Securities and Exchange Commission v. Nadel et al

Filing 65

Unopposed MOTION for miscellaneous relief, specifically Approval of Disposition of Leased Vehicle (Mercedes-Benz) by Burton W. Wiand. (Nelson, Carl)

Securities and Exchange Commission v. Nadel et al

Doc. 65

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,

CASE NO.: 8:09-cv-0087-T-26TBM

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 UNOPPOSED MOTION FOR APPROVAL OF DISPOSITION OF LEASED VEHICLE
Burton W. Wiand, as Receiver, by and through his undersigned counsel moves the
Court to approve disposition of a 2008 Mercedes-Benz leased to Valhalla Management, Inc.

by Mercedes-Benz Financial on behalf of Daimler Trust in accordance with the terms of the
Receipt and Release Agreement attached as Exhibit A.

MEMORANDUM IN SUPPORT
The Receiver was appointed by Order dated January 21, 2009 (Doc. 8), over several

Dockets.Justia.com

companies, including Valhalla Management, Inc. The Receiver has determined there is no

need for the Mercedes-Benz and there is no equity in the vehicle that could enure to the
benefit of the Receivership Estate. Therefore the Receiver wishes to terminate the lease and
return the vehicle to its owner, Mercedes-Benz Financial on behalf of

Daimler Trust.

The Court wil note that under the attached Receipt and Release Agreement
Mercedes- Benz Financial on behalf of Daimler Trust releases the Receiver and the

Receivership Estate from any claims it may have. The Receiver submits the proposed
resolution of the lease is in the best interest of the Receivership Estate and the defrauded
investors, because it wil dispose of a potential claim against the Receivership Estate.

LOCAL RULE 3.0l(g) CERTIFICATE OF COUNSEL
The undersigned counsel for the receiver has conferred with counsel for the SEC and
is authorized to represent to the Court that this motion is unopposed.

CERTIFICATE OF SERVICE
I hereby certify that on March 6, 2009, I electronically fied 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
participant:

Arthur G. Nadel Register No. 50690-018 New York MCC Metropolitan Correctional Center 150 Park Row New York, NY 10007

2

sf Carl R. Nelson

Carl R. Nelson, FBN 0280186 cnelson(qfowlerwhite.com Gianluca Morello, FBN 034997 gianluca.morello(qfowlerwhite. com Ashley B. Trehan, FBN 0043411 ashley. trehan(qfowlerwhite.com
Maya M. Lockwood, FBN 0175481

mlockwood(qfow 1 erwhi teo com

FOWLER WHITE BOGGS P.A. 501 E. Kennedy Blvd., Suite 1700
Tampa, FL 33602

Phone [phone]

Fax [phone] Attorneys for the Receiver Burton W. Wiand

3

RECEIPT AN RELEASE AGREEMENT
Mercedes-Benz Financial on behalf of Daimler Trust ("Lessor"), by and through its duly
authorized undersigned representative, in consideration of

the release to Lessor of a 2008 Mercedes-

Benz, VIN: WDBUF77X58B209597 (''the vehicle"), by Burton W. Wiand, as Receiver over
Valhalla Management, Inc. and other entities under order of

the United States District Court for the

Middle District of

Florida in Securities and Exchange Commission v. Arthur Nadel, et aI, Case No.:

8:09-cv-87-T-26TBM, hereby warrants Lessor is the title holder and owner of the vehicle;
acknowledges receipt of

the vehicle as is where is at the Venice Jet Center, Venice, Florida; and

releases the Receiver and the Receivership Estate of and from any claim Lessor may have, including

but not limited to claims under the terms of that certain Motor Vehicle Lease Agreement dated
5/9/2008 ("Lease Agreement").

Lessor further warrants that no security deposit was paid as contemplated by Paragraph 29 of
the Lease Agreement.

Nothing herein is to be deemed or considered to be a release of any rights Lessor may have

against any other party obligated under the terms of the Lease Agreement, and Lessor hereby
expressly reserves all such rights and remedies, at law or in equity.

Lessor acknowledges and agrees that a signed and electronically transmitted copy of this
document is as fully enforceable as an original document.
Mercedes-Benz Financial on behalf of

tè ti
. (Title)

Daimler Trust

Pri4ame: . f¡ i ti i

Its: '- ttfl (() rtc oaÇßI0

EXIT A

Date: 6/ Ú /09 ~i