Securities and Exchange Commission v. Nadel et al

Filing 652

Unopposed MOTION for attorney fees Receiver's Unopposed Ninth Interim Motion for Order Awarding Fees, Costs and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: #1 Exhibit 1-Standardized Fund Accounting Report, #2 Exhibit 2-Receiver's 9th Interim Report, #3 Exhibit 3-Scoop Receivership-Rep of Scoop Receivership, #4 Exhibit 4-Scoop Receivership-Carolina Mtn Land Conservancy, #5 Exhibit 5-Scoop Receivership-Recovery from Investors, #6 Exhibit 6-Scoop Receivership-Recovery of Assets from N. and C. Moody, #7 Exhibit 7-Scoop Receivership-Recovery of Commissions, #8 Exhibit 8-Scoop Receivership-Holland & Knight, #9 Exhibit 9-Categorization and Summary of WGK Costs, #10 Exhibit 10-Attorney Fee Schedule, #11 Exhibit 11-Scoop Legal Team-Scoop Capital, LLC Receivership, #12 Exhibit 12-Fowler White, #13 Exhibit 13-Scoop Legal Team-HFH v. B. Bishop, #14 Exhibit 14-Scoop Legal Team-Carolina Mtn Land Conservancy, #15 Exhibit 15-Scoop Legal Team-Recovery from Investors, #16 Exhibit 16-Johnson, Pope, #17 Exhibit 17-Scoop Legal Team-Recovery of Assets from N. and C. Moody, #18 Exhibit 18-Scoop Legal Team-Recovery of Commissions, #19 Exhibit 19-Scoop Legal Team-Holland & Knight, #20 Exhibit 20-PDR, #21 Exhibit 21-E-Hounds, #22 Exhibit 22-The RWJ Group, LLC, #23 Exhibit 23-Cheney, Brock & Saudek, P.C., #24 Exhibit 24-Goosmann Rose Colvard & Cramer, P.A., #25 Exhibit 25-Proposed Order)(Morello, Gianluca)

EXHIBIT 17

Wiand Guerra King P.L.
3000 Bayport Drive
Suite 600
Tampa, F L 33607
Telephone: [phone]
Facsimile: 813-347-5198
Federal Tax ID #

27-0937962

Burton W. Wiand

September 07, 2011

Wiand Guerra King, P.L

C l i e n t :

3000 Bayport Drive, Ste. 600

IVlatter:

Tampa, FL 33607

Invoice #:
Page:

0 2

53

0 5

091072
2742
1

RE: Scoop Legal Team - Recovery of Assets from Neil and
Chris Moody

For Professional Services Rendered Through April 30, 2011

SERVICES
Date
ASDIS

TKPR

Description of Services

Hours

Amount

A s s e t Disposition

1/7/2011

GG

Conference with Mr. Morello and Mr. Lamont re: Rustic
Ovens (.4); conference with Mr. Crisson re: financial status
of restaurants (.5); review financials (.7); evaluate potential
of taking restaurants into Receivership given current
conditions (.6).

2.2

$715.00

1/13/2011

GG

Work on disposition of assets (1.0); telephone conference
with J. D. Padilla (.1); locate and retain restaurant
appraiser (.4).

1.6

$520.00

1/14/2011

GG

Work on disposition of assets (1.0); telephone conference
with J. D. Padilla (.1); locate restaurant appraiser (.4).

1.5

$487.50

1/17/2011

GG

Review analysis by Mr. Price of Quest Assets (.4).

0.4

$130.00

1/18/2011

GG

Contact Mr. Fowler regarding appraisal of Rustic Oven
Equipment (.2).

0.2

$65.00

4/26/2011

GG

Revise settlement agreement & forward same to Quest
(.6).

0.6

$195.00

6.50

$2,112.50

Total: A s s e t Disposition
ASSET

A s s e t Analysis and Recovery

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page:

2

SERVICES
Date
ASSET

TKPR

Description of Services

Hours

Amount

A s s e t Analysis and Recovery

1/3/2011

GG

Review revisions to settlement agreement proposed by Mr.
Felman (.5); revise agreement in accordance therewith
(.5).

1.0

$325.00

1/3/2011

GG

Correspondence from Mr. Rizzo regarding prospective
short sale by C. Moody of Hillview property (.1); follow up
with Mr. Morello regarding N. Moody IRS check (.1);
forward settlement papers to Mr. Felman (.1);
correspondence to Mr. Felman with notice of settlement
(.1); correspondence with C. Moody requesting additional
documentation regarding Quest projections (.2); exchange
correspondence with Mr. Felman regarding execution of
settlement documents (.1); receipt and review of
correspondence from IRS requesting signature on POA
(.1).

0.8

$260.00

1/3/2011

GM

Communications with Mr. Felman regarding N. Moody (.1).

0.1

$31.50

1/3/2011

JR

Receipt of correspondence from C. Moody regarding
Hillview property and communicate with Mr. Jernigan
regarding same (.1); receipt of fax/correspondence from
IRS regarding POA related to C. Moody and communicate
with Mr. Price regarding same (.2).

0.3

$42.00

1/4/2011

GG

Review correspondence from Wells Fargo regarding
encumbrances on LaBellasara condominium (.2); receipt
and review of executed settlement agreement from C.
Moody's counsel (.1); review same (.1).

0.3

$97.50

1/4/2011

GM

Reviewed N. Moody's settlement agreement draft (.5).

0.5

$157.50

1/5/2011

GG

Telephone conference with C. Moody regarding Quest (.5);
brief report to Receiver regarding same (.1); litigation
group meeting (2.2).

2.8

$910.00

1/5/2011

GG

Telephone conference with C. Moody regarding proposal
to Quest and prospective repayment of loan (.3);
correspondence from Mr. Felman regarding treatment of
tax refund and payment to Mr. Moody (.1).

0.4

$130.00

1/5/2011

ML

Analyze settlement agreement (.2); drafted notice of
settlement (.2); drafted motion to approve settlement (.5).

0.9

$243.00

1/6/2011

GG

Review notice of settlement and motion for confirmation of
same (.3).

0.3

$97.50

1/6/2011

GM

Considered issues regarding motion to approve settlement
regarding N. Moody (.2).

0.2

$63.00

1/6/2011

ML

Revised motion to approve settlement (.4); drafted
correspondence to S. Masel regarding motion to approve
(.2).

0.6

$162.00

1/7/2011

GG

Telephone conference with Mr. Price regarding tax returns
and refunds for Nadels and Moodys (.3).

0.3

$97.50

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page:

3

SERVICES
Date
ASSET

TKPR

Description of Services

Hours

Amount

A s s e t A n a l y s i s and Recovery

1/7/2011

ML

Revised motion to approve (.3); telephone call with S.
Masel regarding settlement with N. Moody (.2); drafted
amended notice of settlement (.1); conference with Mr.
Morello and Mr. Guerra regarding Rustic Oven (.4).

1.0

$270.00

1/11/2011

GG

Review Rustic Oven financials (.5); conference call with
Mr. Crisson regarding landlord issues (.5).

1.0

$325.00

1/11/2011

GG

Correspondence from C. Moody with information about
offer to invest in Quest (1.0).

1.0

$325.00

1/11/2011

GG

Telephone conference with Mr. Crisson regarding financial
situation and request by landlord (.4); telephone
conference with Mr. Crisson (.3).

0.7

$227.50

1/12/2011

GG

Contact Mr. Crisson regarding bank debt on restaurants
and supporting documentation (.1).

0.1

$32.50

1/12/2011

GG

Receipt and review of leases and bank note in connection
with negotiations with landlord and bank (1.5); contact Mr.
Jernigan regarding appraisal of restaurant equipment and
pickup of assets from Mr. Moody (.2); correspondence to
Mr. Jernigan regarding settlement and identification of next
steps regarding review and collections of assets to be
turned over in Denver, as well as visit to Rustic Oven (.4);
telephone conference with Mr. Crisson regarding change
of accounting firms as well as landlord's position on back
rent payments (.4).

2.5

$812.50

1/13/2011

GG

Receipt and review of correspondence from Mr. Felman
regarding delivery of tax refund check (.1); exchanged
correspondence with Mr. Fowler regarding appraisal of
restaurant equipment (.2).

0.3

$97.50

1/13/2011

JR

Communicate with Sarasota County recording department
regarding fees to record quit claim deed (.1); prepare
correspondence requesting recording of quit claim deed
regarding N. Moody LaBellasara condominium (.2).

0.3

$42.00

1/14/2011

GG

Receipt and review of correspondence from Ms. Barteaux
regarding delivery of N. Moody's tax return (.1).

0.1

$32.50

1/17/2011

GG

Receipt and review of Quest Energy Management
documents (.3).

0.3

$97.50

1/18/2011

GG

Telephone conference with Mr. Fowler regarding
appraisals of Rustic Oven equipment (.1); telephone
conference with Mr. Crisson regarding logistics of
appraisals (.1); correspondence to Mr. Fowler regarding
same (.1); receipt and review of correspondence from Mr.
Felman's office, including copy of IRS check to N. Moody
and forward same (.1).

0.4

$130.00

1/18/2011

GM

Addressed matters regarding C. Moody tax refund (.1).

0.1

$31.50

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page:

4

SERVICES
Date
ASSET

TKPR

Description of Services

Hours

Amount

A s s e t A n a l y s i s and Recovery

1/19/2011

GG

Telephone conference with Mr, Crisson regarding
prospective appraisal (.1); telephone conference with Mr.
Fowler regarding equipment appraisal (.1).

0.2

$65.00

1/19/2011

JR

Receipt and review of IRS refund checks for C. Moody (.1);
communicate with C. Moody and Mr. Price at PDR
regarding same (.1); meeting with C. Moody to endorse
IRS checks (.1).

0.3

$42.00

1/20/2011

GG

Telephone conference with Mr. Fowler regarding
prospective engagement to appraise restaurant equipment
(.2); telephone conference with Mr. Crisson regarding
restaurant operations, potential sale opportunities and
appraisal of equipment/restaurants (.4); exchange
correspondence with Mr. Fowler regarding cancellation of
appraisal (.2).

0.8

$260.00

1/21/2011

JR

Review of Northern Trust bank statements of N. Moody
(.7).

0.7

$98.00

1/24/2011

GG

Telephone conference with Mr. Crisson regarding potential
purchase of restaurant and financial performance over last
several days (.2).

0.2

$65.00

1/24/2011

JR

2,5

$350.00

1/25/2011

GG

1.6

$520.00

1/26/2011

GG

0.8

$260.00

Review or files and retrieval materials related to vehicle
lease agreements between Respiro and CDM per
conference with C. Moody (.5); review of Scoop
documentation related to N. Moody (2.0).
Exchange email correspondence with Mr. Crisson
regarding profit and loss information (.2); telephone
conference with Mr. Jernigan regarding arrangements to
pick up Moody assets and site visit to Rustic Ovens (.3);
review projections for Rustic Oven (.4); various emails with
Mr. Hernandez regarding Abarca v. Shell Oil (.4); various
emails with Mr. Jernigan regarding equipment appraisals at
Rustic Oven (.3).
Exchange correspondence with Mr. Felman regarding
settlement check and preparation for delivery of assets
(.3); correspondence with Mr. Crisson regarding offers on
Rustic Oven (.2); exchange emails with Mr. Jimenez and
Mr. Calderon (.3).

September 07, 2011
Client:
025305
IVlatter:
091072
Invoice #:
2742
Page:

5

SERVICES
Date

TKPR

ASSET

D e s c r i p t i o n of Services

Hours

Amount

A s s e t A n a l y s i s and Recovery

1/27/2011

GG

Exchanged correspondence with Mr. Jernigan regarding
assets to be collected from N. Moody (.2); exchange
correspondence with Mr. Lamont regarding status of SEC
approval on Moody settlement (.1); exchange
correspondence with Mr. Felman regarding arrangements
for pick up assets (.2); receipt and review of
correspondence from Mr. Felman regarding dismissal and
settlement check (.2); exchanged correspondence with Mr.
Felman regarding asset turnover and meetings with Mr.
Jernigan (.2); correspondence from Mr. Felman regarding
Motion to Approve Settlement (.2).

1.1

$357.50

1/27/2011

GM

Addressed matters regarding N. Moody assets (.2).

0.2

$63.00

1/28/2011

GG

Receipt and review of notice from IRS regarding Quest
interest (.2); exchanged correspondence with Mr. Price
regarding same (.1); Review correspondence from Otto
Wheeler concerning Viking's interest in Quest and the
reporting on the 1099 received from IRS (.1).

0.4

$130.00

1/28/2011

JR

Review of N. Moody asset list in preparation for interim
report per conference with Ms. Lockwood (.3).

0.3

$42.00

1/29/2011

GG

Correspondence from Mr. Price regarding additional
financial information required from Quest (.2).

0.2

$65.00

1/31/2011

GG

Execute Power of Attorney and deliver same to IRS (.2).

0.2

$65.00

2/1/2011

GG

Receipt and review of correspondence from Mr. Felman
regarding additional matters left to resolve in connection
with settlement (.2).

0.2

$65.00

2/2/2011

GG

Telephone conference with 1r. Moody regarding Quest
Energy (.3).

0.3

$97.50

2/2/2011

GM

Addressed matters regarding Moody assets (.2).

0.2

$63.00

2/3/2011

GG

Receipt and review of correspondence from C. Moody
regarding potential meeting with principals of Quest (.2);
correspondence to Mr. Morello and opposing counsel
regarding failure by Mr. Moody to turn over certain assets
(.3).

0.5

$162.50

2/3/2011

GM

Addressed issues relating to N. Moody's settlement (.2).

0.2

$63.00

2/3/2011

JR

Telephone conference with C. Moody regarding Quest and
arranging meeting with Mr. Guerra and Quest's principals
(.1); telephone conference with Mr. Brock and Mr. Harris
regarding recording list pendens for Vermont property (.2).

0.3

$42.00

2/4/2011

GG

Telephone call from C. Moody (.1).

0.1

$32.50

2/4/2011

JR

Review of photographs of assets of N. Moody provided by
Mr. Jernigan (.1).

0.1

$14.00

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page:

6

SERVICES
Date
ASSET

TKPR

Description of Services

Hours

Amount

A s s e t A n a l y s i s and Recovery

2/10/2011

GG

Receipt and review of original appraisal of restaurants in
Colorado (.5).

0.5

$162.50

2/12/2011

GG

Receipt and review of copy of summons and complaint
against Rustic Oven III from Mr. Crisson (.3); contact Mr.
Crisson regarding "Rustic Oven III" (.1).

0.4

$130.00

2/14/2011

JR

Receipt of check from IRS payable to C. Moody and
communicate with Mr. Price, Mr. Morello and C. Moody
regarding same (.1).

0.1

$14.00

2/15/2011

JR

Receipt and review of correspondence from IRS regarding
C. Moody's 2005 & 2006 tax refunds and communicate
with Mr. Price, Mr. Morello and Receiver regarding same
(.1).

0.1

$14.00

2/16/2011

JR

Communicate with C. Moody regarding potential short sale
of Hillview rental property and review contract and
communicate with Receiver regarding same (.2).

0.2

$28.00

2/17/2011

GG

Exchange correspondence with Mr. Crisson regarding
unlawful detainer action and origins of "Rustic Oven III"
(•4).

0.4

$130.00

2/18/2011

GG

Correspondence from Mr. Jernigan regarding appraisal
(.1).

0.1

$32.50

2/21/2011

GG

Contact Mr. Kratz at Colliers and Arnold regarding
prospective sale of Rustic Ovens (.2); exchange
correspondence with C. Moody regarding Quest offer of
settlement (.1); arrange meeting regarding same (.1).

0.4

$130.00

2/22/2011

GG

Receipt and review of correspondence from Mr. Crisson
and correspondence from Landlord regarding acquisition
of loan/promissory note (.2); telephone conference with C.
Moody regarding outline/proposal for settlement from
Quest (.6); prepare demand letter to Quest (.4).

1.2

$390.00

2/23/2011

GG

Review correspondence from Mr. Price regarding K-2
Hideaway and prepare response to same (.1); review
correspondence from Mr. Rizzo regarding ownership
interest (.1); correspondence from C. Moody regarding
Quest proposal for settlement (.2); telephone conference
with C. Moody regarding same (.3).

0.7

$227.50

2/25/2011

GG

Correspondence from C. Moody with formal proposal for
settlement on behalf of Quest (.4).

0.4

$130.00

2/28/2011

GG

Correspondence from Mr. Price regarding P. Nadel refund
(.2).

0.2

$65.00

3/1/2011

GG

Correspondence from C. Moody regarding Quest
settlement discussions (.1).

0.1

$32.50

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page;

7

SERVICES
Date

TKPR

ASSET

Description of Services

Hours

Amount

A s s e t Analysis and Recovery

3/2/2011

GG

Receipt and review of correspondence from C. Moody
regarding Quest settlement (.1).

0.1

$32.50

3/2/2011

GM

Considered structure of deal for Colorado home (.1).

0.1

$31.50

3/9/2011

GG

Receipt and review of IRS notice (.1).

0.1

$32.50

3/11/2011

GG

Counter-offer from C. Moody on Quest (.2).

0.2

$65.00

3/13/2011

GG

Respond to inquiry from Receiver regarding Queen's
Wreath Jewelry Store (.2).

0.2

$65.00

3/14/2011

GG

Correspondence from Mr. Rizzo regarding Queens Wreath
jewelry (.2); review materials regarding Queens Wreath
jewels in light of allegations of Mr. Moody's retention of
same (.3).

0.5

$162.50

3/14/2011

JR

Review Scoop documentation for information related to C.
Moody jewelry purchases and communicate with Mr.
Morello, Mr. Guerra, Mr. Lamont and Receiver regarding
same (2.0).

2.0

$280.00

3/15/2011

GG

Telephone call from Mr. Crisson regarding foreclosure of
restaurants (.2); correspondence regarding King Air and
transfer of title (.2); telephone conference with Harley
Davidson Finance Corporation representative regarding
transfer of King Air (.5); communication with Receiver
regarding cost of transfer of King Air. and possible benefit
to Receivership (.3).

1.2

$390.00

3/15/2011

JR

Receipt, review and reply to correspondence from C.
Moody regarding King Air (.1); review of Scoop
documentation for information related to jewelry purchases
(1.0).

1.1

$154.00

3/16/2011

JR

Communicate with C. Moody regarding transfer of Seagate
aircraft and review documentation regarding Seagate
investment (.8).

0.8

$112.00

3/18/2011

GG

Receipt and review of correspondence from Mr. Crisson
regarding foreclosure notice (.2).

0.2

$65.00

3/18/2011

GM

Addressed matters relating to N. Moody (.3).

0.3

$94.50

3/18/2011

JR

Communicate with Mr. Guerra regarding transfer of C.
Moody's interest in SeaGate and King Air and review of
documentation regarding same (.2).

0.2

$28.00

4/5/2011

JR

Receipt and review of correspondence from Mr. Guerra to
C. Moody regarding jewelry purchases (.1).

0.1

$14.00

4/7/2011

GG

Correspondence from Jim Felman regarding settlement
agreement (.3); respond to same (.3).

0.6

$195.00

4/7/2011

GG

Correspondence from Mr. Morello to Mr. Felman on
settlement issue.

0.2

$65.00

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page:

8

SERVICES
Date

TKPR

ASSET

Description of Services

Hours

Amount

A s s e t A n a l y s i s and Recovery

4/7/2011

GM

Addressed matters regarding N. Moody settlement (.2).

0.2

$63.00

4/13/2011

GG

Telephone call from C. Moody regarding settlement papers
and terms (.2).

0.2

$65.00

4/18/2011

GG

Receipt and review of IRS notice relating to Chris Moody.

0.2

$65.00

4/18/2011

JR

Receipt and review of correspondence from IRS regarding
C. Moody 2004 taxes (.1); communicate with Mr. Price at
PDR regarding notice from IRS (.1).

0.2

$28.00

4/20/2011

GG

Draft settlement agreement (1.0).

1.0

$325.00

4/20/2011

DF

Review and revise guaranty, promissory note, and security
for Respiro, Inc. (2.7).

2.7

$522.45

4/27/2011

GG

Correspondence from Chris Moody regarding Quest
settlement agreement.

0.1

$32.50

45.00

$12,335.45

51.5

$14,447.95

Total: A s s e t Analysis and Recovery
Total Professional Service;
DISBURSEMENTS
Date
E101
4/20/2011

Description of Disbursements

Amount

Photocopies
Photocopies @ .15 each (61 @ $0.15)

$9.15

Total Disbursements

Total Services
Total Disbursements
Total Current Charges
Previous Balance
Less

Payments

PAY THIS AMOUNT

$9.15
$14,447.95
$9.15
$14,457.10
$28,383.90
($28,383.90)
$14,457.10

September 07, 2011
Client:
025305
Matter:
091072
Invoice #:
2742
Page:

9

TASK RECAP
Services

Disbursements

Project No.

Hours

Amount

Project No.

Amount

NADEL-ASDIS

6.5

$2,112.50

Photocopies

$9.15

N A D E L - ASSET

45

$12,335.45

$0.00

51.50

$14,447.95

$9.15

BREAKDOWN B Y PERSON
Person

Project No.

Hours

Amount

GG

George Guerra

NADEL-ASDIS

6.5

$2,112.50

GG

George Guerra

N A D E L - ASSET

28.1

$9,132.50

ML

Michael Lamont

N A D E L - ASSET

2.5

$675.00

GM

Gianluca Morello

N A D E L - ASSET

2.1

$661.50

DF

Dionne Fajardo

N A D E L - ASSET

2.7

$522.45

JR

Jeffrey Rizzo

N A D E L - ASSET

9.6

$1,344.00

51.50

$14,447.95