Has an arrest warrant for Relief Defendant Donald Lopez been issued by the court?
No. This matter is being administered by two judges: a Magistrate Judge and a Presiding Judge. The Magistrate Judge’s responsibilities are in part ministerial, and the Presiding Judge has ultimate authority over the case. On September 23, 2008, the Magistrate Judge issued a Report and Recommendation recommending, in part, that the Court issue an arrest warrant for Lopez as a result of his failure to comply with a previous Court order. It is the Presiding Judge’s prerogative to accept the Magistrate Judge’s recommendation, and issue an arrest warrant for Lopez, or not. At this time, the Presiding Judge has not issued such an arrest warrant. Neither the Receiver nor the SEC has any authority over the Magistrate Judge or the Presiding Judge, and an arrest warrant for Lopez will issue, if at all, only if and when the Presiding Judge determines it is proper.
