Securities and Exchange Commission v. Nadel et al

Filing 237

DECLARATION of Carl R. Nelson re 236 MOTION for issuance of order to show cause as to Why Conservation Easement Should Not Be Extinguished by Burton W. Wiand. (Attachments: # 1 Exhibit A - Deed of Conservation Easement, # 2 Exhibit B - Appraisal, # 3 Exhibit C - Pages from 2005 Tax Return, # 4 Exhibit D - Order and Complaint filed in W.D.N.C.)(Nelson, Carl)

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Securities and Exchange Commission v. Nadel et al Doc. 23 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. 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 CARL R. NELSON IN SUPPORT OF RECEIVER'S MOTION FOR ORDER TO SHOW CAUSE AS TO WHY CONSERVATION EASEMENT SHOULD NOT BE EXTINGUISHED Carl R. Nelson declares as follows: 1. I am an attorney with Fowler White Boggs P.A. in Tampa, Florida, and coCase No. 8:09-cv-0087-T-26TBM counsel in this matter for the Court-appointed Receiver, Burton W. Wiand (the "Receiver"). I make this declaration in support of the Receiver's Motion for Order to Show Cause as to why Conservation Easement Should Not Be Extinguished (the "Motion"), which is being filed along with this declaration. Dockets.Justia.com 2. Attached as Exhibit A is a true and correct copy of the Deed of Conservation Easement, which shows that Laurel Mountain granted the 169-acre easement (the "Easement") that is the subject of the Motion to the Carolina Mountain Land Conservancy (the "Conservancy) on or about December 1, 2005. 3. Attached as Exhibit B is a true and correct copy of an appraisal of the 169 acres that are subject to the Easement. 4. Attached as Exhibit C are pertinent pages from Arthur Nadel and his wife's income tax return for the year 2005. Among other things, the tax return shows that Nadel took a deduction of $1,800,000 as "not capital gain property donated to 30% limit organizations." (Ex. C at 4.) 5. Attached as Exhibit D is a true and correct copy of the Order Reappointing Receiver and Complaint filed on June 10, 2009, in the Western District of North Carolina. These court documents establish that this Court has jurisdiction over the property that is the subject of the Receiver's Motion. See 28 U.S.C. 754; see also 28 U.S.C. 1692. I declare under the penalty of perjury that the foregoing is true and correct and is executed this 23rd day of November, 2009. s/ Carl R. Nelson Carl R. Nelson, FBN 0280186 cnelson@fowlerwhite.com FOWLER WHITE BOGGS P.A. P.O. Box 1438 Tampa, FL 33601 T: (813) 228-7411 F: (813) 229-8313 2 CERTIFICATE OF SERVICE I hereby certify that on November 23, 2009, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. I further certify that I mailed the foregoing document and the notice of electronic filing by first-class mail to the following non-CM/ECF participants: Arthur G. Nadel Register No. 50690-018 Metropolitan Correctional Center, New York 150 Park Row New York, NY 10007 I further certify that I mailed the foregoing document, its exhibits, and the notice of electronic filing by certified mail and email to counsel for the Carolina Mountain Land Conservancy and the Assistant Attorney General for the State of North Carolina at the following addresses: Sharon B. Alexander Prince, Youngblood & Massagee, PLLC 240 Third Avenue West Hendersonville, NC 28739 sbalexander@pym-law.com Co-Counsel for the Carolina Mountain Land Conservancy Sueanna P. Sumpter North Carolina Department of Justice Attorney General's Western Office 42 North French Broad Avenue Asheville, North Carolina 28801 wossumpt@ncdoj.gov Assistant Attorney General, State of North Carolina s/ Carl R. Nelson Carl R. Nelson, FBN 0280186 William W. Weeks The Conservation Law Center 116 S. Indiana Avenue Bloomington, Indiana 47408 wwweeks@indiana.edu Co-Counsel for the Carolina Mountain Land Conservancy 3

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