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Pimper v. State of Ga., ex rel. Simpson

The Bankruptcy Court had exclusive jurisdiction over defendants' appeal of the denial of their motion to dissolve an ex parte temporary restraining order and receivership order to the extent that the appeal concerned bankrupt corporations.

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On January 29, 2001, under the authority of the Georgia RICO Act,1 the Floyd County District Attorney filed a civil in personam forfeiture complaint against appellants David and Amy Pimper “the Pimpers” and their wholly-owned corporations, D.L. Pimper Group, Inc., and Wall Street Creations, Ltd. “the corporations”. This action was taken following investigations by both the Securities & Exchange Commission and the State. The State’s complaint asserted appellants’ involvement in theft, wire fraud, mail fraud, and violation of the Georgia Securities Act.2 The complaint explained the basis for the superior court’s exercise of jurisdiction, identified certain property to be forfeited, and gave detailed grounds for the forfeiture.3

Also on January 29th , the District Attorney obtained an ex parte order from the superior court temporarily restraining appellants from transferring, concealing, assigning or disposing of all assets held in both individual and corporate capacities. Also acting ex parte, the trial court appointed a receiver and assigned him plenary powers to take immediate control of appellants’ assets, books, and possessions; to assume sole control of the corporations; and to report to the court as to appellants’ financial status. The ex parte hearing was not transcribed. However, at a subsequently-held hearing, the trial court made statements indicating that on January 29th , it was presented with sufficient sworn testimony and other evidence to support its entry of the TRO and appointment of the receiver.4

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