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)

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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 Michael S. Lamont FBN 0527122 Jared J. Perez, FBN 0085192 Wiand Guerra King P.L. 3000 Bayport Drive Suite 600 Tampa, FL 33607 Tel: (813) 347-5100 Fax: (813) 347-5198 Attorneys for the Receiver, Burton W. Wiand 3

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