Securities and Exchange Commission v. Nadel et al

Filing 1119

DECLARATION of Gianluca Morello re 1118 MOTION for miscellaneous relief, specifically for Order Overruling Objections to Determinations of Claim Numbers 462, 463, 464, 465, 466, and 467 and Awarding Sanctions in the Form of Attorney Fees and Costs by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Morello, Gianluca)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.

Case No. 8:09-cv-87-T-26TBM

ARTHUR NADEL;
SCOOP CAPITAL, LLC;
SCOOP MANAGEMENT, INC.
Defendants,
SCOOP REAL ESTATE, L.P.;
VALHALLA INVESTMENT PARTNERS, L.P.;
VALHALLA MANAGEMENT, INC.;
VICTORY IRA FUND, LTD;
VICTORY FUND, LTD;
VIKING IRA FUND, LLC;
VIKING FUND, LLC; AND
VIKING MANAGEMENT, LLC
Relief Defendants.
____________________________________/
DECLARATION OF GIANLUCA MORELLO IN SUPPORT OF THE RECEIVER’S
MOTION FOR ORDER OVERRULING OBJECTIONS TO DETERMINATIONS OF
CLAIM NUMBERS 462, 463, 464, 465, 466, AND 467 AND AWARDING
SANCTIONS IN THE FORM OF ATTORNEY FEES
Gianluca Morello declares as follows:
1.

I am an attorney with Wiand Guerra King P.L. in Tampa, Florida, and I

represent Burton W. Wiand, as Receiver, in this and other related cases.
2.

I make this declaration based on information personally known to me and in

support of the Receiver’s Motion for Order Overruling Objections to Determinations of
Claim Numbers 462, 463, 464, 465, 466, and 467 and Awarding Sanctions in the Form of
Attorney Fees.
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3.

Attached hereto as Exhibit A is a true and correct copy of the Judgment

entered in Wiand, as Receiver v. Vernon M. Lee, et al., Case No. 8:10-cv-210-T-17MAP
(M.D. Fla.) (the “Lee Clawback Action”) on January 24, 2013 in the amount of $935,631.51
in favor of the Receiver and against Defendant Vernon M. Lee.
4.

Attached hereto as Exhibit B is a true and correct copy of the Report and

Recommendation entered in the Lee Clawback Action on December 13, 2012.
5.

Attached hereto as Exhibit C is a true and correct copy of the Order Adopting

Report and Recommendation entered in the Lee Clawback Action on January 23, 2013 by the
Honorable Elizabeth A. Kovachevich.
6.

Attached hereto as Exhibit D is a true and correct copy of the Initial Brief of

Appellant/Cross-Appellee Vernon M. Lee filed with the Eleventh Circuit Court of Appeals
on March 28, 2013 in Wiand, as Receiver v. Vernon M. Lee, et al., Case No.: 13-10448-A
(11th Cir. March 28, 2013)
7.

Attached hereto as Composite Exhibit E are true and correct copies of Proof

of Claim Forms submitted by Vernon M. Lee.
8.

Attached hereto as Composite Exhibit F are true and correct copies of the

Objections submitted by Vernon M. Lee to the Receiver’s claim determinations for Claim
Numbers 462, 463, 464, 465, 466, and 467.
9.

Attached hereto as Exhibit G is a true and correct copy of the Receiver’s

Response to Objection Relating to Determination of Claim Numbers 462, 463, 464, 465, 466,
and 467 provided to Vernon M. Lee.
10.

Attached hereto as Exhibit H is a true and correct copy of correspondence

sent by the Receiver’s counsel to counsel for Vernon M. Lee on December 5, 2013.

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11.

Attached hereto as Exhibit I is a true and correct copy of an email received

from counsel for Vernon M. Lee on December 11, 2013.
12.

Attached hereto as Exhibit J is a true and correct copy of Vernon M. Lee’s

Amended Response in Opposition to the Receiver’s Motion for Partial Summary Judgment
filed in the Lee Clawback Action on September 14, 2012.
13.

Attached hereto as Exhibit K is a true and correct copy of the docket sheet for

the Lee Clawback Action as of May 30, 2014.
I DECLARE under the penalty of perjury that the foregoing is true and correct and is
executed this 30th day of May, 2014.

s/Gianluca Morello
Gianluca Morello, FBN 034997
[e-mail]
WIAND GUERRA KING P.L.
5505 West Gray Street
Tampa, FL 33609
Tel.: [phone]
Fax: [phone]
Attorney for the Receiver, Burton W. Wiand

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