
transaction, and orally inform buyers of their right to cancel the transaction; and
H. Offering provisions in form contracts that (1) prohibit or restrict individual
consumers’ ability to communicate reviews, performance assessments, and similar
analyses about a seller’s goods, services, or conduct; or (2) that impose a penalty or fee
against individual consumers who engage in such communications.
IV. PROHIBITION ON RELEASE OF CUSTOMER INFORMATION
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain and their officers, agents, employees, and attorneys, and all
other persons in active concert or participation with any of them, who receive actual notice
of this Order, whether acting directly or indirectly, are hereby preliminarily restrained and
enjoined from:
A. Selling, renting, leasing, transferring, or otherwise disclosing, the name, address,
birth date, telephone number, e-mail address, credit card number, bank account number,
Social Security number, or other financial or identifying information of any person that any
Defendant obtained in connection with any activity that pertains to the subject matter of
this Order; and
B. Benefitting from or using the name, address, birth date, telephone number, e-mail
address, credit card number, bank account number, Social Security number, or other
financial or identifying information of any person that any Defendant obtained in
connection with any activity that pertains to the subject matter of this Order.
Provided, however, that Defendants Vision Online, Inc., Ganadores IBR, Inc.,
Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard
Alvarez, Sara Alvarez, and Robert Chamberlain may disclose such identifying information
to a law enforcement agency, to their attorneys as required for their defense, as required
by any law, regulation, or court order, or in any filings, pleadings, or discovery in this
action in the manner required by the Federal Rules of Civil Procedure and by any
protective order in the case.
V. PRESERVATION OF RECORDS
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain and their officers, agents, employees, and attorneys, and all
other persons in active concert or participation with any of them, who receive actual notice
of this Order, whether acting directly or indirectly, are hereby preliminarily restrained and
enjoined from:
A. Destroying, erasing, falsifying, writing over, mutilating, concealing, altering,
transferring, or otherwise disposing of, in any manner, directly or indirectly, Documents
that relate to: (1) the business, business practices, Defendants’ Products, marketing,
assets, or business or personal finances of any Defendant; (2) the business practices or
finances of entities directly or indirectly under the control of any Defendant; or (3) the
business practices or finances of entities directly or indirectly under common control with
any other Defendant; and
B. Failing to create and maintain Documents that, in reasonable detail, accurately,
fairly, and completely reflect Defendants’ incomes, revenues, disbursements,
transactions, and use of Defendants’ assets.
VI. ASSET FREEZE
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain and their agents, employees, and attorneys, and all other
persons in active concert or participation with any of them, who receive actual notice of
this Order, whether acting directly or indirectly, are hereby preliminarily restrained and
enjoined from:
A. Transferring, liquidating, converting, encumbering, pledging, loaning, selling,
concealing, dissipating, disbursing, assigning, relinquishing, spending, withdrawing,
granting a lien or security interest or other interest in, or otherwise disposing of any assets
that are:
1. owned or controlled, directly or indirectly, by Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert
Chamberlain;
2. held, in part or in whole, for the benefit of Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert
Chamberlain;
3. in the actual or constructive possession of Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert
Chamberlain; or
4. owned or controlled by, in the actual or constructive possession of, or otherwise
held for the benefit of, any corporation, partnership, asset protection trust, or
other entity that is directly or indirectly owned, managed, or controlled by
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital,
LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez,
Sara Alvarez, and Robert Chamberlain.
B. Opening or causing to be opened any safe deposit boxes, commercial mailboxes,
or storage facilities titled in the name of Defendants Vision Online, Inc., Ganadores IBR,
Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC,
Richard Alvarez, Sara Alvarez, and Robert Chamberlain or subject to access by
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and
Robert Chamberlain;
C. Incurring charges or cash advances on any credit, debit, or ATM card issued in the
name, individually or jointly, of any Corporate Defendant or any corporation, partnership,
or other entity directly or indirectly owned, managed, or controlled by any Defendant or of
which any Defendant is an officer, director, member, or manager. This includes any
corporate bankcard or corporate credit card account for which any Defendant is, or was
on the date that this Order was signed, an authorized signor; or
D. Cashing any checks or depositing any money orders or cash received from
consumers, clients, or customers of any Defendant.
The assets affected by this Section shall include: (1) all assets of Defendants
Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online
English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert
Chamberlain as of the time this Order is entered, except as detailed below; and (2) assets
obtained by Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital,
LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara
Alvarez, and Robert Chamberlain after this Order is entered if those assets are derived
from any activity that is the subject of the Complaint in this matter or that is prohibited by
this Order.
Table 1: Defendant Chamberlain Accounts Not Subject to the Asset Freeze
Financial Institution Account #
Wells Fargo Bank X9051
Wells Fargo Bank X9498
Wells Fargo Bank X3261
Central Bank X3066
Central Bank X7232
Central Bank X1334
Central Bank X3015
Table 2: Account of Defendants Alvarez Not Subject to the Asset Freeze
Financial Institution Account # Amount
1 Trustco Bank x3494 $45,000
(From HELOC secured
by Defendants Alvarez
Orlando Residence)
This Section does not prohibit any transfers to the Monitor or Receiver or
repatriation of foreign assets specifically required by this Order.
VII. DUTIES OF ASSET HOLDERS OF DEFENDANTS’ ASSETS AND OTHER
THIRD PARTIES
Any financial or brokerage institution, Electronic Data Host, credit card processor,
payment processor, merchant bank, acquiring bank, independent sales organization,
third party processor, payment gateway, insurance company, business entity, or person
who receives actual notice of this Order, by service or otherwise, that has: (a) held,
controlled, or maintained custody, through an account or otherwise, of any Document on
behalf of Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain or any asset that has been owned or controlled, directly or
indirectly, by Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital,
LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara
Alvarez, and Robert Chamberlain, is held, in part or in whole, for the benefit of Defendants
Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online
English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert
Chamberlain, is in the actual or constructive possession of Defendants Vision Online,
Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision
Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain, or is owned
or controlled by, in the actual or constructive possession of, or otherwise held for the
benefit of, any corporation, partnership, asset protection trust, or other entity that is
directly or indirectly owned, managed, or controlled by Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online
Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain; (b) held, controlled,
or maintained custody, through an account or otherwise, of any Document or asset
associated with credits, debits, or charges made on behalf of Defendants Vision Online,
Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision
Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain, including
reserve funds held by payment processors, credit card processors, merchant banks,
acquiring banks, independent sales organizations, third party processors, payment
gateways, insurance companies, or other entities; or (c) has extended credit to
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and
Robert Chamberlain, including through a credit card account, shall:
A. Hold, preserve, and retain within its control and prohibit the withdrawal, removal,
alteration, assignment, transfer, pledge, encumbrance, disbursement, dissipation,
relinquishment, conversion, sale, or other disposal of any such Document or asset of any
Individual Defendant, as well as all Documents or other property related to such assets,
except by further order of this Court; provided, however, that this provision does not
prohibit Defendants Richard Alvarez, Sara Alvarez, and Robert Chamberlain from
incurring charges on a personal credit card established prior to entry of this Order, up to
the pre-existing credit limit;
B. Deny any person, except the Monitor, access to any safe deposit box, commercial
mailbox, or storage facility that is titled in the name of Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online
Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain, either individually
or jointly, or otherwise subject to access by Defendants Vision Online, Inc., Ganadores
IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino,
LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain;
C. Within five days of receiving a copy of this Order, provide the FTC’s counsel a
sworn statement setting forth, for each asset or account covered by this Section:
1. The identification number of each such account or asset;
2. The balance of each such account, or a description of the nature and value of
each such asset as of the close of business on the day on which this Order is
served, and, if the account or other asset has been closed or removed, the date
closed or removed, the total funds removed in order to close the account, and
the name of the person or entity to whom such account or other asset was
remitted; and
3. The identification of any safe deposit box, commercial mailbox, or storage
facility that is either titled in the name, individually or jointly, of Defendants
Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain, or is otherwise subject to access by Defendants
Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain; and
D. Upon the request of the FTC’s counsel, the Monitor, or the Receiver, promptly
provide them with copies of all records or other Documents pertaining to any account or
asset covered by this Section, including originals or copies of account applications,
account statements, signature cards, checks, drafts, deposit tickets, transfers to and from
the accounts, including wire transfers and wire transfer instructions, all other debit and
credit instruments or slips, currency transaction reports, 1099 forms, and all logs and
records pertaining to safe deposit boxes, commercial mailboxes, and storage facilities.
VIII. REPATRIATION AND ACCOUNTING OF FOREIGN ASSETS
Within five days of the service of this Order, Defendants Vision Online, Inc.,
Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online
Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain shall:
A. Unless already done, provide the FTC’s counsel, the Monitor, and the Receiver
with a full accounting, verified under oath and accurate as of the date of this Order, of all
assets, Documents, and accounts outside of the United States that are: (1) titled in the
name, individually or jointly, of Defendants Vision Online, Inc., Ganadores IBR, Inc.,
Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard
Alvarez, Sara Alvarez, and Robert Chamberlain; (2) held by any Person for the benefit of
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and
Robert Chamberlain or for the benefit of any corporation, partnership, asset protection
trust, or other entity that is directly or indirectly owned, managed, or controlled by
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and
Robert Chamberlain; or (3) under the direct or indirect control, whether jointly or singly,
of Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and
Robert Chamberlain;
B. Take all steps necessary to provide the FTC’s counsel and the Monitor with access
to all Documents and records relating to the accounts or assets described above in
subsection A, including signing the Consent to Release of Financial Records appended
to this Order as Attachment A and serving this Order on any financial institution or other
entity holding the assets;
C. Transfer to the territory of the United States all Documents and assets located in
foreign countries that are: (1) titled in the name, individually or jointly, of Defendants Vision
Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain; (2)
held by any person or entity for the benefit of Defendants Vision Online, Inc., Ganadores
IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino,
LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain or for the benefit of, any
corporation, partnership, asset protection trust, or other entity that is directly or indirectly
owned, managed, or controlled by Defendants Vision Online, Inc., Ganadores IBR, Inc.,
Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard
Alvarez, Sara Alvarez, and Robert Chamberlain; or (3) under the direct or indirect control,
whether jointly or singly, of Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision
Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard
Alvarez, Sara Alvarez, and Robert Chamberlain; and
D. The same business day as any repatriation: (1) notify the Monitor, the Receiver,
and counsel for the FTC of the name and location of the financial institution or other entity
that is the recipient of such Documents or assets; and (2) serve this Order on any such
financial institution or other entity.
IX. NON-INTERFERENCE WITH REPATRIATION
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain and their agents, employees, and attorneys, and all other
persons in active concert or participation with any of them, who receive actual notice of
this Order, whether acting directly or indirectly, are hereby preliminarily restrained and
enjoined from taking any action, directly or indirectly, that may result in the encumbrance
or dissipation of foreign assets, or in the hindrance of the repatriation required by this
Order, including, but not limited to:
A. Sending any communication or engaging in any other act, directly or indirectly, that
results in a determination by a foreign trustee or other entity that a “duress” event has
occurred under the terms of a foreign trust agreement until such time that all Defendants’
assets have been fully repatriated pursuant to this Order; or
B. Notifying any trustee, protector, or other agent of any foreign trust or other related
entities of either the existence of this Order, or of the fact that repatriation is required
pursuant to a court order, until such time that all Defendants’ assets have been fully
repatriated pursuant to this Order.
X. CONSUMER CREDIT REPORTS
The FTC’s counsel, the Monitor, and the Receiver may obtain credit reports
concerning Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital,
LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara
Alvarez, and Robert Chamberlain pursuant to the Fair Credit Reporting Act, 15 U.S.C.
§ 1681b(a)(1), and, upon written request, any credit reporting agency from which such
reports are requested shall provide them to Plaintiff.
XI. REPORT OF NEW BUSINESS ACTIVITY
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain and their officers, agents, employees, and attorneys, and all
other persons in active concert or participation with any of them, who receive actual notice
of this Order, whether acting directly or indirectly, are hereby preliminarily restrained and
enjoined from creating, operating, or exercising any control over any business entity,
whether newly formed or previously inactive, including any partnership, limited
partnership, joint venture, sole proprietorship, limited liability company, or corporation,
without first providing the FTC’s counsel, the Monitor, and the Receiver with a written
statement disclosing: (1) the name of the business entity; (2) the address and telephone
number of the business entity; (3) the names of the business entity’s officers, directors,
principals, managers, and employees; and (4) a detailed description of the business
entity’s intended activities.
XII. APPOINTMENT OF RECEIVER AND DUTIES OF RECEIVER
Mark J. Bernet is appointed as Receiver of the Receivership Entities and any of
their affiliates, subsidiaries, successors, and assigns, wherever located with the full
powers of an equity receiver. The Receiver shall be solely the agent of this Court in acting
as Receiver under this Order. The Receiver shall be accountable directly to this Court.
The Receiver shall have the following duties and authority:
A. Assume full control of Receivership Entities by removing, as the Receiver deems
necessary or advisable, any director, officer, independent contractor, employee, attorney,
or agent of any Receivership Entity from control of, management of, or participation in,
the affairs of the Receivership Entity;
B. Take exclusive custody, control, and possession of all assets and Documents of,
or in the possession, custody, or under the control of, any Receivership Entity, wherever
situated;
C. Take exclusive custody, control, and possession of all Documents or assets
associated with credits, debits, or charges made on behalf of any Receivership Entity,
wherever situated, including reserve funds held by payment processors, credit card
processors, merchant banks, acquiring banks, independent sales organizations, third
party processors, payment gateways, insurance companies, or other entities;
D. Conserve, hold, manage, and prevent the loss of all assets of the Receivership
Entities, and perform all acts necessary or advisable to preserve the value of those
assets. The Receiver shall assume control over the income and profits therefrom and all
sums of money now or hereafter due or owing to the Receivership Entities. The Receiver
shall have full power to sue for, collect, and receive all assets of the Receivership Entities
and of other persons or entities whose interests are now under the direction, possession,
custody, or control of the Receivership Entities. Provided, however, that the Receiver
shall not attempt to collect any amount from a consumer if the Receiver believes the
consumer’s debt to the Receivership Entities has resulted from the deceptive acts or
practices or other violations of law alleged in the Complaint in this matter, without prior
Court approval;
E. Obtain, conserve, hold, manage, and prevent the loss of all Documents of the
Receivership Entities, and perform all acts necessary or advisable to preserve such
Documents. The Receiver shall: divert mail; preserve all Documents of the Receivership
Entities that are accessible via electronic means (such as online access to financial
accounts and access to electronic documents held onsite or by Electronic Data Hosts, by
changing usernames, passwords, or other log-in credentials); take possession of all
electronic Documents of the Receivership Entities stored onsite or remotely; take
whatever steps necessary to preserve all such Documents; and obtain the assistance of
the FTC’s Digital Forensic Unit for the purpose of obtaining electronic documents stored
onsite or remotely.
F. Choose, engage, and employ attorneys, accountants, appraisers, and other
independent contractors and technical specialists, as the Receiver deems advisable or
necessary in the performance of duties and responsibilities under the authority granted
by this Order;
G. Make payments and disbursements from the receivership estate that are
necessary or advisable for carrying out the directions of, or exercising the authority
granted by, this Order, and to incur, or authorize the making of, such agreements as may
be necessary and advisable in discharging his or her duties as Receiver. The Receiver
shall apply to the Court for prior approval of any payment of any debt or obligation incurred
by the Receivership Entities prior to the date of entry of this Order, except payments that
the Receiver deems necessary or advisable to secure assets of the Receivership Entities,
such as rental payments;
H. Take all steps necessary to secure and take exclusive custody of each location
from which the Receivership Entities operate their businesses. Such steps may include,
but are not limited to, any of the following, as the Receiver deems necessary or advisable:
(1) securing the location by changing the locks and alarm codes and disconnecting any
internet access or other means of access to the computers, servers, internal networks, or
other records maintained at that location; and (2) requiring any persons present at the
location to leave the premises, to provide the Receiver with proof of identification, and to
demonstrate to the satisfaction of the Receiver that such persons are not removing from
the premises Documents or Assets of the Receivership Entities. Law enforcement
personnel, including, but not limited to, police or sheriffs, may assist the Receiver in
implementing these provisions to keep the peace and maintain security. If requested by
the Receiver, the United States Marshal will provide appropriate and necessary
assistance to the Receiver to implement this Order and is authorized to use any
necessary and reasonable force to do so;
I. Take all steps necessary to prevent the modification, destruction, or erasure of any
webpage or website registered to and operated, in whole or in part, by any Defendants,
and to provide access to all such webpage or websites to Plaintiff’s representatives,
agents, and assistants, as well as Defendants and their representatives;
J. Enter into and cancel contracts and purchase insurance as advisable or
necessary;
K. Prevent the inequitable distribution of assets and determine, adjust, and protect
the interests of consumers who have transacted business with the Receivership Entities;
L. Make an accounting, as soon as practicable, of the assets and financial condition
of the receivership and file the accounting with the Court and deliver copies thereof to all
parties;
M. Institute, compromise, adjust, appear in, intervene in, defend, dispose of, or
otherwise become party to any legal action in state, federal or foreign courts or arbitration
proceedings as the Receiver deems necessary and advisable to preserve or recover the
assets of the Receivership Entities, or to carry out the Receiver’s mandate under this
Order, including but not limited to, actions challenging fraudulent or voidable transfers;
N. Issue subpoenas to obtain Documents and records pertaining to the Receivership,
and conduct discovery in this action on behalf of the receivership estate, in addition to
obtaining other discovery as set forth in this Order;
O. Open one or more bank accounts at designated depositories for funds of the
Receivership Entities. The Receiver shall deposit all funds of the Receivership Entities
in such designated accounts and shall make all payments and disbursements from the
receivership estate from such accounts. The Receiver shall serve copies of monthly
account statements on all parties;
P. Maintain accurate records of all receipts and expenditures incurred as Receiver;
Q. Allow the Plaintiffs’ representatives, agents, and assistants, as well as Defendants’
representatives and Defendants themselves, reasonable access to the premises of the
Receivership Entities, or any other premises where the Receivership Entities conduct
business. The purpose of this access shall be to inspect and copy any and all books,
records, Documents, accounts, and other property owned by, or in the possession of, the
Receivership Entities or their agents. The Receiver shall have the discretion to determine
the time, manner, and reasonable conditions of such access;
R. Allow the Plaintiffs’ representatives, agents, and assistants, as well as Defendants
and their representatives reasonable access to all Documents in the possession, custody,
or control of the Receivership Entities;
S. Cooperate with reasonable requests for information or assistance from any state
or federal civil or criminal law enforcement agency;
T. Suspend business operations of the Receivership Entities if in the judgment of the
Receiver such operations cannot be continued legally and profitably;
U. If the Receiver identifies a nonparty entity as a Receivership Entity, promptly notify
the entity as well as the parties, and inform the entity that it can challenge the Receiver’s
determination by filing a motion with the Court. Provided, however, that the Receiver may
delay providing such notice until the Receiver has established control of the nonparty
entity and its assets and records, if the Receiver determines that notice to the entity or
the parties before the Receiver establishes control over the entity may result in the
destruction of records, dissipation of assets, or any other obstruction of the Receiver’s
control of the entity; and
V. If in the Receiver’s judgment the business operations cannot be continued legally
and profitably, take all steps necessary to ensure that any of the Receivership Entities’
webpages or websites relating to the activities alleged in the Complaint cannot be
accessed by the public, or are modified for consumer education and/or informational
purposes, and take all steps necessary to ensure that any telephone numbers associated
with the Receivership Entities cannot be accessed by the public, or are answered solely
to provide consumer education or information regarding the status of operations.
XIII. COMPENSATION OF RECEIVER
The Receiver and all personnel hired by the Receiver, as herein authorized,
including counsel to the Receiver and accountants, are entitled to reasonable
compensation for the performance of duties pursuant to this Order and for the cost of
actual out-of-pocket expenses incurred by them, from the assets now held by, in the
possession or control of, or which may be received by, the Receivership Entities. The
Receiver shall file with the Court and serve on the parties periodic requests for the
payment of such reasonable compensation, with the first such request filed no more than
sixty days after the date of entry of this Order. The Receiver shall not increase the hourly
rates used as the bases for such fee applications without prior approval of the Court.
XIV. RECEIVER’S BOND
The Receiver shall file with the Clerk of this Court a bond in the sum of $10,000
with sureties to be approved by the Court, conditioned that the Receiver will well and truly
perform the duties of the office and abide by and perform all acts the Court directs. 28
U.S.C. § 754.
XV. ACCESS TO BUSINESS PREMISES AND RECORDS
A. The Receiver, and its representatives, agents, contractors, and assistants, shall
continue to have access to the business premises, records, and storage facilities, owned,
controlled, or used by the Receivership Entities. Such locations include, but are not
limited to, 733 West Colonial Drive, Orlando, Florida 32804, and any offsite location or
commercial mailbox used by the Receivership Entities;
B. Plaintiff and the Receiver, and their representatives, agents, contractors, and
assistants, are authorized to remove Documents from the Receivership Entities’ premises
in order that they may be inspected, inventoried, and copied. Plaintiff shall return any
removed materials to the Receiver within seven business days of completing inventorying
and copying, or such time as is agreed upon by Plaintiff and the Receiver;
C. Plaintiff’s access to the Receivership Entities’ Documents pursuant to this Section
shall not provide grounds for any Defendant to object to any subsequent request for
Documents served by Plaintiff;
D. If any Documents, computers, or electronic storage devices containing information
related to the business practices or finances of the Receivership Entities are at a location
other than that listed above, including personal residence(s) of any Defendant, then,
immediately upon receiving notice of this Order, Defendants and the Receivership Entities
shall produce to the Receiver all such Documents, computers, and electronic storage
devices, along with any codes or passwords needed for access. To prevent the
destruction of computer data, upon service of the Order, any such computers or electronic
storage devices shall be powered down in the normal course of the operating system
used on such devices and shall not be powered up or used until produced for copying
and inspection; and
E. If any communications or records of any Receivership Entity are stored with an
Electronic Data Host, such Entity shall, immediately upon receiving notice of this Order,
provide the Receiver with the username, passwords, and any other login credential
needed to access the communications and records, and shall not attempt to access, or
cause a third party to attempt to access, the communications or records.
XVI. TRANSFER OF RECEIVERSHIP PROPERTY TO RECEIVER
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, and Sara Alvarez,
and any other person with possession, custody or control of property of, or records
relating to, the Receivership Entities shall, upon notice of this Order by personal service
or otherwise, fully cooperate with and assist the Receiver in taking and maintaining
possession, custody, or control of the assets and Documents of the Receivership Entities
and immediately transfer or deliver to the Receiver possession, custody, and control of,
the following:
A. All assets held by or for the benefit of the Receivership Entities;
B. All Documents or assets associated with credits, debits, or charges made on behalf
of any Receivership Entity, wherever situated, including reserve funds held by payment
processors, credit card processors, merchant banks, acquiring banks, independent sales
organizations, third party processors, payment gateways, insurance companies, or other
entities;
C. All Documents of or pertaining to the Receivership Entities;
D. All computers, electronic devices, mobile devices and machines used to conduct
the business of the Receivership Entities;
E. All assets and Documents belonging to other persons or entities whose interests
are under the direction, possession, custody, or control of the Receivership Entities; and
F. All keys, codes, usernames, and passwords necessary to gain or to secure access
to any assets or Documents of or pertaining to the Receivership Entities, including access
to their business premises, means of communication, accounts, computer systems
(onsite and remote), Electronic Data Hosts, or other property.
In the event that any person or entity fails to deliver or transfer any asset or
Document, or otherwise fails to comply with any provision of this Section, the Receiver
may file an Affidavit of Non-Compliance regarding the failure and a motion seeking
compliance or a contempt citation.
XVII. PROVISION OF INFORMATION TO RECEIVER
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, and Sara Alvarez
shall immediately provide to the Receiver, unless he or she has already done so pursuant
to the TRO:
A. A list of all Documents pertaining to the Receivership Entities’ Earnings Claims and
other representations related to the marketing, advertising, promotion, offer for sale, or
sale of Defendants’ Products, including any such Documents belonging to other persons
or entities whose interests are under the direction, custody, or control, or in the
possession, of the Receivership Entities.
B. A list of all assets and accounts of the Receivership Entities, including assets of
the Receivership Entities that are held in any name other than the name of a Receivership
Entity, or by any Person other than a Receivership Entity;
C. A list of all assets and Documents belonging to other Persons whose interests are
under the direction, custody, or control, or in the possession of the Receivership Entities;
D. A list of all locations where Documents of the Receivership Entities are located,
and the means to access such Documents within five hours of the Receiver’s request;
E. Access to all Documents of the Receivership Entities including, but not limited to,
books and records of accounts, all financial and accounting records, balance sheets,
income statements, bank records (including monthly statements, canceled checks,
records of wire transfers, and check registers), client lists, title Documents, and other
papers that relate to the practices charged in the Complaint or Defendants’ Products;
F. Access to all computers, electronic devices, mobile devices, and machines, onsite
or remotely, and any cloud account, including specific method to access account (e.g.,
login credentials), electronic files in any medium, or other data in whatever form used to
conduct the business of the Receivership Entities;
G. Copies of all keys, codes, usernames, and passwords necessary to gain or to
secure access to any assets or Documents of the Receivership Entities including, but not
limited to, access to their business premises, means of communication, accounts,
computer systems, or other property;
H. A list of all agents, employees, independent contractors, officers, attorneys,
servants, and those Persons in active concert and participation with the Receivership
Entities, or who have been associated or done business with the Receivership Entities;
and
I. A description of any documents covered by attorney-client privilege or attorney
work product, including files where such documents are likely to be located, authors or
recipients of such documents, and search terms likely to identify such electronic
documents.
XVIII. COOPERATION WITH THE RECEIVER
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, and Sara Alvarez,
the Receivership Entities, and their officers, agents, employees, and attorneys, all other
Persons in active concert or participation with any of them, and all other persons or
entities served with a copy of this Order shall fully cooperate with and assist the Receiver.
This cooperation and assistance shall include, but is not limited to, providing information
to the Receiver that the Receiver deems necessary to exercise the authority and
discharge the responsibilities of the Receiver under this Order; providing any keys, codes,
usernames, and passwords required to access any computers, electronic devices, mobile
devices, machines, onsite or remotely, and any cloud account, including specific method
to access account, or electronic files in any medium; advising all persons who owe money
to any Receivership Entity that all debts should be paid directly to the Receiver;
transferring funds at the Receiver’s direction; and producing Documents related to the
assets and sales and refunds of the Receivership Entities. The entities obligated to
cooperate with the Receiver under this provision include, but are not limited to, banks,
broker-dealers, savings and loans, escrow agents, title companies, commodity trading
companies, precious metals dealers, credit card processors, payment processors,
merchant banks, acquiring banks, independent sales organizations, third party
processors, payment gateways, insurance companies and other financial institutions and
depositories of any kind, as well as all common carriers, telecommunications companies,
and third-party billing agents.
XIX. NON-INTERFERENCE WITH THE RECEIVER
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, and Sara Alvarez,
the Receivership Entities, and their officers, agents, employees, and attorneys, and all
other Persons in active concert or participation with any of them, who receive actual notice
of this Order and any other Person served with a copy of this Order are hereby
preliminarily restrained and enjoined from directly or indirectly:
A. Interfering with the Receiver’s efforts to carry out its duties under this Order,
including but not limited to interfering with the Receiver’s efforts to review Documents or
claims related to the Receivership Entities’ marketing, advertising, promotion, offer for
sale, or sale of the Defendants’ Products.
B. Interfering with the Receiver’s efforts to manage, or take custody, control, or
possession of, the assets or Documents subject to the receivership;
C. Transacting any of the business of the Receivership Entities;
D. Destroying, secreting, defacing, transferring, or otherwise altering or disposing of
any Documents of the Receivership Entities;
E. Transferring, receiving, altering, selling, encumbering, pledging, assigning,
liquidating, or otherwise disposing of any assets owned, controlled, or in the possession
or custody of, or in which an interest is held or claimed by, the Receivership Entities; and
F. Refusing to cooperate with the Receiver or the Receiver’s duly authorized agents
in the exercise of their duties or authority under any order of this Court.
XX. STAY OF ACTIONS
Except by leave of this Court, during the pendency of the receivership ordered
herein, Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, and Sara Alvarez,
their officers, agents, employees, attorneys, and all other persons in active concert or
participation with any of them, who receive actual notice of this Order, and their
corporations, subsidiaries, divisions, or affiliates, and all investors, creditors,
stockholders, lessors, customers, and other persons seeking to establish or enforce any
claim, right, or interest against or on behalf of Defendants Vision Online, Inc., Ganadores
IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino,
LLC, Richard Alvarez, and Sara Alvarez, and all others acting for or on behalf of such
persons, are hereby enjoined from taking action that would interfere with the exclusive
jurisdiction of this Court over the assets or Documents of the Receivership Entities,
including, but not limited to:
A. Filing or assisting in the filing of a petition for relief under the Bankruptcy Code, 11
U.S.C. § 101 et seq., or of any similar insolvency proceeding on behalf of the Receivership
Entities;
B. Commencing, prosecuting, or continuing a judicial, administrative, or other action
or proceeding against the Receivership Entities, including the issuance or employment of
process against the Receivership Entities, except that such actions may be commenced
if necessary to toll any applicable statute of limitations;
C. Filing or enforcing any lien on any asset of the Receivership Entities, taking or
attempting to take possession, custody, or control of any asset of the Receivership
Entities; or attempting to foreclose, forfeit, alter, or terminate any interest in any asset of
the Receivership Entities, whether such acts are part of a judicial proceeding, are acts of
self-help, or otherwise.
Provided, however, that this Order does not stay: (1) the commencement or
continuation of a criminal action or proceeding; (2) the commencement or continuation of
an action or proceeding by a governmental unit to enforce such governmental unit’s police
or regulatory power; or (3) the enforcement of a judgment, other than a money judgment,
obtained in an action or proceeding by a governmental unit to enforce such governmental
unit’s police or regulatory power.
XXI. TRANSFER OF MONITORED ENTITIES’ PROPERTY TO THE MONITOR
Defendant Robert Chamberlain and any other person with possession, custody or
control of property of, or records relating to, the Monitored Entities shall, upon notice of
this Order by personal service or otherwise, fully cooperate with and assist the Monitor in
taking and maintaining possession, custody, or control of the assets and Documents of
the Monitored Entities and immediately transfer or deliver to the Monitor possession,
custody, and control of, the following:
A. All assets held by or for the benefit of the Monitored Entities;
B. All Documents or assets associated with credits, debits, or charges made on behalf
of any Monitored Entity, wherever situated, including reserve funds held by payment
processors, credit card processors, merchant banks, acquiring banks, independent sales
organizations, third party processors, payment gateways, insurance companies, or other
entities;
C. All Documents of or pertaining to the Monitored Entities;
D. All computers, electronic devices, mobile devices, and machines used to conduct
the business of the Monitored Entities;
E. All assets and Documents belonging to other persons or entities whose interests
are under the direction, possession, custody, or control of the Monitored Entities; and
F. All keys, codes, usernames, and passwords necessary to gain or to secure access
to any assets or Documents of or pertaining to the Monitored Entities, including access
to their business premises, means of communication, accounts, computer systems
(onsite and remote), Electronic Data Hosts, or other property.
XXII. PROVISION OF INFORMATION TO THE MONITOR
Defendant Robert Chamberlain shall provide to the Monitor, unless he has already
done soon pursuant to the TRO, the following:
A. A list of all Documents pertaining to the Monitored Entities’ Earnings Claims and
other representations related to the marketing, advertising, promotion, offer for sale, or
sale of Defendants’ Products, including any such Documents belonging to other persons
or entities whose interests are under the direction, custody, or control, or in the
possession, of the Monitored Entities;
B. A list of all assets and accounts of the Monitored Entities, including assets of the
Monitored Entities that are held in any name other than the name of a Monitored Entity
or by any Person other than a Monitored Entity;
C. A list of all assets and Documents belonging to other Persons whose interests are
under the direction, custody, or control, or in the possession of the Monitored Entities;
D. A list of all locations where Documents of the Monitored Entities are located and
the means to access such Documents within five hours of the Monitor’s request;
E. Access to all Documents of the Monitored Entities including, but not limited to,
books and records of accounts, all financial and accounting records, balance sheets,
income statements, bank records (including monthly statements, canceled checks,
records of wire transfers, and check registers), client lists, title Documents, and other
papers that relate to the practices charged in the Complaint or Defendants’ Products;
F. Access to all computers, electronic devices, mobile devices, and machines, onsite
or remotely, and any cloud account, including specific method to access account (e.g.,
login credentials), electronic file in any medium, or other data in whatever form used to
conduct the business of the Monitored Entities;
G. Copies of all keys, codes, usernames, and passwords necessary to gain or to
secure access to any assets or Documents of the Monitored Entities including, but not
limited to, access to their business premises, means of communication, accounts,
computer systems, or other property;
H. A list of all agents, employees, independent contractors, officers, attorneys,
servants, and those Persons in active concert and participation with the Monitored
Entities, or who have been associated or done business with the Monitored Entities; and
I. A description of any documents covered by attorney-client privilege or attorney
work product, including files where such documents are likely to be located, authors or
recipients of such documents, and search terms likely to identify such electronic
documents.
XXIII. COOPERATION WITH THE MONITOR
Defendants Robert Chamberlain, the Monitored Entities, and their officers, agents,
employees, and attorneys, all other Persons in active concert or participation with any of
them, and all other persons or entities served with a copy of this Order shall fully
cooperate with and assist the Monitor. This cooperation and assistance shall include, but
is not limited to, providing information to the Monitor that the Monitor deems necessary to
exercise the authority and discharge the responsibilities of the Monitor under this Order;
providing any keys, codes, user names, and passwords required to access any
computers, electronic devices, mobile devices, machines, onsite or remotely, and any
cloud account, including specific method to access account, or electronic file in any
medium; informing the Monitor of all Persons who owe money to any Monitored Entity;
transferring funds at the Monitor’s direction; and producing Documents related to the
assets and sales and refunds of the Monitored Entities. The entities obligated to
cooperate with the Monitor under this provision include, but are not limited to, banks,
broker-dealers, savings and loans institutions, escrow agents, title companies,
commodity trading companies, precious metals dealers, credit card processors, payment
processors, merchant banks, acquiring banks, independent sales organizations, third
party processors, payment gateways, insurance companies, and other financial
institutions and depositories of any kind, as well as all common carriers,
telecommunications companies, and third-party billing agents.
XXIV. NON-INTERFERENCE WITH THE MONITOR
Defendant Robert Chamberlain, and his officers, agents, employees, and
attorneys, and all other Persons in active concert or participation with any of them, who
receive actual notice of this Order and any other Person served with a copy of this Order
are hereby preliminarily restrained and enjoined from directly or indirectly:
A. Interfering with the Monitor’s efforts to carry out its duties under the TRO, including
but not limited to interfering with the Monitor’s efforts to review Documents or claims
related to the Monitored Entities’ marketing, advertising, promotion, offer for sale, or sale
of the Defendants’ Products;
B. Transacting any of the business of the Monitored Entities;
C. Destroying, secreting, defacing, transferring, or otherwise altering or disposing of
any Documents of the Monitored Entities;
D. Transferring, receiving, altering, selling, encumbering, pledging, assigning,
liquidating, or otherwise disposing of any assets owned, controlled, or in the possession
or custody of, or in which an interest is held or claimed by, the Monitored Entities; and
E. Refusing to cooperate with the Monitor or the Monitor’s duly authorized agents in
the exercise of their duties or authority under any order of this Court.
XXV. DISTRIBUTION OF ORDER
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC,
Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez,
and Robert Chamberlain shall immediately provide a copy of this Order to each affiliate,
telemarketer, marketer, sales entity, successor, assign, member, officer, director,
employee, agent, independent contractor, client, attorney, spouse, subsidiary, division,
and representative of Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online
Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara
Alvarez, and Robert Chamberlain, and shall, within ten days from the date of entry of this
Order, provide the FTC, the Monitor, and the Receiver with a sworn statement that this
provision of the Order has been satisfied, which statement shall include the names,
physical addresses, phone number, and e-mail addresses of each such Person who
received a copy of the Order. Furthermore, Defendants Vision Online, Inc., Ganadores
IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino,
LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain shall not take any action
that would encourage officers, agents, members, directors, employees, salespersons,
independent contractors, attorneys, subsidiaries, affiliates, successors, assigns, or other
Persons or entities in active concert or participation with them to disregard this Order or
believe that they are not bound by its provisions.
XXVI. EXPEDITED DISCOVERY
Notwithstanding the provisions of Federal Rules of Civil Procedure 26(d), (f) and
30(a)(2)(A)(iii), and pursuant to Rules 30(a), 33, 34, and 45, Plaintiff and the Receiver are
granted leave, at any time after service of this Order, to conduct limited expedited
discovery for the purpose of discovering: (1) the nature, location, status, and extent of
Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision
Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and
Robert Chamberlain’s assets; (2) the nature, location, and extent of Defendants Vision
Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain’s
business transactions and operations, including the nature of any substantiation
Defendants have for any Earnings Claims; (3) Documents reflecting Defendants Vision
Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, LLC,
Vision Online Latino, LLC, Richard Alvarez, Sara Alvarez, and Robert Chamberlain’s
business transactions and operations, including Documents reflecting any substantiation
for any Earnings Claims; and (4) compliance with this Order. The limited expedited
discovery set forth in this Section shall proceed as follows:
A. Plaintiff and the Receiver may take the deposition of parties and non-parties upon
forty-eight hours’ notice. The limitations and conditions set forth in Federal Rules of Civil
Procedure 30(a)(2)(A) and 31(a)(2)(A) regarding subsequent depositions of an individual
or corporation shall not apply to depositions taken pursuant to this Section. Any such
deposition taken pursuant to this Section shall not be counted toward the deposition limit
set forth in Rules 30(a)(2)(A) and 31(a)(2)(A), and depositions may be taken by telephone
or other remote electronic means;
B. Plaintiff and the Receiver may serve upon parties requests for production of
Documents or inspection that require production or inspection within five calendar days
of service, provided, however, that three calendar days of notice shall be deemed
sufficient for the production of any such Documents that are maintained or stored only in
an electronic format;
C. Plaintiff and the Receiver may serve upon parties interrogatories that require
response within five days after service of the interrogatories;
D. Plaintiff and the Receiver may serve subpoenas upon non-parties that direct
production or inspection within five calendar days of service;
E. Service of discovery taken pursuant to this Section shall be sufficient if made by
facsimile, e-mail, or by personal or overnight delivery;
F. Any expedited discovery taken pursuant to this Section is in addition to, and is not
subject to, the limits on discovery set forth in the Federal Rules of Civil Procedure and the
Local Rules of this Court. The expedited discovery permitted by this Section does not
require a meeting or conference of the parties, pursuant to Rules 26(d) and (f); and
G. The parties are exempted from making initial disclosures pursuant to Rule 26(a)(1)
until further order of this Court.
XXVII. SERVICE OF THIS ORDER
Copies of this Order may be served by any means, including facsimile
transmission, e-mail or other electronic messaging, personal or overnight delivery, United
States Mail or FedEx, by agents and employees of the FTC, by any law enforcement
agency, or by private process server, upon any Defendant or any Person, including any
financial institution, that may have possession, custody, or control of any asset or
Document of Defendants Vision Online, Inc., Ganadores IBR, Inc., Vision Online Digital,
LLC, Vision Online English, LLC, Vision Online Latino, LLC, Richard Alvarez, Sara
Alvarez, and Robert Chamberlain, or that may be subject to any provision of this Order
pursuant to Federal Rule of Civil Procedure 65(d)(2). For purposes of this Section,
service upon any branch, subsidiary, affiliate, or office of any entity shall effect service
upon the entire entity. This Order shall bind Persons that may be subject to any provision
of this Order pursuant to Rule 65(d)(2) upon such Person’s receipt of actual notice, by
personal service or otherwise, of this Order.
XXVIII. CORRESPONDENCE AND SERVICE ON THE FTC
For the purpose of this Order, all correspondence and service of pleadings on the
FTC shall be addressed to:
Virginia G. Rosa, Attorney
J. Ronald Brooke, Jr., Attorney
Federal Trade Commission
600 Pennsylvania Ave., NW, CC-8528
Washington, DC 20580
202-326-3068 (Rosa)
202-326-3484 (Brooke)
vrosa@ftc.gov
jbrooke@ftc.gov
XXIX. DURATION OF THE ORDER
This Order shall remain in full force and effect until the entry of a final judgment
adjudicating all the claims and all the parties’ rights and liabilities unless sooner modified
or dissolved.
DONE AND ORDERED in Orlando, Florida on July 18, 2023.
Copies furnished to:
Counsel of Record
Unrepresented Party