Securities and Exchange Commission v. McAfee Inc.

Filing 130

ORDER APPROVING THE PETITION FOR PAYMENT OF FINAL FEES AND COSTS AND APPROVING THE TRANSFER OF REMAINING MONIES IN TEH MCAFEE FAIR FUND TO THE COMMISSION re 129 Status Report, filed by Jeffrey Plotkin. Signed by Judge Phyllis J. Hamilton on 7/31/12. (nah, COURT STAFF) (Filed on 7/31/2012)

EXHIBIT G

JEFFREY PLOTKIN
DISTRIBUTION AGENT (N.Y. Bar # 2122430)
Finn Dixon & Herling LLP
177 Broad Street
Stamford, CT 06901
Tel: [phone]
Fax: [phone]
Of Counsel:
Day Pitney LLP
One Canterbury Green
Stamford, CT 06901
Tel: [phone]
Fax: [phone]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
C-06-0009 (PJH)
V.

McAFEE, INC. (f/k/a Network Associates, Inc.), :
Defendant.

[PROPOSED] ORDER APPROVING THE PETITION FOR PAYMENT OF FINAL
FEES AND COSTS AND APPROVING THE TRANSFER OF REMAINING MONIES IN
THE MCAFEE FAIR FUND TO THE COMMISSION
The Court, having reviewed the Distribution Agent's Final Report dated June 26, 2012,
including the request for approval of unpaid fees and costs therein and the request to approve the
transfer of all remaining monies in the McAfee Fair Fund to the Commission therein, and for
good cause shown,

IT IS HEREBY ORDERED:
1.

The Clerk of the Court shall issue a check on the Court Registry Investment

System ("CRIS"), Account Number C06-0009PJH, principal or interest, under the case name
designation "SEC v. McAfee, Inc." in the aggregate amount of $38,129.30 payable to "Day
Pitney LLP", for the payment of (i) $34,129.30 in unpaid fees and expenses by the Distribution
Agent and his counsel during the six-month period from December 1, 2011 through May 31,
2012 and (ii) $4,000 in estimated fees and expenses by the Distribution Agent and his counsel
through the closure of the Fund, as described in the Distribution Agent's Final Report dated June
26, 2012. The check shall also contain the following notation: "payment for matter no.
406440.121450". The Clerk shall send the check by overnight mail to:
Day Pitney LLP
do Helen Harris, Esq.
One Canterbury Green
Stamford, CT 06901
Tel: [phone]
The Distribution Agent shall provide the Court Registry with the necessary overnight shipping
information and the Distribution Agent's billing number.
2.

The Clerk of the Court shall issue a check on the Court Registry Investment

System ("CRIS"), Account Number C06-0009PJH, principal or interest, under the case name
designation "SEC v. McAfee, Inc." in the aggregate amount of $14,553.37 payable to "The
Garden City Group, Inc.", for the payment of (i) $12,384.62 in unpaid fees and expenses by the
Claims Administrator during the period from October 1, 2011 through April 30, 2012 and (ii)
$2,168.75 in estimated fees and expenses by the Claims Administrator through the closure of the
Fund, as described in the Distribution Agent's Final Report dated June 26, 2012. The check

shall also contain the following notation: "payment for SEC v. McAfee, Inc. Secs. Litig."

The

Clerk shall send the check by overnight mail to:
The Garden City Group, Inc.
c/o Fred Rodriguez
1985 Marcus Avenue, Suite 200
Lake Success, NY 11042
Tel: [phone]
The Distribution Agent shall provide the Court Registry with any necessary overnight shipping
information including the Distribution Agent's billing number.
3.

The Clerk of the Court shall issue a check on CRIS account number C06-0009

PJH, principal or interest, under the case name designation "SEC v. McAfee, Inc." in the
aggregate amount of $5,406.02 payable to "Damasco & Associates", for the payment of (i)
$2,656.02 in unpaid fees and expenses of the Tax Administrator during the period from March
15, 2011 through January 24, 2012 and (ii) $2,750 in estimated fees and expenses by the Tax
Administrator through the closure of the Fund, as described in the Distribution Agent's Final
Report dated June 26, 2012. The check shall also contain the following notation: "SEC v.
McAfee, Inc., Tax Administrator Fees".

The Clerk shall send the check by overnight mail to:

Damasco & Associates
700 Monte Vista Lane
Half Moon Bay, CA 94019
Phone: [phone]
The Distribution Agent shall provide the Court Registry with any necessary overnight shipping
information including the Distribution Agent's billing number.
4.

Following the issuance of the checks set forth in paragraphs one through three above, the

Clerk of the Court shall transfer all remaining monies in CRIS account number C-6-009 PJH
under the case name designation "SEC v. McAfee, Inc." to the Securities and Exchange
Commission for subsequent transfer to the United States Treasury or the Commission's Investor
-3-

Protection Fund, as described in the Distribution Agent's Final Report dated June 26, 2012. The
Clerk may transmit payment electronically to the Securities and Exchange Commission, which
will provide detailed ACH transfer / Fedwire instructions upon request. The Clerk may also
issue a check payable to the Securities and Exchange Commission, which shall be sent by
overnight mail to:
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169 •
and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court. The check shall also contain the notation, "SEC v. McAfee, Inc."
Thereafter, the Clerk of the Court shall close CRIS account number C-6-009 PJH under
the case name designation "SEC v. McAfee, Inc."
5.

Following the issuance of the checks set forth in paragraphs one through three above, the

Claims Administrator shall direct the transfer of all remaining monies in the McAfee Fair Fund
Escrow Account, held by Signature Bank under the account name "QSF, SEC v. McAfee
Distribution Fund custodian F/13/0 investors allocated a distribution from McAfee Distribution
Plan c/o Garden City Group Inc.", to the Securities and Exchange Commission for subsequent
transfer to the United States Treasury or the Commission's Investor Protection Fund, as
described in the Distribution Agent's Final Report dated June 26, 2012. The Claims
Administrator may transmit payment electronically to the Securities and Exchange Commission,
which will provide detailed ACH transfer / Fedwire instructions upon request. The Claims
Administrator may also issue a check payable to the Securities and Exchange Commission,
which shall be sent by overnight mail to:

-4-

Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and shall be accompanied by a letter identifying the case title, civil action number, and name of
the Court. The check shall also contain the notation, "SEC v. McAfee, Inc."
Thereafter, the Claims Administrator shall direct the closure of the McAfee Fair Fund
Escrow Account held by Signature Bank under the account name "QSF, SEC v. McAfee
Distribution Fund custodian FM/0 investors allocated a distribution from McAfee Distribution
Plan cio Garden City Group Inc."
6.

Upon completion of the payments and transfers set forth in this Order, the

McAfee Fair Fund shall be terminated and the Distribution Agent shall be discharged from his
duties as Distribution Agent.

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