Securities and Exchange Commission v. Nadel et al
DECLARATION of Gianluca Morello re 1163 Response in Opposition to Motion by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morello, Gianluca)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
SECURITIES AND EXCHANGE
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
Case No.: 8:09-cv-0087-T-26TBM
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.
DECLARATION OF GIANLUCA MORELLO IN SUPPORT OF THE RECEIVER’S
OPPOSITION TO BB&T’S MOTION FOR TURNOVER OF SALE PROCEEDS
OF FAIRVIEW PROPERTY SUBJECT TO MORTGAGE INTEREST
Gianluca Morello declares as follows:
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 cases.
I make this declaration based on information personally known to me and in
support of the Receiver’s Opposition to BB&T’s Motion for Turnover of Sale Proceeds of
Fairview Property Subject to Mortgage Interest (the “Opposition”). Terms not defined herein
have the meaning ascribed to them in the Opposition.
After diligent searches of Receivership records, no evidence of a proof of claim
form from BB&T for the Fairview Property or its delivery to the Receiver has been located.
Attached as Exhibit A is a true and correct copy of email correspondence on
September 2, 2010, between the Receiver’s and BB&T’s representatives regarding a proof of
claim form for the Laurel Property.
Attached as Exhibit B is a true and correct copy of a letter the Receiver sent to
BB&T on December 9, 2011, regarding the Determination Motion and the Laurel Property.
Attached as Exhibit C is a true and correct copy of a letter the Receiver sent to
BB&T on March 8, 2012, providing a deadline to serve its written objections to the Receiver’s
claim determination for the Laurel Property.
Attached as Exhibit D is a true and correct copy of a letter I sent to counsel for
BB&T on April 26, 2012, regarding BB&T’s failure to submit a proof of claim form for the
Attached as Exhibit E is a true and correct copy of an email from counsel for
BB&T on April 26, 2012, attaching two purported proof of claims forms – one for the Laurel
Property, which is not in dispute, and one for the Fairview Property.
Attached as Exhibit F is a true and correct copy an email from counsel for BB&T
regarding BB&T’s inability to document its submission of a proof of claim form for the Fairview
I DECLARE under the penalty of perjury that the foregoing is true and correct and is
executed this 23rd day of March, 2015.
s/ Gianluca Morello
Gianluca Morello, FBN 034997
WIAND GUERRA KING P.L.
5505 West Gray Street
Tampa, FL 33609
Tel: (813) 347-5100
Fax: (813) 347-5198
Attorney for the Receiver, Burton W. Wiand
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