Securities and Exchange Commission v. Nadel et al

Filing 28

NOTICE by Burton W. Wiand re #22 Order on Motion for Miscellaneous Relief NOTICE OF DISPOSITION OF FUNDS (Nelson, Carl)

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, LLC. Relief Defendants. / RECEIVER'S NOTICE OF DISPOSITION OF FUNDS By Order dated January 30, 2009, (DOC. 22), the Court granted the motion of the Burton W. Wiand, as Receiver, to give the Receiver possession of $120,000 believed to be on deposit with Colonial Bank in the account of Shaul and Annie Blumenfeld. The CASE NO.: 8:09-cv-0087-T-26TBM

Receiver's motion was based on information provided by Wachovia Bank, N.A. that Arthur Nadel issued a check on the account of Scoop Capital, LLC payable to Wachovia to purchase an official check payable to the Blumenfelds. Upon receipt of a copy of the Order, Colonial Bank wired the funds to the undersigned counsel's firm's trust account.

On February 2, 2009, the undersigned counsel learned that Wachovia may have been mistaken and that the funds in the Blumenfelds' account did not come from the account of Scoop Capital, LLC. The undersigned counsel immediately contacted Wachovia and, after the bank investigated, was told Wachovia made a mistake and that two $60,000 official checks were purchased with the $120,000 check drawn on the account of Scoop Capital, LLC, neither of which was payable to the Blumenfelds. In the circumstances, the

undersigned counsel ordered an immediate wire transfer of $120,000 from his firm's trust account to the Blumenfelds' account at Colonial Bank to return the money to them. CERTIFICATE OF SERVICE I hereby certify that on February 2, 2009, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system, which will send a copy of the document and a notice of electronic filing to the following: Scott A. Masel, Esquire Securities and Exchange Commission 801 Brickell Avenue, Suite 1800 Miami, FL 33131 Andre J. Zamorano, Esquire Securities and Exchange Commission 801 Brickell Avenue, Suite 1800 Miami, FL 33131

s/ Carl R. Nelson Carl R. Nelson, FBN 0280186 [e-mail] Gianluca Morello, FBN 034997 [e-mail] Ashley B. Trehan, FBN 0043411 [e-mail] FOWLER WHITE BOGGS P.A. P.O. Box 1438, Tampa, FL 33601 [phone] Fax [phone] Attorneys for the Receiver Burton W. Wiand
40581978v1

2