Securities and Exchange Commission v. Nadel et al

Filing 670

NOTICE by Securities and Exchange Commission of No Objection to the Receiver Taking an Appeal of the September 29, 2011 Arbitration Order (Masel, Scott)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
CASE NO. 8:09-cv-87-T-26TBM
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.
/
PLAINTIFF’S NOTICE OF NO OBJECTION TO THE RECEIVER TAKING AN
APPEAL OF THE SEPTEMBER 29, 2011 ARBITRATION ORDER
Plaintiff Securities and Exchange Commission notifies the Court it has no objection to
the Receiver’s appeal of the September 29, 2011 arbitration order entered in the cases
encompassed by In Re Burton W. Wiand, as Receiver, Case No. 8:10-CV-71-T-17MAP. [See DE
668, 669 in the instant matter]. The Commission does not take a position on the merits of the
appeal at this time, but is not objecting since the appeal does not appear to interfere with the
receivership, and if the arbitration order is indeed in error it would be more efficient to obtain

appellate review now than after numerous arbitrations.

November 21, 2011

Respectfully submitted,
By:

s/ Scott A. Masel
Scott A. Masel
Senior Trial Counsel
Florida Bar No. 0007110
Direct Dial: [phone]
E-mail: [e-mail]
Lead and Trial Counsel
Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION
801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Telephone: [phone]
Facsimile: [phone]

CERTIFICATE OF SERVICE
I hereby certify that on November 21, 2011, I electronically filed the foregoing with the
Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to
the following:
Burton W. Wiand, Esq.
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Telephone: [phone]
Facsimile: [phone]
Court-appointed Receiver for Corporate Defendants
and Relief Defendants
Gianluca Morello, Esq.
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Receiver Burton W. Wiand

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Maya M. Lockwood, Esq.
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Co-counsel for Receiver Burton W. Wiand
I further certify that on the same date I mailed the foregoing document and the notice of
electronic filing by U.S. Mail or as indicated below to the following non-CM/ECF participant:
Arthur G. Nadel
Register No. 50690-018
FCI Butner Low
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509
Via U.S. Mail

s/ Scott A. Masel
Scott A. Masel, Esq.

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