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. 17

EXHIBIT

I

v

FOWLER(§
Atrorney...n LJ.\\ '\Vr' B

fsrl9l5 wHITE OGGS

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

August 28, 2009 Invoice 723015 Tax # 59-1280172
Page 1

BWW/1091021
Re: 1091021

Scoop Legal Team - Recovery of Commissions
Professional Services Through 06/30/09

Asset Analysis and Recovery
05/04/09

Review communications from Jason Lessinger, Donald Rowe's attorney
(.1); strategize memorializing communications in a letter and possibly filing a motion to compel (.2). ABT ASSET

0.30 hrs.

05/04/09

Continue drafting and revising the internal memorandum regarding the potential exposure under federal securities laws for recommending
investments through publications without disclosing compensation

interests and providing transaction-based commissions to unregistered individuals (2.0); proof read, edit and submit the same for review to B.
Wiand and G. Morello (.5).

ASSET
05/05/09

DH

2.50 hrs.

Revise internal memorandum of law regarding liability under the federal
securities laws for sharing transaction based commissions with
unregistered individuals and touting securities without disclosing

compensation interests to include analysis under Florida's blue sky
provisions.

ASSET
05/11/09

DH

1.80 hrs.

Meeting with Receiver regarding lawsuits against individuals who were paid commissions. ASSET ABT
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

0.60 hrs.

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

Dockets.Justia.com

Burton W. Wiand
Re: Scoop Legal Team - Recovery of Commissions

August 28, 2009 Invoice 723015
Page 2

BWW/i091021

05/12/09

Review legal memorandum regarding grounds for suing those who
received commissions as a result of Nadel's scheme (.5); review documents received thus far from those who received commissions (.3);
factual research regarding individuals who received commissions (.3);

develop action plan for clawback of commissions (demand letters,
settlement, lawsuits) (.4).

ASSET
OS/22/09

ABT

1.50 hrs.

Review of prior communications with Donald Rowe's attorney regarding document production, in preparation of demand letter.

ASSET ABT
ABT

0.10 hrs.

OS/27/09

Conference regarding documents received from subpoena target who
received commissions.

ASSET
06/12/09

0.10 hrs.

Review documents produced by Donald Rowe for evidence of payments (.3); review prior correspondence with Rowe's attorney, Jason Lessinger (.3); preparation of letter to Lessinger demanding documents responsive to subpoena (1.0). ASSET ABT

1.60 hrs.

06/16/09

Communications (e-mail and telephone) with counsel for Donald Rowe

regarding production of financial-related documents and regarding
substitution of counseL.

ASSET
06/17/09

ABT

1.10 hrs.

Review spreadsheet regarding recipients of commissions and calculate

amounts received by Alpha Ventures, Don Rowe (through his entities), Michael Corcione, Steve Ellis, and Kelvin Lee (.7); review spreadsheet regarding gains and losses and investigate information contained in same (1.1); preparation of template demand letter to recipients of commissions and fictitious profits (1.0); communications regarding whether recipients profited (.1). ASSET ABT

2.90 hrs.

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

Burton W. Wiand
Re: Scoop Legal Team - Recovery of Commissions

August 28, 2009 Invoice 723015
Page 3
BWW/i091

021

06/18/09

Preparation of template demand letter to recipients of commissions, including settlement offer (.4); review of documentation in support of
same (.4); communications with and review of documents from

accounting professionals regarding (i) false profits and (ii) commissions (.7); communications with counsel for Donald Rowe regarding document

production (.2); update file regarding same (.2); strategize additional steps to take regarding Rowe's document production (.2); review of
documents from Alpha Ventures Securities / Daniel Blumberg (1.1).

ASSET ABT

3.20 hrs.

06/18/09

Communicate with Ashley Trehan regarding demand letters to persons who received commissions. JCR ASSET

0.10 hrs.

06/19/09

Receipt and review of additional documents from Bil Price regarding recipients of commissions (.4); communications regarding subpoena of Sea Gate and review and sign same (.4).

ASSET ABT

0.80 hrs.

06/22/09

Receipt and review of documentation related to commissions from PDR (.7); communications with PDR CPA regarding same (.2).

ASSET ABT

0.90 hrs.

06/24/09

Met with Receiver to discuss status of lawsuit against Don Rowe (.5); revise demand letter (.5); communications with Michelle Moyers (PDR CP A) regarding amounts of commissions and, if applicable, profits
received (.2); preparation of chart regarding same (.3); communications

with John Chapman of Norton Hammersley regarding representation of Nadel (et al.) with respect to Rowe dispute (.1).

ASSET ABT
CRN

1.60 hrs.

06/24/09

Edited Commission recovery letters. ASSET

0.70 hrs.

06/25/09

Communications with Randy Sterns (attorney for Rowe) regarding tax

FOWLER WHlTEBOGGS P.A.
TAMPA · FORT MYERS · TALLAHASSEE. JACKSONVILLE · FORT LAUDERDALE

Burton W. Wiand Rc: Scoop Legal Team - Recovery of Commissions

August 28, 2009 Invoice 723015
Page 4

BWW/1091021

documents (.2); communications with John Chapman regarding matters

in which he represented Nadel and/or Receivership Entities and/or
relegated individuals and entities, and review Don Rowe's documents regarding same (.4); prepare and send memorandum to Receiver
summarizing conversation with Chapman (.3); communications with Guy

Burns regarding Don Rowe's documents (.1); receipt and review of spreadsheet of commissions from Michelle Moyers (PDR CPA) and communications with Michelle regarding same (.5); preparation of
demand letters to recipients of commissions (1.5).

ASSET ABT
ABT

3.00 hrs.

06/29/09

Review spreadsheet with additional information regarding Donald Rowe's commissions (.1); preparation of demand letters to recipients of
commissions (.6).

ASSET
06/29/09

0.70 hrs.

Demand letters to Commission recipients. ASSET

CRN

1.20 hrs.

06/29/09

Correspondence from Mr. Burns regarding Donald Rowe.

ASSET JCR
$5,037.95

0.10 hrs.

TOT AL Asset Analysis and Recovery

24.80 hrs.

Summary of Fees
Hours

Carl R Nelson Ashley Bruce Trehan Dominique Pearlman
Jeffrey C Rizzo

1.90 18.40

TOTAL 24.80 5,037.95
FOWLER WHITE BOGGS P.A.

4.30 0.20

Rate/Hr 325.00 193.50 193.50 140.00

Dollars 617.50 3,560.40 832.05 28.00

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

$

5,037.95

TAMPA · FORT MYERS · TALLAHASSEE · JACKSONVILLE · FORT LAUDERDALE

BU1ion W. Wiand

Rc: Scoop Legal Team - Recovery of Commissions

August 28, 2009 Invoice 723015
Page 5

BWW/i091021

Disbursements Through 06/30/09
05/31/09 06/18/09

Westlaw Online Research - May 2009
Facsimiles 18 pages
$

0.00
14.40 14.40

'rota! Disburse1nents ........................................................................................................

TOTALS FOR THIS INVOICE
Fees for Professional Services...............................................................................................
Disbursements... ..... ...... .............. ...... ....... ........ ... ............... ..... .... ......... .................... .... ...... ....

'rOTAL DUE FOR THIS INVOICE................................................................................. $

5,037.95 14.40 5,052.35

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

FOWLER(§
Attornc'f'i.n r...\.. "'V"T B

fcql9'l3 wHITE OGGS

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

August 28, 2009 Invoice 723015 Tax # 59-1280172 BWW/i091021

R.e: 1091021

Scoop Legal Team - Recovery of Commissions

***REMITTANCE ADVICE***
Payment is due upon receipt. Please remit this page with your payment.
Fees Due This Invoice
5,037.95
14.40

Disbursements Due This Invoice

'rOT AL DUE FOR THIS MATTER......................................................................................... $

5,052.35

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.FOWLERWHITE.COM
EXPENSES ARE BILLED AT ACTUAL COSTS DETERMINED IN ACCORDANCE WITH ABA GUIDELINES