Securities and Exchange Commission v. Nadel et al

Filing 200

Unopposed MOTION for attorney fees Third Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Receiver's Third Interim Report, #3 Exhibit C - Receiver - Receivership invoice, #4 Exhibit D - Receiver - Home Front Homes v. Bishop invoice, #5 Exhibit E - Receiver - Carolina Mountain Land Conservancy invoice, #6 Exhibit F - Receiver - Recovery from Investors invoice, #7 Exhibit G - Receiver - Recovery from Moodys invoice, #8 Exhibit H - Receiver - Recovery of Commissions invoice, #9 Exhibit I - Fowler White - Categorization and summary of costs, #10 Exhibit J - Fowler White - Fee schedule, #11 Exhibit K - Fowler White - Receivership invoice (part 1 of 2), #12 Exhibit K - Fowler White - Receivership invoice (part 2 of 2), #13 Exhibit L - Fowler White - Home Front Homes v. Bishop invoice, #14 Exhibit M - Fowler White - Carolina Mountain Land Conservancy invoice, #15 Exhibit N - Fowler White - Recovery from Investors invoice, #16 Exhibit O - Fowler White - Recovery from Moodys invoice, #17 Exhibit P - Fowler White - Recovery of Commissions invoice, #18 Exhibit Q - PDR invoice, #19 Exhibit R - Riverside Financial Group invoice, #20 Exhibit S - E-Hounds invoice, #21 Exhibit T - Proposed Order)(Nelson, Carl)

Securities and Exchange Commission v. Nadel et al

Doc. 200 Att. 15

EXHIBIT

l

N

FOWLER~
Anomc:pat Liw 'v~ B

E'T 19'" wHITE OGGS

Burton W. Wiand Fowler White Boggs P.A. 501 East Kennedy Blvd., Suite 1700
Tampa, Florida 33602

August 28, 2009 Invoice 723016 Tax # 59-1280172
Page 1

BWW/i090833
Re: 1090833

Scoop Legal Team - Recovery from Investors
Professional Services Through 06/30/09

Asset Analysis and Recovery
05/01/09

Letter from i. McDonald regarding Kapralos (.2); letters from and to C.

Nicholson regarding Dr. Gasparrni (.8); worked on Day settlements
(1.6).

ASSET
05/04/09

CRN

2.60 hrs.

Letter to D. Rappaport regarding Sandcastle (.3); letter to M. Hildreth regarding Day (.3); e-mail to S. Wood regarding settlement (.3); e-mail

exchange with Grossman regarding T. Brooks (.4); further work on
settement (1.1).

ASSET
05/04/09

CRN

2.40 hrs.

Review and revisions to Steven Wood Living Trust Settlement
Agreement and Promissory Note (1.0); review of demand letter to Philip and Janice Day, review of correspondence regarding settlement with P. and J. Day (.2); drafting, review, and revisions to Settement Agreement

for Philip and Janice Day (.5); review of demand letter to Truman N. Brooks and review of correspondence regarding settlement with T.
Brooks, drafting, review, and revisions to Settement Agreement for T. Brooks and drafting, review and revisions to Promissory Note for T.

Brooks (1.5); communications with C. Nelson regarding Settlement agreements with Steven Wood, Philip and Janice Day, Truman Brooks
and Motion to Approve Settlement with Musser Family Trust (.3); e-mail

to Steven Wood attaching corrected Promissory Note (.2);
communications with C. Rehus regarding settlement documents and
FOWLER WHITE BOGGS P .A.
TAMPA. FORT MYERS · TALLAHASSEE · JACKSONVILLE . FORT LAUDERDALE
501 EAST KENNEDY BLVD., SUITE 1700 · TAMPA, FLORIDA 33602 · P.O. Box 1438 · TAMPA, FL 33601

TELEPHONE [phone] · FAX [phone] · WWW.FOWLERWHITE.COM
EXPENSES ARE BILLED AT ACTUAL COSTS DETERMINED IN ACCORDANCE WITH ABA GUIDELINES

Dockets.Justia.com

Buiion W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 2

BWW/i090833

updates to settlements chart (A); review of demand letter to Musser
Family Trust and drafting, review and revisions to Motion to Approve Settlement with Musser Family Trust (.6).

ASSET SKI

4.70 hrs.

05/05/09

Received and reviewed order denying approval of

Musser settlement (.2);

letter to Musser enclosing Order (.3); letter to R. Walter regarding Dr.

Fletcher (.3); received and reviewed letter from Musser fied with the Court (.3); edited and filed motion to approve Musser settlement (.3);
e-mail exchange with Musser regarding approval (A).

ASSET CRN

1.80 hrs.

05/05/09

Revisions and review of Motion to Approve Settlement with Musser

Family Trust (.2); review of order denying motion to approve settlement
of Musser (.1); review of

letter from Gary Musser to Court (.2).

ASSET SKI

0.50 hrs.

05/06/09

Telephone conference with B. Smith regarding L. Perez (.3); e-mail
exchange with G. Musser regarding revised settlement (.3); e-mail exchange with Musser regarding settlement (A); call to Wanda Goldson
regarding Musser (.5).

ASSET
05/06/09

CRN

1.50 hrs.

Communications with C. Nelson regarding order denying motion to
approve settlement of

Musser and letter from Gary Musser to Court (.1);

communications with C. Nelson regarding and review of Settement

Agreement with Truman Brooks (.2).

ASSET SKI

0.30 hrs.

05/07/09

Received Order Approving Musser settlement (.2); e-mail to Musser forwarding Order (.2); edited Brook settlement agreement (.3); letter to
and from S. Wengert regarding settlement (.3); call to Judge's Chambers

regarding motion procedure (.1); e-mail exchange with G. Musser
regarding settlement (A); prepared renewed motion to approve Musser settlement (A); e-mail exchange with S. Grossman regarding Brooks (A); e-mail to Dr. Trzeciak regarding execution of settement agreement (.5).

ASSET CRN

2.80 hrs.

FOWLER WHITE BOGGS P .A.
TAMPA · FORT MYERS · TALLAHASSEE · JACKSONVILLE · FORT LAUDERDALE

Buiion W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 3

BWW/1090833

05/07/09

Review and revisions to Receiver's renewed motion to approve settlement

with Musser Family Trust and review of May 6, 2009 letter from G.
Musser to Court.

ASSET
05/11/09

SKI

0.20 hrs.

Letter from Timmick regarding recovery (.2); numerous e-mail
exchanges with S. Grossman regarding T. Brooks (.5).

ASSET CRN
ASSET
SKI

0.70 hrs.

05/11/09

Review of e-mails with opposing counsel regarding proposed changes to

Settlement Agreement and Note for Truman Brooks and review of
proposed changes.

0.20 hrs.

05/12/09

Calculations of potential recovery from profiteers (.5); review of revised
settlement spreadsheet (.1).

ASSET
05/14/09

SKI

0.60 hrs.

Numerous e-mail exchanges with G. Musser regarding settement.

ASSET CRN

0.30 hrs.

05/14/09

Motion to approve settlement of Philip and Janice Day.

ASSET SKI

0.50 hrs.

05/15/09

Received and reviewed Order approving day settlement (.3); e-mail exchange with S. Grossman regarding Brooks' settlement (A).

ASSET CRN

0.70 hrs.

05/15/09

Review of Order approving Receiver's Motion to Approve Settement
with Philip and Janice Day (.1); e-mail to opposing counsel enclosing

Order approving Receiver's Motion to Approve Settement with Philip
and Janice Day (.2); review of executed settlement agreement with

Truman N. Brooks and opposing counsel's requested changes (.2); e-mail and phone regarding same to C. Nelson (.3).

ASSET SKI

0.80 hrs.

FOWLER WHITE BOGGS P.A.
TAMPA · FORT MYERS · TALLAHASSEE · JACKSONVILLE · FORT LAUDERDALE

Burton W. Wiand Rc: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 4

BWW/1090833

05/18/09

Letter to Campbell regarding Beale settlement (.3); letter to F. Moseley regarding settlement (.3); edited Settlement Agreement (A); e-mail exchange with S. Grossman regarding Brooks' settlement (.5); letter to and from W. 1. Jones regarding Cart settlement (.6).

ASSET CRN

2.10 hrs.

05/19/09

Review of revised executed settlement agreement with Truman N. Brooks and executed promissory note (.3); review of e-mails with opposing counsel (.2); drafting, review, and revisions to Motion to
approve settement with Truman N. Brooks, communications with C.

Nelson regarding revisions (.8); fiing of Motion to approve settlement with exhibits (.7); communications with C. Nelson and review of file
regarding outstanding settement agreement and promissory note from

Steven D. Wood Living Trust (.2).

ASSET SKI

2.20 hrs.

OS/20/09

Received and reviewed order approving Brooks settlement (.2); e-mail to S. Grossman with approval order (.2); letter to Harpst regarding Crut (.3);

letter to J Fraser regarding D Fraser (.3); reviewed L. Yip account
documents (1.2); reviewed Crut accounting documents (1.3).

ASSET CRN

3.50 hrs.

OS/20/09

Review of order granting approval of settlement with Truman N. Brooks

(.1); review of e-mails with opposing counsel regarding Truman N.
Brooks Settlement (.2); review of settement chart and payments due (.2);
communications with C. Nelson regarding Musser Family Trust

settement payment (.1).

ASSET
OS/22/09

SKI

0.60 hrs.

Call to C. Chapin regarding S. Wood demand. ASSET
Letter from Nortman regarding Bullock.

CRN

0.20 hrs.

OS/26/09

ASSET

CRN

0.10 hrs.

FOWLER WHITE BOGGS P.A.
TAMPA · FORT MYERS · TALLAHASSEE · JACKSONVILLE . FORT LAUDERDALE

Buiion W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 5

BWW/1090833

OS/27/09

Considered Defendant class action procedure and issues (.3); analyzed
our Bullock account documents (204).

ASSET CRN

2.70 hrs.

OS/28/09

Call from Wellington regarding Yip (.2); letter to Nortman regarding Bullock (.2); letter to R. Kramer regarding Mace Security (.2); reviewed
numerous account documents (1.3).

ASSET CRN
ASSET
CRN

1.90 hrs.

OS/29/09

Call from Nortman regarding Bullock.

0.20 hrs.

OS/29/09

Receipt and review of correspondence and documentation from Ms.

Moyers at PDR regarding investor and telephone call with Ms. Moyers.

ASSET JCR

0.20 hrs.

06/01/09

Letter from L. Hutton regarding investment (.2); call from L. Rinn
regarding investment (.3); conferred with Burt Wi

and regarding recovery

actions (.3); reviewed Hutton account documents (A); call from C.
Chapin regarding S. Wood (.8).

ASSET
06/01/09

CRN

2.00 hrs.

Review of documentation regarding investor per conference with Mr.
Nelson.

ASSET
06/02/09

JCR

0040 hrs.

Letter to Harpst regarding Crut (A); letter to Dooley regarding Kouvant (.5); letter from and to R. Walter regarding J Fletcher (.5); letter to Lentz regarding Yip (.6); letter from and to LCKH3 regarding Viking Fund
investment (.6).

ASSET
06/02/09

CRN

2.60 hrs.

Communicate with Bil Price regarding investor Merlyn Lofgren
information used in false profiteer letter (.2); communicate with Carl

Nelson regarding profiteer Lofgren and response to letter from Fiserv
regarding investor Little (.2); preparation of correspondence to Fiserv per
FOWLER WHITE BOGGS P .A.
TAMPA · FORT MYERS. TALLAHASSEE · JACKSONVILLE . FORT LAUDERDALE

Burton W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 6

BWW/1090833

conference with Mr. Nelson regarding J. Little (.2); communicate with Bil Price regarding investor information in Advent, QuickBooks and investor files and discuss Merlyn Lofgren investments and withdrawals
and review of documentation (.3).

ASSET JCR
ASSET
CRN

0.90 hrs.

06/03/09

Reviewed Lofgren account.

0.10 hrs.

06/03/09

Review of materials from Bil Price at PDR related to investor (1.0);
review of

materials from Northern Trust (.3); conferences with Mr. Price and Mr. Nelson (.2). ASSET JCR

1.50 hrs.

06/05/09

E-mail exchange with S. Weingert regarding settement.

ASSET CRN
ASSET
CRN

0.10 hrs.

06/08/09

Letter from Nortman regarding Bullock.

0.20 hrs.

06/09/09

E-mail to Nortman regarding Bullock (.5); e-mail to ABN Amro Bank
regarding settlement (.8); reviewed all outstanding settement cases (104).

ASSET CRN

2.70 hrs.

06/09/09

Receipt and review of correspondence from investor in response to letter from C. Nelson. JCR ASSET
Prepare requests for profiteer analyses to forensic accountant.

0.10 hrs.

06/09/09

ASSET KLS
CRN

2.30 hrs.

06/1 0/09

Call from Chapin regarding Wood. ASSET

0.10 hrs.

06/10/09

Receipt and review of correspondence from Michelle Moyers at PDR

FOWLER WHITE BOGGS P.A.
TAMPA · FORT MYERS · TALLAHASSEE . JACKSONVILLE . FORT LAUDERDALE

Buiion W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 7

BWW/1090833

regarding investor McConnell to respond to letter from Investor.

ASSET JCR
ASSET KLS ASSET KLS
CRN

0.30 hrs.

06/1 0/09

Prepare requests for profiteer analyses to forensic accountant.

1.00 hrs.

06/12/09

Provide data to forensic accountant regarding profiteers.

0.70 hrs.

06/15/09

Call from Beech regarding Perez potential settlement (.2); telephone conference with Chapin regarding Wood (.2); e-mail to Nortman
regarding Bullock (.7).

ASSET
06/15/09

1.10 hrs.

Review of correspondence to Wiliam Nortman, Esq. regarding investor.

ASSET JCR
CRN

0.10 hrs.

06/18/09

Call from Forrest regarding Carty. ASSET

0.30 hrs.

06/18/09

Communicate with Ashley Trehan and review of format of

documentation sent to investors regarding false profits (.1); review of
Foreign Bank Invesors chart prepared by Ms. Salo (.l); review of

correspondence from foreign investor and circulate to Scoop team (.1).

ASSET JCR

0.30 hrs.

06/19/09

Call from Louis Perez regarding settlement of Bullock (.2); e-mail to Perez regarding Bullock settlement (.2); call from Nortman regarding
Bullock (.3); conferred with Burt Wi

and regarding settlement of Bullock (.3); prepared Bullock Settlement Agreement (.7).

ASSET CRN

1.70 hrs.

06/19/09

Communicate with PDR regarding account detail information needed for investor. JCR ASSET

0.10 hrs.

FOWLER WHITE BOGGS P.A.
TAMPA. FORT MYERS. TALLAHASSEE . JACKSONVILLE · FORT LAUDERDALE

Burton W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 8

BWW/1090833

06/19/09

Communications with C. Nelson regarding drafting and revisions to settlement agreement and motion to approve settlement for Luis Perez (.2); review of Profiteer letter to Luis Perez in preparation for drafting settlement agreement and motion to approve settlement (.2); drafting, review and revisions to Settlement Agreement for Luis Perez (.7);
drafting, review and revisions to Motion to Approve Settlement for Luis
Perez (.6).

ASSET
06/22/09

SKI

1.70 hrs.

Receipt and review of spreadsheets and documents from Ms. Moyers at PDR regarding foreign investor Weatherhead and conference with Mr. Nelson (.5); research regarding MKM Longboat MS Fund per conference with Mr. Nelson (.2). ASSET JCR
Compile back up and data for responses to profiteer inquiries.

0.70 hrs.

06/22/09

ASSET KLS

4.10 hrs.

06/23/09

Telephone conference with Nortman regarding Bullock (A); telephone conference with Forrest regarding Carty (A); letter from F. Moseley
regarding settlement (A); call from S. Alexander regarding Laurel

Mountain easement (.7).

ASSET
06/23/09

CRN

1.90 hrs.

Communications with C. Nelson regarding preparation of settement

agreement and motion to approve settlement for Lincoln Trust - FBO
Robert Bullock (.2); review of Demand Letter and correspondence

regarding settlement with Robert Bullock in preparation for drafting settlement agreement and motion to approve settlement (.2); drafting,
review and revisions of Settement Agreement for Lincoln Trust-FBO Robert Bullock (.6); drafting, review and revisions of motion to approve settlement for Lincoln Trust-FBO Robert Bullock (.7); communications with C. Nelson regarding preparation of settement agreement and motion

to approve settlement Dr. John Fletcher (.2); review of Demand Letter

and correspondence regarding settlement with Dr. John Fletcher in preparation for drafting settlement agreement and motion to approve
FOWLER WHITE BOGGS P .A.
TAMPA · FORT MYERS · TALLAHASSEE . JACKSONVILLE. FORT LAUDERDALE

Buiion W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 9

BWW/1090833

settlement (.2); drafting review, and revisions of Settlement Agreement for Dr. John Fletcher (.6); drafting review and revisions of motion to
approve settement for Dr. John Fletcher (.5).

ASSET SKI

3.20 hrs.

06/24/09

E-mail to R. Walter regarding Fletcher (.3); e-mail to W. Nortman
regarding Bullock (.3); call from L. Perez regarding settlement agreement

(A); edited Bullock Settlement Agreement (A); edited Fletcher
Settement Agreement (.5).

ASSET
06/25/09
Conferred with Burt Wi

CRN

1.90 hrs.

and regarding Carty settlement (.3); e-mail to

Forrest regarding Carty settlement (.3).

ASSET CRN
ASSET
JCR

0.60 hrs.

06/26/09

Review of correspondence from investors (.2); review and organization from investor fies in preparation for response per conference with Mr.
Nelson (.8).

1.00 hrs.

06/26/09

Communications with C. Nelson regarding revisions to settement agreement and motion to approve settlement for The James A. Carty Revocable Trust (.1); review of e-mail from opposing counsel for The

James A. Carty Revocable Trust, regarding content of Settlement
Agreement (.1); revisions and review to Settlement Agreement for The

James A. Carty Revocable Trust, review and revisions to Motion to
Approve Settlement for The James A. Carty Revocable Trust (.6); e-mail to C. Nelson enclosing drafts of Settlement Agreement and Motion to Approve Settlement for The James A. Carty Revocable Trust (.2).

ASSET SKI

1.00 hrs.

06/29/09

Received order approving Perez settlement (.1); conferred with Rizzo regarding accountings (.2); e-mail to Perez advising of settlement (.2); reviewed Krapalos account documents (.3); letter to McDonald regarding Krapalos (.3); e-mail to R. Forrest forwarding settlement agreement (.3);
letter to C. McConnell regarding investment (.3); edited Carty Settlement Agreement (.5); edited and fied Perez motion to approve (.5).
FOWLER WHITE BOGGS P.A.
TAMPA. FORT MYERS. TALLAHASSEE · JACKSONVILLE · FORT LAUDERDALE

Buiion W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 10

BWW/1090833

ASSET
06/29/09

CRN

2.70 hrs.

Communicate with Kathy Salo regarding packets of investor materials to respond to profiteer response letters.

ASSET JCR
ASSET KLS
SKI

0.20 hrs.

06/30/09

Communication with forensic expert regarding profiteer analysis reports and upcoming second list of profiteers.

0.60 hrs.

06/30/09

Monitoring settement agreements, settlement payments, and approval
orders and review of settlements chart. ASSET

0.50 hrs.

TOT AL Asset Analysis and Recovery
Case Administration

$18,807.00

73.00 hrs.

06/26/09

Compile back up and data for response to profiteer inquiries.

CASE KLS
CASE
KLS

0.20 hrs.

06/29/09

Continue with compilation and analysis of back up data for profiteer
inquiry response (1.3); communication with forensic accountant

regarding same (A).
1.70 hrs.

TOTAL Case Administration

$266.00

1.90 hrs.

FOWLER WHITE BOGGS P .A.
TAMPA. FORT MYERS. TALLAHASSEE · JACKSONVILLE · FORT LAUDERDALE

Burton W. Wiand
Re: Scoop Legal Team - Recovery from Investors

August 28, 2009 Invoice 723016
Page 11

BWW/1090833

Summary of Fees
Carl R Nelson
Kathryn Salo

Jeffrey C Rizzo

Seema Kella

Hours 41.50 10.60 5.80 17.00

RatelHr 325.00 140.00 140.00 193.50

Dollars 13,487.50 1,484.00 812.00 3,289.50

TOTAL 74.90 19,073.00
Disbursements Through 06/30109

Fees for Professional Services Rendered.......................................................

$

19,073.00

06/29109

Photocopies 26 pages
$

3.90 3.90

-fotal Disburseinents ........................................................................................................
TOTALS FOR THIS

INVOICE
19,073.00 3.90 19,076.90

Pees for Professional Services...............................................................................................
Disbursements ........ .... ....... ............. ......... ......... ........................... ........................... ....... ... .....

-rOTAL DUE FOR THIS INVOICE................................................................................. $

FOWLER WHITE BOGGS P.A.
TAMPA · FORT MYERS. TALLAHASSEE · JACKSONVILLE · FORT

LAUDERDALE

FOWLER~
Air()rnc~:;'i~¡~ WHITE BOGGS

Burton W. Wiand Powler White Boggs P.A. 501 East Kennedy Blvd., Suite 1700
Tampa, Florida 33602

August 28, 2009 Invoice 723016 Tax # 59-1280172 BWW/1090833

Roc: 1090833

Scoop Legal Team - Recovery from Investors

***REMITTANCE ADVICE***
Payment is due upon receipt.

Please remit this page with your payment.
Fees Due This Invoice
19,073.00
3.90

Disbursements Due This Invoice

l'OTAL DUE FOR THIS MATTER......................................................................................... $

19,076.90

FOWLER WHITE BOGGS P .A.
TAMPA. FORT MYERS. TALLAHASSEE · JACKSONVILLE . FORT LAUDERDALE
501 EAST KENNEDY BLVD., SUITE 1700 . TAMPA, FLORIDA 33602 · P.O. Box 1438 · TAMPA, FL 33601

TELEPHONE [phone]. FAX [phone] .WW.FOWLERWHlTE.COM
EXPENSES ARE BILLED AT ACTUAL COSTS DETERMINED IN ACCORDANCE WITH ABA GUIDELINES