Securities and Exchange Commission v. Nadel et al

Filing 437

SUPPLEMENT re #434 Emergency MOTION for miscellaneous relief, specifically (1) Possession of Funds and (2) Order to Show Cause As To Why Marguerite Nadel, Michael D. Zucker, and E. John Lopez Should Not Be Held In ContemptEmergency MOTION for miscellaneous relief, specifically (1) Possession of Funds and (2) Order to Show Cause As To Why Marguerite Nadel, Michael D. Zucker, and E. John Lopez Should Not Be Held In Contempt by Burton W. Wiand. (Lamont, Michael)

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. ____________________________________/ SUPPLEMENT TO RECEIVER'S VERIFIED (1) EMERGENCY MOTION FOR POSSESSION OF FUNDS AND (2) MOTION FOR AN ORDER TO SHOW CAUSE AS TO WHY MARGUERITE NADEL, MICHAEL D. ZUCKER, AND E. JOHN LOPEZ SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR VIOLATIONS OF THE COURT'S ORDER APPOINTING RECEIVER On July 15, 2010, the Receiver filed his verified motion for possession of funds and motion for an order to show cause as to why Marguerite Nadel ("Mrs. Nadel"), Michael Zucker ("Zucker"), and E. John Lopez ("Lopez") should not be held in contempt of court for violations of the Court's Order Appointing Receiver (the "Motion"). This supplement is being filed to respectfully request that the Court also direct Mrs. Nadel, Zucker, and Lopez to show cause why as a result of the actions discussed in the Motion they should Case No. 8:09-cv-0087-T-26TBM

not be held in contempt for violating Section II A. (Asset Freeze) of the Order of Preliminary Injunction and Other Relief as to Defendants Scoop Capital, LLC and Scoop Management, Inc. and All Relief Defendants (Doc. 7). That provision provides: The Defendants and Relief Defendants, their directors, officers, agents, servants, employees, attorneys, depositories, banks, and those persons in active concert or participation with any one or more of them, and each of them, who receive notice of this order by personal service, mail, facsimile transmission, or otherwise, except for the Receiver this Court has appointed, be and hereby are, restrained from, directly or indirectly, transferring, setting off, receiving, changing, selling, pledging, assigning, liquidating, or otherwise disposing of, or withdrawing any assets or property, including but not limited to cash, free credit balances, fully paid for securities, and/or property pledging or hypothecated as collateral for loans, or charging upon or drawing from any lines of credit, owned by, controlled by, or in possession of any Defendant or Relief Defendant. See Doc. 7 at 3-4. Status of Checks. The Receiver hereby notifies the Court that Mrs. Nadel delivered two checks to the Receiver. The Receiver is in possession of a check made payable to

Arthur Nadel in the amount of $672,403.16, which is the same amount previously represented by Zucker. See Ex. B at 32. The Receiver is also in possession of a check made payable to Mrs. Nadel in the amount of $588,956.17, which is $86,638.83 lower than previously represented by Zucker in his May 19, 2010 correspondence. Id. /s/ Michael Lamont Gianluca Morello, FBN 034997 [e-mail] Michael Lamont, FBN 527122 [e-mail] WIAND GUERRA KING P.L. 3000 Bayport Drive Suite 600 Tampa, Florida 33607 T: [phone] F: [phone] Attorneys for the Receiver, Burton W. Wiand

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CERTIFICATE OF SERVICE I hereby certify that on July 16, 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 emailed and faxed the foregoing document and the notice of electronic filing to the following non-parties: Clifford J. Hunt, Esq. Law Office of Clifford J. Hunt 8200 Seminole Boulevard Seminole, Florida 33772 Fax [phone] Email [e-mail] E. John Lopez, Esq. Norton, Hammersley, Lopez & Skokos, P.A. Sarasota City Center 1819 Main Street Suite 610 Sarasota, FL 34236 Fax [phone] Email [e-mail] Michael D. Zucker 5037 Willow Leaf Way Sarasota, FL 34241 Fax [phone] Email [e-mail] Marguerite Nadel (via email only) 1 [e-mail]

/s/ Michael Lamont Michael Lamont

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We received communication from Mr. Clifford Hunt today that he no longer represents Mrs. Nadel. In the abundance of caution, we are serving both Mr. Hunt and Mrs. Nadel as noted above.

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