Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 1 of 7

1 Danielle E. Karst (D.C. Bar No. 481881)

Timothy J. Mulreany (Maryland Bar No. 8812160123)
2 COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre
3 1155 21st Street, N.W.
Washington, D.C. 20581
4 Telephone: (202) 418-6158 (Karst)
Telephone: (202) 418-5306 (Mulreany)
5 Facsimile: (202) 418-5523
dkarst@cftc.gov
6 tmulreany@cftc.gov
UNITED STATES DISTRICT COURT
7 DISTRICT OF NEVADA
8
9 COMMODITY FUTURES TRADING Case No. 2:19-cv-1697-JAD-DJA
COMMISSION,
10 Plaintiff, PLAINTIFF CFTC’S MOTION FOR FEES
AND EXPENSES CAUSED BY
11 v. DEFENDANTS’ CONTEMPT
12
DAVID GILBERT SAFFRON
13 a/k/a DAVID GILBERT and
CIRCLE SOCIETY, CORP.,
14
Defendants.
15
Plaintiff Commodity Futures Trading Commission (“Commission” or “CFTC”)
16

17 respectfully moves the Court for attorneys’ fees and expenses, pursuant to the Court’s Civil

18 Contempt Order (“Contempt Order,” ECF No. 51) against Defendants David Gilbert Saffron

19 (“Saffron”) and Circle Society, Corp. (“Circle Society”) (collectively, “Defendants”) and
20 instructions at the January 24, 2020 contempt hearing. This Motion arises from Defendants’
21
multiple, unjustified, and continuous violations of the Court’s October 3, 2019 Temporary
22
Restraining Order (“TRO,” ECF No. 9) and December 6, 2019 Preliminary Injunction Order (“PI
23
Order,” ECF No. 31), including “failing to provide an accounting of their assets” and “refusing
24

25 to permit inspection and copying of their books and records.” Contempt Order at p. 5, ECF No.

26 51. The Court found that the “CFTC has established by clear and convincing evidence that

27

28
1
 Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 2 of 7

Saffron and Circle Society have violated multiple terms and conditions of the injunction order
1

2 and that the CFTC is entitled to relief in the form of coercive sanctions against each defendant.”

3 Contempt Order at pp. 1-2, ECF No. 51. As described in more detail below and in the

4 supporting Declaration and Compensatory Damages Worksheet attached hereto, Plaintiff

5 incurred significant fees and expenses in demanding compliance with the TRO and PI Order,
6
collecting evidence of the violations, preparing show-cause motions, and participating in three
7
hearings before the Court. Plaintiff requests fees and expenses totaling $14,279.30. The amount
8
of fees and expenses are reasonable and justified in light of Defendants’ continuing disobedience
9

10 of this Court’s lawful orders, which have made discovering the full extent of Defendants’ fraud

11 more difficult and ultimately more expensive and time consuming for Plaintiff.

12 I. FACTUAL BACKGROUND
13
As a result of Defendants’ violations of the Court’s TRO and PI Order:
14
(1) Plaintiff was required to expend significant time and resources over a period
15 of nearly four months in an attempt to obtain Defendants’ compliance, including
making multiple demands on Defendants to comply and sending emails to
16 Defendants and Circle Society’s former counsel regarding their obligations to
comply, among other things;
17

18 (2) Plaintiff filed two show-cause motions to address Defendants’ violations; 1

19 (3) Plaintiff prepared for and traveled from Washington, D.C. to Las Vegas,
Nevada to participate in three hearings to address Defendants’ contempt; 2 and
20

21
1
See Motion for Issuance of an Order to Show Cause as to Why Defendant Circle Society
22 Should Not Be Held in Civil Contempt for Violation of the Court’s October 3, 2019 TRO
(“Show Cause Motion I,” ECF No. 24); Motion for Issuance of Order to Show Cause as to
23
Why Defendants David Saffron and Circle Society Should Not Be Held in Civil Contempt for
24 Violations of the Court’s December 6, 2019 PI Order (“Show Cause Motion II,” ECF No. 40).

25 2
See Minutes of Proceedings (Dec. 2, 2019), ECF No. 30; Minutes of Proceedings (Jan. 10,
26 2020), ECF No. 47; Minutes of Proceedings (Jan. 24, 2020), ECF No. 53; CFTC’s
Compensatory Damages Worksheet, attached to Declaration of Danielle Karst in support of
27 this Motion.

28
2
 Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 3 of 7

1 (4) Plaintiff expended further time and resources to prepare this Motion for
2 Attorneys’ Fees and Expenses, including reviewing and calculating (and
substantially reducing) timesheets, conducting legal research, and preparing the
3 appropriate attorney affidavit and compensatory damages worksheet in support of
this Motion.
4
There have been three Court hearings in connection with Defendants’ contempt. On
5

6 December 2, 2019, the Court held a motion hearing, converted the TRO to a PI Order, heard

7 representations regarding Plaintiff’s Show Cause Motion I, and continued the show-cause

8 hearing. Minutes of Proceedings, ECF No. 30. Saffron, the sole corporate officer of Circle
9
Society, did not appear at the December 2, 2019 hearing. On January 10, 2020, the Court held a
10
show-cause hearing, heard representations regarding Plaintiff’s Show Cause Motion II, and
11
issued an Order granting Plaintiff’s Show Cause Motion II. 3 Minutes of Proceedings, ECF No.
12
47; Order, ECF No. 48 (ordering Defendants to appear and show cause on January 24, 2020).
13

14 On January 24, 2020, Saffron appeared at the hearing and “offered excuses and promises, but he

15 failed to show cause why he and Circle Society should not be held in contempt for violating the
16 PI Order.” Contempt Order at p. 4, ECF No. 51. At the contempt hearing, Plaintiff requested
17
compensatory damages incurred in the investigation and prosecution of Defendants’ contempt.
18
The Court stated that it would entertain a motion by Plaintiff for such damages.
19
II. ARGUMENT
20

21 The Court has “inherent power to enforce compliance with [its] lawful orders through

22 civil contempt.” Shillitani v. United States, 384 U.S. 364, 368 (1966) (civil contemnors are

23

24

25 3
At the January 10, 2020 hearing, the Court determined that Plaintiff’s Show Cause Motion I
26 was moot given that the TRO had been converted to a PI Order. See Tr. Show Cause Hearing
Jan. 10, 2020 at 8:13-24 (ECF No. 50). Defendants never complied with the TRO provisions
27 requiring access to Defendants’ documents.

28
3
 Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 4 of 7

imprisoned only until they comply with the orders of the court and “carry ‘the keys of their
1

2 prison in their own pockets’”) (quoting In re Nevitt, 117 F. 448, 461 (9th Cir. 1902)). Civil

3 contempt sanctions serve “to coerce obedience to a court order, or to compensate the party

4 pursing the contempt action for injuries resulting from the contemptuous behavior.” CFTC v.
5 Emerald Worldwide Holdings, 2:03-cv-8339, 2004 WL 3186580, at *2 (C.D. Cal. July 29, 2004)
6
(quoting General Signal v. Donallco, Inc., 787 F.2d 1376, 1380 (9th Cir. 1986)).
7
A district court has broad authority to fashion appropriate relief in civil contempt
8
proceedings, so long as that relief is reasonably calculated to compel obedience with a prior court
9

10 order. See McComb v. Jacksonville Paper Co., 336 U.S. 187, 193 (1949) (“The measure of the

11 court’s power in civil contempt proceedings is determined by the requirements of full remedial

12 relief.”); see also Perry v. O’Donnell, 759 F.2d 702, 704-05 (9th Cir. 1985) (finding a court may
13
award attorney’s fees and expenses to the prevailing party in civil contempt actions without a
14
showing of willfulness). Among those equitable powers a court inherently possesses to compel
15
compliance with its orders is the authority to “award fees and expenses in civil contempt.”
16
Innovation Ventures, LLC v. Distrib., Inc., 8:12-cv-00717, 2015 WL 5319815, at *2 (C.D. Cal.
17

18 Apr. 29, 2015) (citing Perry v. O’Donnell, 759 F.2d at 706); see also Sheet Metal Workers Int’l

19 Ass’n v. EEOC, 478 U.S. 421, 444, n. 23 (1986) (noting award of attorney fees and expenses
20 compensated litigant for other party’s contemptuous conduct). It is also well settled that such
21
awards may be made not only to private plaintiffs but to governmental agencies as well. CFTC
22
v. Premex, Inc., 655 F.2d 779, 786 (7th Cir. 1981).
23
Courts in similar cases have awarded compensatory damages to the CFTC for contempt
24

25 proceedings. See, e.g., Emerald Worldwide Holdings, 2004 WL 3186580, at *11 (finding

26 defendants in contempt for TRO violations and awarding compensatory damages for expenses

27

28
4
 Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 5 of 7

and attorneys’ fees incurred in investigation and prosecution of contempt); CFTC v. Premex,
1

2 Inc., 655 F.2d at 786 (affirming award of fees and expenses to CFTC for costs of prosecuting

3 contempt proceedings following violation of injunction; “limited relief was compensatory rather

4 than punitive and was well within the discretion of the district court”); CFTC v. Sirras, 1984
5 Comm. Fut. L. Rep. (CCH) ¶ 22,103 (S.D.N.Y. April 25, 1984) (granting CFTC’s request for
6
attorney’s fees and costs in connection with contempt proceeding even though court did not find
7
defendant in contempt).
8
The fees and expenses that Plaintiff seeks are limited to those incurred in demanding
9

10 Defendants’ compliance with the TRO and PI Order, collecting evidence of the violations,

11 preparing two show-cause motions, and participating in three hearings before the Court to

12 address Defendants’ violations. In calculating the fees incurred, Plaintiff is claiming only
13
twenty-four (24) hours in connection with each court hearing, which includes the day prior to the
14
hearing, the day of the hearing, and the day following the hearing. 4 See Declaration of Danielle
15
Karst in Support of Plaintiff’s Motion for Fees and Expenses and Compensatory Damages
16
Worksheet, attached as Exhibit 1. Plaintiff substantially reduced the total number of hours spent
17

18 in bringing its two show-cause motions and preparing for and attending the three court hearings.

19 Plaintiff also requests reasonable expenses incurred in traveling from Washington, D.C. to Las
20 Vegas, Nevada, for the three hearings in connection with Defendants’ contempt. See id. Here,
21
there is ample evidence on the record that Defendants engaged in sufficiently unreasonable and
22
burdensome conduct to warrant the imposition of attorneys’ fees and expenses.
23

24
4
As explained in the Declaration of Danielle Karst, CFTC Trial Attorney Karst attended all
25 three hearings, and CFTC Investigator George Malas attended the December 2, 2019 hearing.
26 Accordingly, the CFTC requests: (1) seventy-two (72) hours of attorney time in connection
with three hearings at a value of $6,840; and (2) twenty-four (24) hours of investigator time in
27 connection with the December 2, 2019 hearing at a value of $1,937.28.

28
5
 Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 6 of 7

CONCLUSION
1

2 For the foregoing reasons, Plaintiff requests that the Court grant its motion and issue

3 an order requiring Defendants to compensate Plaintiff for its fees and expenses incurred due

4 to Defendants’ contempt.
5 Dated: January 31, 2020 Respectfully submitted,
6
By: /s/ Danielle E. Karst
7 Danielle E. Karst
Timothy J. Mulreany
8 COMMODITY FUTURES TRADING
COMMISSION
9 Three Lafayette Centre
1155 21st Street, N.W.
10 Washington, D.C. 20581
Telephone: (202) 418-5000
11 Facsimile: (202) 418-5523

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
6
 Case 2:19-cv-01697-JAD-DJA Document 56 Filed 01/31/20 Page 7 of 7

CERTIFICATE OF SERVICE
1

2 I certify that on January 31, 2020, I filed a copy of the foregoing Plaintiff CFTC’s Motion For Fees

3 and Expenses Caused By Defendants’ Contempt with the Clerk of the Court using the CM/ECF system. I

4 also certify that on January 31, 2020, I sent hard copies of the same to Defendants David Gilbert Saffron
5 and Circle Society, Corp. via U.S. Postal Service First-Class mail and electronic mail at the
6
following addresses:
7
David Gilbert Saffron
8
Los Angeles, CA
9
via (1)USPS First-Class Mail; and (2) Electronic Mail to:
10 davidsaffron@live.com; oversight2019@gmail.com

11 Circle Society, Corp.

c/o David Saffron or Marc Jenson
12 2450 St. Rose Parkway, Suite 120
Henderson, NV 89074
13
via (1)USPS First-Class Mail; and (2) Electronic Mail to:
14 Mjenson1960@gmail.com
davidsaffron@live.com; oversight2019@gmail.com
15

16 /s/Danielle Karst
Danielle Karst
17

18

19

20

21

22

23

24

25

26

27

28
Case 2:19-cv-01697-JAD-DJA Document 56-1 Filed 01/31/20 Page 1 of 7

Exhibit 1
Declaration of Danielle E. Karst and CFTC’s
Compensatory Damages Worksheet
 Case 2:19-cv-01697-JAD-DJA Document 56-1 Filed 01/31/20 Page 2 of 7

1 Danielle E. Karst (D.C. Bar No. 481881)

Timothy J. Mulreany (Maryland Bar No. 8812160123)
2 COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre
3 1155 21st Street, N.W.
Washington, D.C. 20581
4 Telephone: (202) 418-6158 (Karst)
Telephone: (202) 418-5306 (Mulreany)
5 Facsimile: (202) 418-5523
dkarst@cftc.gov
6 tmulreany@cftc.gov
UNITED STATES DISTRICT COURT
7 DISTRICT OF NEVADA
8
9 COMMODITY FUTURES TRADING Case No. 2:19-cv-1697-JAD-DJA
COMMISSION,
10 Plaintiff, DECLARATION OF DANIELLE KARST
IN SUPPORT OF PLAINTIFF’S MOTION
11 v. FOR FEES AND EXPENSES CAUSED BY
DEFENDANTS’ CONTEMPT
12
DAVID GILBERT SAFFRON
13 a/k/a DAVID GILBERT and
CIRCLE SOCIETY, CORP.,
14
Defendant.
15
I, Danielle E. Karst, hereby declare as follows:
16

17 1. I am counsel for Plaintiff Commodity Futures Trading Commission (“Plaintiff” or

18 “CFTC”) in this action and have personal knowledge of the facts stated herein.

19 2. I submit this Declaration to verify and claim fees and expenses incurred by the
20 CFTC in connection with the contempt of Defendants David Saffron (“Saffron”) and Circle
21
Society, Corp. (“Circle Society”).
22
3. The CFTC filed two motions in order to address Defendants’ failures to comply
23
with the Court’s October 3, 2019 Temporary Restraining Order (“TRO,” ECF No. 9) and
24

25 December 6, 2019 Preliminary Injunction Order (“PI Order,” ECF No. 31): Motion for Issuance

26 of an Order to Show Cause as to Why Defendant Circle Society Should Not Be Held in Civil

27

28
1
 Case 2:19-cv-01697-JAD-DJA Document 56-1 Filed 01/31/20 Page 3 of 7

Contempt for Violation of the Court’s October 3, 2019 TRO (“Show Cause Motion I,” ECF No.
1

2 24), and Motion for Issuance of Order to Show Cause as to Why Defendants David Saffron and

3 Circle Society Should Not Be Held in Civil Contempt for Violations of the Court’s December 6,

4 2019 Preliminary Injunction Order (“Show Cause Motion II,” ECF No. 40).
5 4. In connection with the CFTC’s Show Cause Motions I and II, CFTC Investigator
6
George H. Malas and I expended time and the CFTC incurred expenses in investigating whether
7
Defendants violated this Court’s TRO and PI Order, collecting evidence of the violations, and
8
preparing for and participating in three hearings before the Court. 1 See Minutes of Proceedings,
9

10 ECF Nos. 30, 47, 53.

11 5. I expended seventy-two (72) hours of attorney time at a value of $6,840 in

12 connection with the CFTC’s Show Cause Motions I and II for Defendants’ contempt. To
13
calculate this value, I multiplied the number of attorney hours worked by the hourly rate the
14
CFTC expends for my work time. 2 Although I spent hundreds of hours making demands on
15
Defendants to comply with the TRO and PI Order, conducting legal research, and drafting the
16
Show Cause Motions I and II, the CFTC is requesting only seventy-two (72) hours for my work
17

18 in connection with Defendants’ contempt, which includes the day prior to each court hearing, the

19 day of each court hearing, and the day following each hearing. See CFTC’s Compensatory
20 Damages Worksheet, attached to this Declaration. The following is a description of work I
21
performed in connection with the CFTC’s Show Cause Motions I and II:
22

23 1
There were three court hearings in connection with Defendants’ contempt: December 2,
24 2019, January 10, 2020, and January 24, 2020. CFTC Investigator George H. Malas prepared
for and attended the first hearing on December 2, 2019. I prepared for and attended all three
25 hearings in connection with Defendants’ contempt.
26 2
My hourly rate is $95 per hour, which is calculated by dividing my annual gross salary by
27 2087 work hours per year.

28
2
 Case 2:19-cv-01697-JAD-DJA Document 56-1 Filed 01/31/20 Page 4 of 7

a. Prepared for and traveled to/from Las Vegas, NV for December 2, 2019 hearing:
1 Reviewed documents, case law, newly-filed motion by defense counsel and order
2 (ECF Nos. 28, 29), and Show Cause Motion I; attended hearing . . . . . . . . . . 24 hours

3 b. Prepared for and traveled to/from Las Vegas, NV for January 10, 2020 hearing:
Reviewed documents, case law, correspondence from Defendant, and Show Cause
4 Motion II; attended hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
5 c. Prepared for and traveled to/from Las Vegas, NV, for January 24, 2020 hearing:
6 Reviewed documents, case law, and Show Cause Motion II; drafted proposed
contempt order with recommended sanctions; attended hearing . . . . . . . . . . . 24 hours
7
6. CFTC Investigator George H. Malas expended twenty-four (24) hours of
8
investigator time at a value of $1,937.28 in connection with the CFTC’s Show Cause Motion I
9

10 for Defendants’ contempt. To calculate this value, he multiplied the number of investigator

11 hours worked by the hourly rate the CFTC expends for his work time. 3 Although Mr. Malas

12 spent over one-hundred (100) hours, investigating, collecting evidence, and reviewing customer
13
correspondence, the CFTC is requesting only twenty-four (24) hours for his work in connection
14
with Defendants’ contempt, which includes the day prior to the December 2, 2019 court hearing,
15
the day of the December 2, 2019 court hearing, and the day following the December 2, 2019
16
hearing. See CFTC’s Compensatory Damages Worksheet, attached to this Declaration. The
17

18 following is a description of work CFTC Investigator Malas performed in connection with the

19 CFTC’s Show Cause Motion I:

20 Prepared for and traveled to/from Las Vegas, NV, for December 2, 2019 hearing:
21 Reviewed documents, customer correspondence, newly-filed motion by defense
counsel and order (ECF Nos. 28, 29); attended hearing . . . . . . . . . . . . . . . . . 24 hours
22
7. The CFTC incurred travel expenses of $5,502.02 in connection with the
23
December 2, 2019, January 10, 2020, and January 24, 2020 hearings on its Show Cause Motions
24

25

26 3
Mr. Malas’ hourly rate is $80.72 per hour, which is calculated by dividing his annual gross
27 salary by 2087 work hours per year.

28
3
 Case 2:19-cv-01697-JAD-DJA Document 56-1 Filed 01/31/20 Page 5 of 7

I and II for Defendants’ contempt. See CFTC’s Compensatory Damages Worksheet, attached to
1

2 this Declaration. The following is an itemization of those expenses:

3 December 2, 2019 Hearing

4 a. Round trip airfare between Washington, D.C. and Las Vegas, Nevada for Danielle
Karst and George Malas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,359.19
5

6 b. Lodging for Danielle Karst and George Malas for the nights of December 1-2, 2019
in Las Vegas, Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $787.24
7
c. Government per diem allowance for Danielle Karst and George Malas for December
8 1-3, 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $366.00
9
d. Taxis in Washington, D.C. and Las Vegas, Nevada for December 1-3, 2019
10 (including to/from airports and courthouse) . . . . . . . . . . . . . . . . . . . . . . . . . . . $311.63

11 January 10, 2020 Hearing

12 a. Round trip airfare between Washington, D.C. and Las Vegas, Nevada for Danielle
Karst . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $604.60
13

14 b. Lodging for Danielle Karst for the nights of January 9-10, 2020 in Las Vegas, Nevada
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $333.54
15
c. Government per diem allowance for Danielle Karst for January 9-11, 2020 . . . . . . . . .
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $152.50
17
d. Taxis in Washington, D.C. and Las Vegas, Nevada for January 9-11, 2020 (including
18 to/from airports and courthouse) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $149.01

19 January 24, 2020 Hearing

20 a. Round trip airfare between Washington, D.C. and Las Vegas, Nevada for Danielle
21 Karst . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $730.78

22 b. Lodging for Danielle Karst for the nights of January 23-24, 2020 in Las Vegas,
Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $414.21
23
c. Government per diem allowance for Danielle Karst for January 23-25, 2020 . . . . . . . .
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $152.50
25
d. Taxis in Washington, D.C. and Las Vegas, Nevada for January 23-25, 2020
26 (including to/from airports and courthouse) . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.82

27

28
4
 Case 2:19-cv-01697-JAD-DJA Document 56-1 Filed 01/31/20 Page 6 of 7

1 8. Based on the above-listed fees and expenses, the CFTC claims a total amount of
2
$14,279.30 as compensatory damages for Defendants’ failures to comply with this Court’s
3
October 3, 2019 TRO and December 6, 2019 PI Order.
4
I declare under penalty of perjury that the foregoing is true and correct.
5

6 Executed on January 31, 2020.

7 /s/ Danielle E. Karst

8 .
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
5
 STAFF HOURS WORKED CALCULATION
EMPLOYEE DATES HOURS WORKED VALUE DESCRIPTION

Time spent preparing for and attending the

TC Investigator December 2, 2019 Court Hearing re: the CFTC's
12/1/2019 - 12/3/2019 24 $1,937.28
eorge Malas Motion for Issuance of Order to Show Cause,
ECF No. 24 (Show Cause Motion I)

Time spent preparing for and attending the

December 2, 2019 Court Hearing re: the CFTC's
12/1/2019 - 12/3/2019 24 $2,280.00
Motion for Issuance of Order to Show Cause,
ECF No. 24 (Show Cause Motion I)

C Trial Attorney Time spent preparing for and attending the

anielle Karst January 10, 2020 Court Hearing re: the CFTC's
1/9/2020 - 1/11/2020 24 $2,280.00
Motion for Issuance of Order to Show Cause,
ECF No. 40 (Show Cause Motion II)
Time spent preparing for and attending the
1/23/2020 - 1/25/2020 24 $2,280.00 January 24, 2020 Contempt Hearing, ECF Nos.
40, 48
TOTAL 96 $8,777.28

STAFF TRAVEL COST CALCULATION

EMPLOYEE TRAVEL DATES EXPENSE COST DESCRIPTION
Airfare $754.59
Travel from Washington, DC to Las Vegas, NV
Lodging $386.12
TC Investigator for the December 2, 2019 Court Hearing re: the
12/1/2019 - 12/3/2019 Per Diem $152.50
eorge Malas CFTC's Motion for Issuance of Order to Show
Taxis $175.89
Cause, ECF No. 24 (Show Cause Motion I)
Subtotal $1,469.10

Airfare $604.60
Travel from Washington, DC to Las Vegas, NV
Lodging $401.12
for the December 2, 2019 Court Hearing re: the
12/1/2019 - 12/3/2019 Per Diem $213.50
CFTC's Motion for Issuance of Order to Show
Taxis $135.74
Cause, ECF No. 24 (Show Cause Motion I)
Subtotal $1,354.96

Airfare $604.60
Travel from Washington, DC to Las Vegas, NV
Lodging $333.54
C Trial Attorney for the January 10, 2020 Court Hearing re: the
1/9/2020 - 1/11/2020 Per Diem $152.50
anielle Karst CFTC's Motion for Issuance of Order to Show
Taxis $149.01
Cause, ECF No. 40 (Show Cause Motion II)
Subtotal $1,239.65

Airfare $730.78
Lodging $414.21 Travel from Washington, DC to Las Vegas, NV
1/23/2020 - 1/25/2020 Per Diem $152.50 for the January 24, 2020 Contempt Hearing, EC
Taxis $140.82 Nos. 40, 48
Subtotal $1,438.31

TOTAL $5,502.02
GRAND TOTAL $14,279.30
 Case 2:19-cv-01697-JAD-DJA Document 56-2 Filed 01/31/20 Page 1 of 2

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3
COMMODITY FUTURES TRADING Case No. 2:19-cv-1697-JAD-DJA
4 COMMISSION,

5 Plaintiff,

6 v.

7 DAVID GILBERT SAFFRON

a/k/a DAVID GILBERT and
8 CIRCLE SOCIETY, CORP.,
9 Defendants.
10 [PROPOSED] ORDER GRANTING PLAINTIFF CFTC’S MOTION FOR FEES AND
11 EXPENSES CAUSED BY DEFENDANTS’ CONTEMPT

12 This matter comes before the Court on Plaintiff Commodity Futures Trading

13 Commission’s (“Commission” or “CFTC”) Motion for Fees and Expenses Caused By

14 Defendants’ Contempt (ECF No. 56).
15
Good cause appearing, the Court ORDERS as follows:
16
1. Defendants Saffron and Circle Society shall:
17
A. Within ten (10) days after service of this Order, pay to the CFTC $8,777.28 in fees
18

19 and $5,502.02 in expenses, totaling $14,279.30 USD in compensatory damages. The

20 money shall be sent by U.S. postal money order, certified check, bank cashier’s

21 check, or bank money order, made payable to the Commodity Futures Trading
22
Commission and sent to the address below:
23
MMAC/ESC/AMK326
24 Commodity Futures Trading Commission
Division of Enforcement
25 6500 S. MacArthur Blvd.
HQ Room 181
26
Oklahoma City, OK 73169
27 (405) 954-6569 (office)

28
1
 Case 2:19-cv-01697-JAD-DJA Document 56-2 Filed 01/31/20 Page 2 of 2

(405) 954-1620 (fax)

1 9-AMC-AR-CFTC@faa.gov
2
If payment is made by electronic funds transfer, Defendants shall contact Marie
3 Thorne or her successor at the above address to receive payment instructions and
shall fully comply with those instructions. Defendants shall accompany payment
4 with a cover letter that identifies Defendants and the name and docket number of
this proceeding. Defendants shall simultaneously transmit copies of the cover
5 letter and the form of payment to the Chief Financial Officer, Commodity Futures
6 Trading Commission, Three Lafayette Centre, 1155 21st St., N.W., Washington,
D.C. 20581.
7
IT IS FURTHER ORDERED that:
8
2. If Defendants fail to comply with this Order, the Court will consider imposing additional
9

10 coercive sanctions upon Defendants.

11
IT SO ORDERED:
12
___________________________________
13
UNITED STATES DISTRICT JUDGE
14 DATED: _________________________
15

16

17

18

19

20

21

22

23

24

25

26

27

28
2