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S&S Worldwide, Inc. v. Siriya Logistics
United States District Court, S.D. Texas, Houston Division
November 15, 2017
S&S WORLDWIDE, INC., Plaintiff
SIRIYA LOGISTICS, BROGSEK LOGISTICS, and JOHN DOE, Defendants
ORDER GRANTING PLAINTIFF'S MOTION FOR EX PARTE
TEMPORARY RETAINING ORDER AND IMMEDIATE LIMITED
Court, having considered Plaintiffs Verified Complaint and
Demand for Temporary and Permanent Injunctive Relief and
exhibits, the Certification of David M. Stauss, and
Plaintiffs Motion for Ex Parte Temporary Restraining
Order and Immediate Limited Discovery, hereby finds as
1. Plaintiff S&S Worldwide, Inc. attempted to wire $1,
287, 795 to Rocky Mountain Amusements, Inc. to pay an invoice
issued by Rocky Mountain.
2. During email discussions between S&S and Rocky
Mountain, Defendant John Doe, surreptitiously inserted
himself into the email dialogue, posing as an employee of
Rocky Mountain. John Doe then provided S&S with the Wells
Fargo bank account number of Aeron Inc. (hereinafter
"Wells Fargo Account"), rather than Rocky
Mountain's account number, and asked S&S to wire the
funds into the Wells Fargo Account. S&S, believing it was
paying Rocky Mountain, wired $1, 287, 795 to the Wells Fargo
Account (the "Funds").
3. On November 6, 2017, S&S and Rocky Mountain discovered
the fraud committed by John Doe and, on November 8, 2017,
S&S retained a law firm to conduct an investigation. As
part of its investigation, the firm contacted Ron Kuntz, the
owner of Aeron Inc. (the holder of the Wells Fargo Account).
4. On November 10, 2017, Kuntz confirmed to counsel for
S&S that he had received the Funds by wire transfer and
that Aeron Inc. was the owner of the Wells Fargo Account.
According to Kuntz, he believed that he had been retained by
"Kam Cheong Plastic Factory Limited" to facilitate
a wire transfer of $1, 600, 000 from "S Worldwide"
(not S&S Worldwide) to Kam Cheong to pay for a
"Longliner with Fish Processing Factory on Board"
vessel that S Worldwide allegedly purchased. On November 11,
2017, Kuntz provided documents related to his alleged
engagement with Kam Cheong to counsel for S&S.
5. The documents provided by Kuntz show that on October 23,
2017, Kuntz requested an outgoing wire transfer of $357, 000
from the Funds then in the Wells Fargo Account to Defendant
Brogsek Logistics. The transfer was made to Brogsek
Logistics's account number ending in 7063 at ZB NA dba
Amegy Bank (the "Amegy Bank Account"). The address
provided on the wire transfer for Brogsek Logistics is 2312
Westerland Drive, Unit 52, Houston, Texas 77063.
6. The documents provided by Kuntz also show that on October
25, 2017, Kuntz requested an outgoing wire transfer of $395,
700 from the Funds remaining in the Wells Fargo Account to
Defendant Siriya Logistics. That transfer was made to Siriya
Logistics's account number ending in 6634 at Bank of
America, N.A (the "BOA Bank Account"). The address
provided on the wire transfer for Siriya Logistics is 14015
Merganser Drive, Houston, Texas 77047.
7. S&S did not authorize the two wire transfers of Funds
from the Wells Fargo Account. S&S has taken all possible
steps to stop/recall those transfers, including contacting
its bank, Wells Fargo, Kuntz, and the Federal Bureau of
8. S&S has satisfied the elements necessary for issuance
of a temporary restraining order. S&S has established
that it is likely to succeed on the merits of its claims for
violation of the Computer Fraud and Abuse Act, 18 U.S.C.
§ 1030, conversion, civil theft, and unjust enrichment.
9. S&S also has established irreparable harm because not
issuing a temporary restraining order will hinder
S&S's attempts to recover the Funds, hinder ongoing
law enforcement efforts, and potentially lead to other
entities being similarly victimized. The balance of equities
and the public interest also favor issuing a temporary
restraining order. In particular, the Certification of David
M. Stauss, establishes that John Doe is continuing his
illegal hacking efforts and that the Amegy and Bank of
America Bank Accounts may be used as part of those efforts.
10. Defendants should not be provided notice prior to issuing
this temporary restraining order. Siriya Logistics and
Brogsek Logistics are not registered with the State of Texas
and do not appear in online searches. Therefore, it does not
appear that those entities are ongoing businesses. Further,
S&S would suffer immediate and irreparable injury, loss,
or damage if the temporary restraining order did not issue
before Defendants could be heard in opposition. Notice of
this proceeding would give Defendants the incentive and
opportunity to transfer any funds currently in the subject
accounts to accounts that may be beyond S&S's reach,
thereby furthering the underlying crime.
on these findings, IT IS HEREBY ORDERED as follows:
1. Defendants Siriya Logistics, Brogsek Logistics, and John
Doe, and their officers, directors, agents, representatives,
successors or assigns, and all persons acting in concert or
in participation with any of them, including, but not limited
to, any banks, savings and loan associations, credit unions,
merchant acquiring banks, financial institutions or other
companies or agencies that engage in the processing or
transfer of money, who receive actual notice of this order by
personal service or otherwise are, without prior approval of
the Court, temporarily restrained and enjoined from
transferring, disposing of, or secreting any money, stocks,
bonds, or other assets of the Defendants out of the Amegy
Bank Account or BOA Bank Account and any other account at
such institutions held in the name of Siriya Logistics or
2. The relief provided in paragraph 1 will expire 14 days
after the date and hour the ...
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