Securities and Exchange Commission v. Nadel et al

Filing 1192

Declaration of M. Yip by Burton W. Wiand re 1190 MOTION for miscellaneous relief, specifically Motion to Overrule Objections to Claims 403, 404, 405, 406, 407, 408, and 477 Notice of Filing Declaration of Maria Yip (Attachments: # 1 Exhibit M. Yip Declaration, # 2 Exhibit Ex. 1 to M. Yip Declaration, # 3 Exhibit Ex. 2 to M. Yip Declaration, # 4 Exhibit Ex. 3 to M. Yip Declaration, # 5 Exhibit Ex. 4 to M. Yip Declaration, # 6 Exhibit Ex. 5 to M. Yip Declaration, # 7 Exhibit Ex. 6 to M. Yip Declaration, # 8 Exhibit Ex. 7 to M. Yip Declaration, # 9 Exhibit Ex. 8 to M. Yip Declaration, # 10 Exhibit Ex. 9 to M. Yip Declaration, # 11 Exhibit Ex. 10-1 to M. Yip Declaration, # 12 Exhibit Ex. 10-2 to M. Yip Declaration, # 13 Exhibit Ex. 11 to M. Yip Declaration, # 14 Exhibit Ex. 12 to M. Yip Declaration, # 15 Exhibit Ex. 13 to M. Yip Declaration, # 16 Exhibit Ex. 14 to M. Yip Declaration, # 17 Exhibit Ex. 15 to M. Yip Declaration, # 18 Exhibit Ex. 16 to M. Yip Declaration, # 19 Exhibit Ex. 17 to M. Yip Declaration, # 20 Exhibit Ex. 18 to M. Yip Declaration, # 21 Exhibit Ex. 19 to M. Yip Declaration, # 22 Exhibit Ex. 20 to M. Yip Declaration, # 23 Exhibit Ex. 21 to M. Yip Declaration, # 24 Exhibit Ex. 22 to M. Yip Declaration, # 25 Exhibit Ex. 23 to M. Yip Declaration, # 26 Exhibit Ex. 24 to M. Yip Declaration, # 27 Exhibit Ex. 25 to M. Yip Declaration, # 28 Exhibit Ex. 26 to M. Yip Declaration, # 29 Exhibit Ex. 27 to M. Yip Declaration, # 30 Exhibit Ex. 28 to M. Yip Declaration, # 31 Exhibit Ex. 29 to M. Yip Declaration, # 32 Exhibit Ex. 30 to M. Yip Declaration, # 33 Exhibit Ex. 31 to M. Yip Declaration, # 34 Exhibit Ex. 32 to M. Yip Declaration, # 35 Exhibit Ex. 33 to M. Yip Declaration, # 36 Exhibit Ex. 34 to M. Yip Declaration, # 37 Exhibit Ex. 35 to M. Yip Declaration, # 38 Exhibit Ex. 36 to M. Yip Declaration, # 39 Exhibit Ex. 37 to M. Yip Declaration, # 40 Exhibit Ex. 38 to M. Yip Declaration, # 41 Exhibit Ex. 39 to M. Yip Declaration, # 42 Exhibit Ex. 40 to M. Yip Declaration, # 43 Exhibit Ex. 41 to M. Yip Declaration, # 44 Exhibit Ex. 42 to M. Yip Declaration, # 45 Exhibit Ex. 43 to M. Yip Declaration, # 46 Exhibit Ex. 44 to M. Yip Declaration, # 47 Exhibit Ex. 45 to M. Yip Declaration, # 48 Exhibit Ex. 46 to M. Yip Declaration, # 49 Exhibit Ex. 47 to M. Yip Declaration, # 50 Exhibit Ex. 48 to M. Yip Declaration, # 51 Exhibit Ex. 49 to M. Yip Declaration, # 52 Exhibit Ex. 50 to M. Yip Declaration, # 53 Exhibit Ex. 51 to M. Yip Declaration, # 54 Exhibit Ex. 52 to M. Yip Declaration, # 55 Exhibit Ex. 53 to M. Yip Declaration, # 56 Exhibit Ex. 54 to M. Yip Declaration, # 57 Exhibit Ex. 55 to M. Yip Declaration, # 58 Exhibit Ex. 56 to M. Yip Declaration, # 59 Exhibit Ex. 57 to M. Yip Declaration, # 60 Exhibit Ex. 58 to M. Yip Declaration, # 61 Exhibit Ex. 59 to M. Yip Declaration, # 62 Exhibit Ex. 60 to M. Yip Declaration, # 63 Exhibit Ex. 61 to M. Yip Declaration)(Morello, Gianluca) Modified on 8/12/2015 (KMM).

EXHIBIT 61
Case No.: 8:10-cv-77-T-17MAP et al.
Solvency Analysis
For the Quarters Ended March 2003 through December 2008

Quarter End
03/31/03
06/30/03
09/30/03
12/31/03
03/31/04
06/30/04
09/30/04
12/31/04
03/31/05
06/30/05
09/30/05
12/31/05
03/31/06
06/30/06
09/30/06
12/31/06
03/31/07
06/30/07
09/30/07
12/31/07
03/31/08
06/30/08
09/30/08
12/31/08

1

Liquid Assets
$ 19,987,238
36,802,745
51,442,012
86,594,423
103,426,816
111,852,003
106,624,344
147,129,338
130,891,002
120,606,466
140,624,785
134,180,792
129,495,341
90,175,332
77,276,895
63,399,108
56,664,331
36,967,435
21,352,986
20,681,828
18,817,060
11,021,563
9,200,790
1,338,471

2

Non-Liquid Assets
$
16,573
27,924
27,960
55,458
211,253
4,490,950
11,050,383
11,075,383
11,338,290
13,777,152
14,285,452
14,280,782
14,382,894
14,393,724
14,557,179
14,557,179
15,159,660
15,163,570
15,561,513
16,061,513
16,097,263

Investor Liabilities
3
Principal Only
$
(35,804,194)
(48,087,330)
(60,944,483)
(88,019,836)
(110,611,952)
(119,387,621)
(126,999,356)
(160,130,348)
(163,856,102)
(163,862,698)
(172,059,789)
(166,405,083)
(163,146,983)
(150,876,157)
(140,627,979)
(134,246,721)
(134,935,982)
(131,240,894)
(128,539,475)
(127,339,869)
(124,001,841)
(120,660,082)
(124,488,826)
(114,200,513)

Excess / (Shortage)
4

Other Liabilities
$
(5,731)
(5,731)
(631,886)
(13,162)
(13,162)
(13,162)
(13,162)
(1,763,274)
(4,420,522)
(4,418,614)
(4,546,347)
(4,563,947)
(4,563,947)
(4,562,993)
(4,562,993)
(4,576,558)
(4,558,875)
(4,559,631)
(4,563,631)
(4,551,812)
(4,550,858)
(4,551,812)
(4,552,199)

$

of Funds
(15,816,956)
(11,290,316)
(9,508,201)
(2,040,726)
(7,170,374)
(7,520,820)
(20,332,716)
(12,802,919)
(30,237,424)
(36,626,370)
(24,778,234)
(25,432,347)
(24,438,438)
(50,979,319)
(53,633,295)
(61,027,713)
(68,454,486)
(84,275,155)
(97,188,941)
(96,062,011)
(94,573,023)
(98,627,864)
(103,778,336)
(101,316,978)

Sources:
Bank statements held in the name of the Hedge Funds, brokerage account statements held in the name of the Hedge Funds,
cancelled checks, deposits slips, deposit confirmations, copies of deposited checks, wire transfer documentation, tax returns filed by
the Hedge Funds, and the books and records of the Hedge Funds.

Notes:
1

Liquid Assets include the sum of the closing cash balances of bank accounts held in the name of the Hedge Funds and the closing
Net Asset Values of assets held at brokerage accounts.

2

Non-Liquid Assets include Real Estate holdings, deposits for future purchases of real estate, accounts receivable, bonds and
securities purchased through private offerings, capitalized software costs, capitalized start-up costs, and capitalized real estate closing

3

Investor Liabilities Principal Only include the amount owed to investors if they were to receive only their invested principal amounts.

4

Other Liabilities include mortgages owed by Scoop Real Estate LP; accounts payable, guarantees payable, and other short-term
liabilities recorded in the books and records of the Hedge Funds.

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