Securities and Exchange Commission v. Nadel et al

Filing 686

NOTICE by Burton W. Wiand Of Mailing Court-Approved Notice Of Settlement With GSEC (Morello, Gianluca)

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.
/
NOTICE OF RECEIVER’S MAILING OF COURT-APPROVED
NOTICE OF SETTLEMENT WITH GSEC TO
INVESTORS AND POTENTIAL JOINT TORTFEASORS
On December 14, 2011, Burton W. Wiand, as Receiver (the “Receiver”), filed his
Motion to Approve Settlement (Doc. 679), which sought approval of a settlement reached
with Goldman Sachs Execution & Clearing, L.P. (“GSEC”).

Among other things, the

Motion to Approve Settlement sought entry of a bar order precluding any claims against
GSEC by investors or potential joint tortfeasors. Concurrently with the Motion to Approve
Settlement, the Receiver filed his Motion to Approve Proposed Notice of Settlement (Doc.

1

681), which sought approval of a proposed notice to be sent to investors, potential joint
tortfeasors, and other interested parties whose rights may be affected by the bar order (the
“Notice”), along with a proposed abbreviated notice for publication (the “Short Form
Notice”). That same day, the Court entered an Endorsed Order (Doc. 682) granting the
Receiver’s Motion to Approve Proposed Notice of Settlement.
This notice is being filed to inform the Court that copies of the Notice were deposited
with the United States Postal Service on December 15, 2011, for delivery by U.S. First Class
Mail to the last known address of all investors and potential joint tortfeasors known to the
Receiver.

Further, the Short Form Notice is scheduled to be published on Saturday,

December 17, 2011, in the Sarasota Herald Tribune and the Wall Street Journal national
edition.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 16, 2011, I electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system.
I FURTHER CERTIFY that on December 16, 2011, 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
FCI BUTNER LOW
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509

2

s/Gianluca Morello
Gianluca Morello, FBN 034997
[e-mail]
Michael S. Lamont FBN 0527122
[e-mail]
Jared J. Perez, FBN 0085192
[e-mail]
Wiand Guerra King P.L.
3000 Bayport Drive
Suite 600
Tampa, FL 33607
Tel: [phone]
Fax: [phone]
Attorneys for the Receiver, Burton W. Wiand

3