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PEOPLE EX REL. WHITE v. TRAVNICK

No. 2-03-1080.

806 N.E.2d 270 (2004)

346 Ill. App.3d 1053

282 Ill.Dec. 295

The PEOPLE ex rel. Jesse WHITE, Secretary of State for the State of Illinois, Plaintiff-Appellant, v. Randall S. TRAVNICK d/b/a Equine Data Management Software; Estate of Randall S. Travnick, Janice G. Travnick, Any and All Life Insurance Policies in the Name of Randall S. Travnick, Including But Not Limited to (I) Transamerica Occidental Life Insurance Company Policy No. 40869194; (II) Fireman's Fund American Life Group Policy No. AX0103, Certificate PXL4017569; (III) Garden State Life Policy No. 005277679; (IV) Zurich Life Insurance Policy No. 721331; (V) Metropolitan Life Insurance Policy No. 917-605-456 PR; and (VI) AIG Life Insurance Policy No. 300105139, Any and All Bank Accounts, Mutual Funds, and/or Safety Deposit Boxes Opened by and/or Held in the Name of Either Equine Data Management Software, Randall S. Travnick, or Janice S. Travnick, Including But Not Limited to the Randall S. Travnick d/b/a EDMS Checking Account at Home State Bank (Acct. No. 0007643001), Any and All Assets of the Estate of Randall S. Travnick, Including But Not Limited to Automobiles, The House and Property Located at 774 N. Valley Hill Road, Woodstock, Illinois, and Any and All Assets and Property Interests in the Travnick Group and/or Equine Data Management Software, Defendants-Appellees.

Appellate Court of Illinois, Second District.

March 17, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Deborah L. Ahlstrand, Chief of Civil Appeals Division, Gary S. Feinerman, Solicitor General, Tanya Solov, Illinois Dept. of Securities, Chicago, for the People.

Jonathan M. Cyrluk, Todd J. Haugh, Stetler & Duffy, Ltd., Chicago, Norman D. Vinton, Weisz Michling Hofmann, P.C., Woodstock, for Janice G. Travnick, Randall S. Travnick.

Presiding Justice O'MALLEY delivered the opinion of the court:

The State sued defendants for violations of the Illinois Securities Law of 1953 (Securities Law) (815 ILCS 5/1 et seq. (West 2002)) and sought a preliminary injunction freezing defendants' assets, including the proceeds of life insurance policies held in the name of the late Randall Travnick (Randall) with his wife Janice Travnick (Janice) as beneficiary. The trial court granted the injunction with...

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