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)
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
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