Securities and Exchange Commission v. Nadel et al

Filing 690

RESPONSE in opposition re #675 Unopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection Procedure Objection and Opposition to Receiver's Motion to Approve Determination and Priority of Claims and Supporting Memorandum of Law filed by TRSTE, Inc., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: #1 Exhibit Declaration of TRSTE, Inc. records custodian, #2 Exhibit Receiver's February 6, 2009 letter, #3 Exhibit Declaration of Mayda Nahhas, #4 Exhibit SDNY Preliminary Order of Forfeiture/Final Order of Forfeiture, #5 Exhibit SDNY Indictment, #6 Exhibit Declaration of W. Samuel Woodard, Esq.)(Barnett, Ana)

Download PDF
EXHIBIT D el Case 1 :09-cr-00433-JGK DOCUIvIL^r UNITED STATES D]STRICT COTJR SOUTHERN DISTRTCT OF NEW of 7 i ELECTRONICALLY FILED UNITED STATES OF ATYIERICA, PRELTMTNARY ORDER OF FORFETTIIRE/FINAT OF FORFETTURE AS TO -v- - ORDER ÐEFENÐÀNT'S INTEREST IN SPECTFTC PROPERTY ARTHUR NADEIJ, Defendant. 09 Cr. 433 (JcK) --x WHEREAS, on or about Apri1 28, 2009, ARTHUR NADEL, (the "defendant'), was charged in a fj-fteen-count rndictment. 09 cr. 433 (JGK) (the "Indictment,'), wíth, securities fraud, in violation of Titl-e. i-5, united stat,es code, sections 78j (b) & 79ff, Titre 17, code of Federal Regulat.ions, sectior, z4o.10b-5, and Title 18, united states code, sectíon 2 (counts one through si>c); mair fraud in viol-aÈion of TiEle 18, united sLates code, sections 1341 and 2 (count seven); and wire fraud in- viol_ation of Title 1-8, unit.ed-states code, sect.ions 1343 and 2 (counts night Ëhrough Fifteen) ,. the fndictment. j_ncludes forfeiture allegatíons, providing notíce that the Government is seeking, pursuant to Tit.Ie 18, united sûðtes code, section 9Bl_(a) (1) (c) WHEREAS, and Tílle 28, uniLed staËes code, section 246]-, a1r property, rear and personal, that constitutes or is derived from proceeds tsraceab]-e Eo ÈÌ¡e commission of the fraud offenses, including, but noÈ l-imitred t,o, the following: case 1:09-cr-00433-JGK Document d.. 78 Fited 12ro2t1o page 2 oÍ T A sum of money equal to $162,000,000 in United States currency, representing the amount. of proceeds obtained as a result of the fraud offenses arreged in counts one through Fifteen of the fndictment; b. Any and aIl funds on deposít in AccounL, No. 2840L09316 herd ín the name of Marguerite .f. Nadel- Revocable Trust at Northern Trust, N.A.; c- d. e. The real property and appurtenances known and described as L5576 Fruitvj-I1e Road, Sarasot.a, Florida; The real property and appurLenances known and, described 131- Garren Creek Road, Fairview, North Carolina,. The real property and appurtenances known and. described as approximately acres and forty-five lots in the of Scoop CapiLal, LLC, in Thomasville, Georgj_a; f. name The real property and appurEenances known and.-.d.e.scribed as approximat.ely-thirty-seven acres in the name of Capital, LLC, in Grady County, Georgia,. All right, -title, and i¡rterest in the ent.ity known and. Scoop E described as the venice 'Jet center locat,ed in venice, Florida.; h. All right, tit.le, and interest in the entities known and described as Laurel Mount.ain preserve, LLC, Laure1 I LLc, and Laurel Mountain preserve Homeowners AssociaLion, Inc., including, but not limited þo, 4ZO Preserve Case 1:09-cr-00433-JGK DocumentTS Filed 121Q2110 Page 3 of 7 Ò acres in Buncombe county and McDowel-l- county, North Carolina; i. All right, titre. and interest in the entity known and described as Tradewind, LLc, including, buÈ not Limited Eo, five airplanes, one heIícopter, and thirty-one airyort Ìrangars, rocated in Newnan-coweta county Airport, Georgia; j. and All right, title, and. interest in the entity known and described as the cuy-Nadel_ Found.ation, Inc - ; WHEREAS' on or about February 24, 2oro, the defendant pled guilty to counts one through Fifteen of the rndictment pursuant to a plea agreement with the Government ("the Agreement" ) ; in the Agireement, the defendant agreed to forfeiL Lo the-Government a sum of money equal to _$.162,000,000 in united states currency (the "Money Judgment,,), and. alI of his WHEREAS, right, title and inÈerest in the following properties: (a) Any and aIl- funds on deposit in Account No. 2g401093L6 held in the name of Marguerite J. Nadel Revocable Trust at Northern Trust., N.A.,(b) The real property and appurtenances known and d.escribed as L5576 Fruitvi-Ile Road, Sarasota, Florida; (c) The real property and appurtenances known an¿ described as 131_ Garren Creek Road, Fairview, North Carolina,(d) Tf¡e real- propertry and appurte¡tances known and. described as approximately fourteen acres and forty-five l_ots in th.e name of Scoop Capital , LLC, in Thomaãvil1e, Georgia; case 1:09-cr-00433-JGK Document 78 Filed 12ro2l1o page 4 of T (e) The real property and. appurtenances known and described as approximaEely thirty-seven acres in the name of Scoop Capital, LLC, in Grady County, Georgia; (f) All right., titre, and interest in the entity known and. described as Ëhe venice Jet center rocated ín venice, Flori-da; (g) À11 right, t.itle, and int,erest in Ehe entities known and described as Laurel Mountain preserve, LLc, Laurel Preserve, LLc, and Laurel Mountain preserve Homeowners À.ssociation, rnc., including, but. not, ri-mited Eo, 4zo acres in Buncombe counEy and McDowell count.y, North Carolina; (h) Ä.11 right, titre, and Ínterest in the entity known and descri-bed as Tradewind, r,Lc, incruding, but noE limited to, five airplanes, one helicopLer, and thirty_one airport Lrangars, located in Newnan-Coweta County Àirport, Georgia; and (i) Arr right, t.itl-e, and interest in the entity known and described as the Guy-Nade1 Foundation, Inc. (hereinaf ter the ..Specif ic properties,, ) ; on or about October 1_4, 2010, the defendant was sentenced and ordered to forfeit his interesE in che speci fic WHEREAS, Properties a¡rd to E,he Morrey Judgment; pursüant to 21 U-S.C- S 853 (g), the U¡ited stat,es is now entitled, pendi-ng any assertion--of t.hird-party claims, Eo reduce the specific properties to its possession and }ùHEREAST to noE.ify any and. alr potential purchasers and t.ransferees thereof of it.s interest thereÍn; case 1:09-cr-00433-JGK Document NOW, THEREFORE, 1- IT IS 78 Fited 12ro2r1o page s of 7 ORDERED, AD,JTTDGED AND DECREED THAT: As a result of the offenses charged i-n counts one ttrrough fifteen of the rndictment, to which Ehe defendant enLered a guilty p1ea. a Money .Tudgment in the amounÈ of $162,000,000 shal-L bé entered against the defendant, as such sum represents property, real and personal, derived from the offense charged in counts one througtr Fifteen of the rndictment. 2- A1r of Ehe defendant's right, title and ínterest in the Specific Properties is forfeited to the United States for disposition in accordance with the law, subject to the provisions of 2t U-S.C. S 8s3 (n) . entry of this preliminary Order of Forfeiture, the Unit.ed States Marshals Service (or its designee) is authorized to seize the specific prope:rties and-hoId the 3. Upon speciJic Properties in it.s secure, cu-s.tody and contror. 4. Pursuant to 21 It.S.C. S 853 (n) (1) , Rule ,32.2 (b) (6) of the Federal Rules of Criminal procedure, and Rules G(4) {a) (iv) (C) and G(s) (a) (íi) of the Supplsrnsntal Rutes for. certain Admiralty or Maritime claims and Asset Forfeiture Actions, the united states shall publish for at least thirty (30) consecut.ive days on the offj-cial government internet forfeiture site, www-forfeiture.gov, noüice of this preLiminary order of Forfeit.ure. .A,ny person, otl.er than the defend.ant in this case, claiming an interest in the specific properties must fire a Case 1:09-cr-00433-JGK Document 78 Fjled 12lO2l1O page 6 of 7 petition within sixty (60) days from the first day of publication of the notice on this officiar government internet siter or no later than thirty-five (35) days from the mailing of actual notice, whÍchever is earlier. 5. This notice shall state that. Èhe petition shall- be for a hearíng tro adjud.icate the vaLiditry of trhe petiÈioner, s alleged interest .in one or more of the specífic properties, sharl be signed by the petitioner under penalty of perjury, and sharl forth the nature and extenË of the petitioner,s right, Eitle and int.erest ín the Specific Properties and any addit.ional facts supporting the pet.itioner's claim and the reLief sought,, pursuant to2]- U-S.C. S 853(n). seÈ 6 . Pursuant to Rule 32.2 (b') (6) of the Federal Rul-es of criminal Procedure, the Government shaI1 send noti.ce to any person who reasonabry appears to be a potent.ial craimant. wíth standing to contest the forfeÍture in the ancillary proceedíng. 7. adjudication of all third-party inÈerests, this Court will enter a Final Order of ForfeiËure with.respect to the Specific Properties pursuant Eo 2l_ U.S.C. S53 (n) and RuIe 32.21c) t,2) of t.he Federai Rules of Criminal proced.ure, Ín which Upon all third-party interests will be addressed 8 - The Court. sha11 retain juri-sdiction to enforce this order, and t.o amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e) Case 1:09-cr-00433-JGK Document 9. 78 Filed 1ZO2|1O Page 7 ot 7 Pursuant to Rule 32.2(b) (3) of the Federat_ Rules of criminar Procedure, upon ent.ry of this preliminary order of Forfeíture, the united states Attorney's office is authorized to conduct any discovery needed to identify, locate or dispose of forfeÍtable property, ÍncludÍng depositions, interrogatories, requests for producEíon of documents and the issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure. 10. The Clerk of the Court shall forward three certified copies of this order to Assistant U.S. Attorney Levin, One St. Andrew's Plaza, New York, New York, 10007. Sharon Dated: New York, New York october )l , zoto ,fOHN G. KOELTL D]STRÏCT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?