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United States v. Americanway Management Corp.

United States District Court, W.D. Wisconsin

April 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
AMERICANWAY MANAGEMENT CORPORATION and JANIS NOWAK, Defendants.

          ORDER APPOINTING A RECEIVER

          James D. Peterson United States District Judge.

         This matter has come before the Court upon the Motion for Contempt filed by the United States. (Dkt. 7.) The Court issued an Order of Contempt holding defendants AmericanWay Management Corporation (hereinafter, “AmericanWay”) and Janis Nowak in contempt on April 20, 2017. (Dkt. 18.) As a sanction for the defendants' civil contempt and pursuant to 26 U.S.C. § 7402(a), the Court will appoint a receiver to assume financial control of both AmericanWay and the assisted living facilities owned and operated by Nowak (the “Assisted Living Facilities” and, together with AmericanWay, the “Businesses”) on a limited basis and in compliance with the terms of this Order.

         Accordingly, it is hereby ORDERED that:

         1. Rebecca R. DeMarb, of Sweet DeMarb LLC, is appointed as the Receiver of the Businesses on a limited basis as set forth herein. The Receiver shall have the authority and duties set forth in this Order.

         Purpose of Receivership

         2. The Receiver is appointed for the sole purpose of assisting and effecting the Businesses' compliance with the Consent Judgment and Stipulated Order of Permanent Injunction (Dkt. 6). All of the Receiver's and the Businesses' duties and responsibilities, as enumerated below, are to be interpreted and carried out in light of that sole purpose.

         Receiver's Authority and Access

         3. The Receiver shall have immediate access and control over the Businesses' books and records including, but not limited to, journals, ledgers, bank statements, checkbooks, check registers, financial statements, invoices, receipts, contracts, payroll records, tax returns and forms, and any electronically-stored records, such as those created using QuickBooks or other computer programs. Each and every person having possession, custody or control of the Businesses' books and records as set forth herein shall turnover access and control of the same to the Receiver.

         4. The Receiver shall have immediate access and control over the keys and codes (including passwords and security codes) necessary to gain or secure access to any of the Businesses' assets or documents, information, or computer programs, including but not limited to, access to the Businesses' premises, communications systems, online banking accounts, computer systems, QuickBooks, and other programs, systems, tools, or property. Each and every person having possession, custody or control of the Businesses' property as set forth herein shall immediately turnover information necessary to provide the Receiver with such access.

         5. Each and every person with relevant information and documents of the Businesses shall cooperate with the Receiver in furtherance of her duties set forth in this Order.

         6. The Receiver may delegate her duties under this Order to the staff at Sweet DeMarb LLC and such staff persons, acting under the Receiver's supervision, shall have the same authority and cooperation from Nowak, AmericanWay, the Assisted Living Facilities, and the employees thereof as the Receiver under this Order.

         7. The Receiver may employ accountants, legal counsel, and other professionals to discharge her duties under this Order. Such professionals shall be reasonably compensated for any services provided in the normal course of business at a rate no higher than that charged by the Receiver, subject to review and approval by the Court.

         8. Any compensation paid from the Businesses to Nowak shall be made upon the approval of the Receiver and shall be paid only subject to cash availability.

         9. The Receiver shall have the powers and authorities necessary to discharge her duties under this Order even if such powers and authorities were not specifically listed in this Order. Should Nowak or the Businesses contest the proposed exercise of ...


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