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)

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EXHIBIT 1  REDACTED 1 REDACTED From: [] Sent: Wednesday, July 10, 2013 4:45 PM To:; Cc:;;;;; PGRYSKA@PARTNERS.ORG; Subject: Fwd: Quest Oil Lease Mr. Scott A. Masel Senior Trial Counsel Securities and Exchange Commission Florida Bar No. 0007110 Direct Dial: (305) 982-6398 E-mail: Lead and Trial Counsel Scott, see attached transfer of the oil lease from our family ranch previously held in the name of Quest purportedly transferred to an entity named _ ADVANTA IRA TRUST LLC, FBO DENNIS SMITH dated for April 1 2013. Not only is this transfer contrary to the terms of our family's lease with Quest, but I thought if might be contrary to TRO's and Injunctions filed in your action styled below, wherein you've added Quest as a Relief Defendant. Should you have any questions, please don't hesitate to contact me....John ______________________________________ John H. Carney & Associates Attorneys at Law One Meadows Building 5005 Greenville Avenue, Suite 200 Dallas, Texas 75206 (214) 368-8300 Office (214) 363-9979 Facsimile 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; and SCOOP MANAGEMENT, INC., Defendants, SCOOP REAL ESTATE, L.P.; VALHALLA INVESTMENT PARTNERS, L.P.; VALHALLA MANAGEMENT, INC.; 2 VICTORY IRA FUND, LTD.; VICTORY FUND, LTD.; VIKING IRA FUND, LLC; VIKING FUND, LLC; and VIKING MANAGEMENT, LLC, Relief Defendants. / From: To:, Sent: 7/10/2013 1:06:09 P.M. Central Daylight Time Subj: Oil Lease I went by the courthouse today and found documentation of an assignment of our oil lease by quest to an entity named _ ADVANTA IRA TRUST LLC, FBO DENNIS SMITH dated for April 1 2013. This would be prior to being included in the receivership according to the dates on the documents sent by the receivership. This is in direct violation of several clauses that state this cannot be done without our approval. Doing so terminates the lease. I am attaching a copy of this assignment which should null the contract for breach prior to being included in the receivership. This Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this Email is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone collect (214) 368-8300, and destroy the original message. IRS Circular 230 Disclosure: As required by United States Treasury Regulations, you should be aware that this communication is not intended or written by the sender to be used, and it cannot be used, by any recipient for the purposes of avoiding penalties that may be imposed on the recipient by United States tax laws. Thank you. 3

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