Securities and Exchange Commission v. Nadel et al

Filing 1423

RESPONSE to Motion re 1419 Verified MOTION for miscellaneous relief, specifically to Authorize The Receiver to Retain a $100,000 Earnest Money Deposit Due to the Purchaser's Failure to Close the Court-Approved Sale of Quest Assets Memorandum of Points and Authority filed by Archer Petroleum. (Attachments: # 1 Appendix Index of Exhibits A-G, # 2 Exhibit A-Asset Purchase Agreement, # 3 Exhibit B-Email from Wiand, # 4 Exhibit C-Wire Transfer Receipts, # 5 Exhibit D-Emails Exchanged Wiand and Hudson, # 6 Exhibit E-Affidavit of Andrew Hudson, # 7 Exhibit F-Letter from Archer Petroleum to Wiand Cancelling Asset Purchase Agreement, # 8 Exhibit G-Order Granting Approval of Sale)(Krieger, Edwin)

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

CASE NO.: 8:09-cv-0087-VMC-

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.

INDEX OF EXHIBITS IN SUPPORT OF ARCHER PETROLEUM’S RESPONSE
IN OPPOSITION TO THE RECEIVER’S VERIFIED MOTION (Dkt #1419) TO
AUTHORIZE THE RETENTION OF EARNEST MONEY AND MEMORANDUM
AND POINTS OF AUTHORITIES IN SUPPORT THEREOF
Exhibit

Title/Description

Exhibit A

Asset Purchase Agreement

Exhibit B

Email from Burton Wiand to Drew Archer attaching executed
Asset Purchase Agreement

Exhibit C

Wire Transfer Receipts of earnest money transfer from Archer
Petroleum Ltd. to Wiand Guerra King

INDEX OF EXHIBITS IN SUPPORT OF ARCHER PETROLEUM’S RESPONSE IN OPPOSITION
TO THE RECEIVER’S VERIFIED MOTION (Dkt #1419) TO AUTHORIZE THE RETENTION OF
EARNEST MONEY AND MEMORANDUM AND POINTS OF AUTHORITIES IN SUPPORT
THEREOF
Page 1

Exhibit D

Emails exchanged Burton Wiand (Receiver) and Drew Hudson
(Archer Petroleum)

Exhibit E

Affidavit of Drew Hudson

Exhibit F

Letter from Archer Petroleum to Burton Wiand cancelling the
Asset Purchase Agreement

Exhibit G

Order Granting Approval of Sale

INDEX OF EXHIBITS IN SUPPORT OF ARCHER PETROLEUM’S RESPONSE IN OPPOSITION
TO THE RECEIVER’S VERIFIED MOTION (Dkt #1419) TO AUTHORIZE THE RETENTION OF
EARNEST MONEY AND MEMORANDUM AND POINTS OF AUTHORITIES IN SUPPORT
THEREOF
Page 2