Securities and Exchange Commission v. Nadel et al

Filing 1286

DECLARATION of Jeffrey C. Rizzo re 1285 Memorandum in support by Burton W. Wiand. (Attachments: # 1 Exhibit Exhibit 1 - RE Quest Oil Lease, # 2 Exhibit Exhibit 2 - State Bar of Texas _ Find A Lawyer _ John Hatchett Carney, # 3 Exhibit Exhibit 3 - FW Hatchett Ranch oil revenue suspense, # 4 Exhibit Exhibit 4 - RE. Big Problem, # 5 Exhibit Exhibit 5 - FW Fax Hatchett, # 6 Exhibit Exhibit 6 - FW. W-9 and Gryska POA, # 7 Exhibit Exhibit 7 - Letter - Carney re. $1500 check for Hatchett Ranch for new well, # 8 Exhibit Exhibit 8 - Letter to Receiver's attorneys, # 9 Exhibit Exhibit 9 - Hatchett Lease)(Maglich, Jordan)

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

Case No. 8:09-cv-0087-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,
Relief Defendants.

DECLARATION OF JEFFREY C. RIZZO
Jeffrey C. Rizzo declares as follows:
1.

My name is Jeffrey C. Rizzo. I am over the age of 18 and I have personal knowledge

of the matters stated herein, and I am competent to testify thereto.
2.

I am a paralegal employed by Wiand Guerra King P.A. I assist the firm's attorneys

in connection with the representation of Burton W. Wiand in his capacity as Receiver over Quest
Energy Management Group, Inc. in the above matter.
3.

On July 10, 2013, John Carney forwarded correspondence to Scott Masel, Senior

Trial Counsel of the Securities and Exchange Commission. Said correspondence lists 5005

Greenville Avenue, Suite 200,Dallas, Texas 75206 as the address for John H.Carney & Associates
Attorneys at Law. A true and correct copy of said correspondence is attached as Exhibit 1.
4.

The State Bar of Texas profile for John Carney lists 5005 Greenville Avenue, Suite

200, Dallas, Texas 75206 as his address. A true and correct copy ofthe State Bar of Texas profile
page for John Carney is attached as Exhibit 2.
5.

Wiand Guerra King P.A. continued to utilize the address provided by Mr. Carney,

5005 Greenville Avenue, Suite 200, Dallas, Texas 75206 address, while communicating with
Mr. Carney throughout the course ofthis proceeding with the understanding that Mr. Carney was
a licensed attorney with authority to represent the interests ofthe lessors ofthe Hatchett Lease, for
example:
• On October 20, 2014 John Carney communicated with Trans-Oil via email
regarding the Hatchett Ranch oil revenue suspense and indicated that
"Hatchett/Camey/Gryska/Hatfield/Tucker families have reached an agreement
with the Receiver for the Quest operations which we will provide in writing within
ten days or so, signed by all parties." The email again listed 5005 Greenville
Avenue, Suite 200, Dallas, Texas 75206 as the address for John H. Carney &
Associates Attorneys at Law. A true and correct copy of said correspondence is
attached as Exhibit 3.
• On February 9, 2015 John Carney communicated with George Guerra, Esq. of
Wiand Guerra King P.A. regarding various issues related to the Hatchett Lease.
The email again listed 5005 Greenville Avenue, Suite 200, Dallas, Texas 75206 as
his office address for John H. Carney & Associates Attorneys at Law. A true and
correct copy of said correspondence is attached as Exhibit 4.

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• On or about August 27, 2015 Wiand Guerra King P.A. received correspondence
from Mr. Carney which indicated his affiliation with CNG Energy Partners, LLC
which has an address of 5005 Greenville Avenue, Suite 200, Dallas, Texas 75206.
A true and correct copy of said correspondence is attached as Exhibit 5.
• On or about October 23,2015 Wiand Guerra King P.A. received a W-9 for Hatchett
Land & Development Co. LLC executed by John Carney. The W-9 lists the address
for Hatchett Land & Development Co. LLC as 5005 Greenville Avenue, Suite 200,
Dallas, Texas 75206. A true and correct copy of said correspondence and W-9 is
attached as Exhibit 6.
6.

Attached hereto as Exhibit 7 is a copy of correspondence dated October 6, 2016

drafted by me at the Receiver's request and addressed to John Carney.
7.

1 mailed the original letter and check in the amount of$1,500.00 on October 6,2016

to John Carney's last known address of 5005 Greenville Avenue, Suite 200, Dallas, Texas 75206.
As of the date of this Declaration the original letter and check have not been returned to Wiand
Guerra King P.A., and the check has not cleared the Receiver's bank account.
8.

On or about October 14, 2016, Wiand Guerra King P.A. received correspondence

from John Carney which listed him as Manager of Hatchett Land & Development Co. LLC. The
document lists the address for Hatchett Land & Development Co.LLC as 5005 Greenville Avenue,
Suite 200, Dallas, Texas 75206. A true and correct copy of said correspondence is attached as
Exhibit 8.
9.

On April 8, 2016, H-15 testing was performed on various wells under the Hatchett

Lease.

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10.

No Proof of Claim Form was submitted to the Receiver on behalf of any of the

Hatchett Ranch lessors.
11.

A true and correct copy ofthe Hatchett Lease is attached as Exhibit 9.

12.

Quest currently has 90 barrels of oil being held in a tank on the Hatchett Ranch.

I DECLARE under the penalty of perjury that the foregoing is true and correct and is
executed this 5th day of May, 2017.

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