Securities and Exchange Commission v. Nadel et al

Filing 750

Unopposed MOTION to extend time to file Memorandum by Securities and Exchange Commission. (Cream, Anita)

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;
and 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, LLC,
Relief Defendants.
UNCONTESTED MOTION FOR EXTENSION OF TIME
The United States of America, by and through the undersigned Assistant
United States Attorney, on behalf of the United States Attorney’s Office for the
Southern District of New York, pursuant to Federal Rule of Civil Procedure 6(b),
hereby moves the Court for a one-week extension of time to file its memorandum
in the above-captioned case, as directed by the Court in its Order filed February
3, 2012. The United States needs the brief extension because the Assistant
United States Attorney (“AUSA”) in the Southern District of New York who is
responsible for filing the memorandum, Jeffrey Alberts, is unable to do so by

tomorrow due to illness. AUSA Alberts has been running a fever for the past five
days and yesterday was diagnosed with pneumonia and ordered to stay home.
The United States Attorney’s Office for the Southern District of New York
(“USAO-SDNY”) has conferred with counsel for the Securities and Exchange
Commission (“SEC”); the SEC Receiver; Wells Fargo Bank, N.A.; Wells Fargo
Bank, N.A., as successor by merger to Wachovia Bank, N.A.; and TRSTE, Inc.,
all of whom consent to the requested extension.
In support of its motion, the United States submits the following
memorandum of law.
MEMORANDUM OF LAW
I.

Procedural History
On February 3, 2012, this Court issued an Order (the “Order”) (Doc. 733)

in connection with the December 7, 2011 motion of the SEC Receiver (Doc. 675)
and oppositions to the motion filed by several entities, including Wells Fargo and
TRSTE, Inc. (“TRSTE”) (Doc. 677, 689 & 690). In the Order, the Court directed
the USAO-SDNY to file a memorandum on or before February 23, 2012, outlining
its understanding of any agreement reached between the Receiver and the
Government with regard to the effect of the forfeiture order on this Court’s
authority to liquidate Defendant Nadel’s assets in order to compensate the
victims of Nadel’s criminal activities, and the legal basis for such agreement.
See Doc. 733 at 4, ¶ 5.

2

Jeffrey Alberts, Assistant United States Attorney for the Southern District
of New York, has been primarily responsible for asset forfeiture matters in
connection with the Nadel prosecution virtually since its inception in the USAOSDNY, and is responsible for filing the memorandum due February 23, 2012 in
the above-captioned case. However, AUSA Alberts has been running a fever for
the past five days and yesterday was diagnosed with pneumonia. His doctor
directed him to stay home. AUSA Alberts is therefore not able to complete and
file the memorandum within the prescribed time period.
II.

Local Rule 3.01(g) Certification
The USAO-SDNY has conferred with counsel for the SEC; the SEC

Receiver; Wells Fargo Bank, N.A.; Wells Fargo Bank, N.A., as successor by
merger to Wachovia Bank, N.A.; and TRSTE, Inc., all of whom consent to the
requested extension.
III.

Applicable Law
Federal Rule of Civil Procedure 6(b) provides, in pertinent part, that the

Court may extend the time to respond to a motion for good cause “with or without
motion or notice if the court acts, or if a request is made, before the original time
or its extension expires . . . .” Fed. R. Civ. P. 6(b)(1)(A). The requested
extension is necessary because the AUSA who is familiar with and responsible
for filing the memorandum is unable to do so because of illness. Moreover, the
requested extension will not cause any undue delay or prejudice.

3

IV.

Conclusion
For the foregoing reasons, the United States requests that the Court

extend the time for the USAO-SDNY to file the memorandum directed by the
Court in its February 3, 2012 Order (see Doc. 733, at 4, ¶ 5) from February 23,
2012, to March 1, 2012.
Respectfully submitted,
ROBERT E. O’NEILL
United States Attorney

By:

s/Anita M. Cream
ANITA M. CREAM
Assistant United States Attorney
Florida Bar Number 56359
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
[phone] - telephone
[phone] - facsimile
E-mail: [e-mail]

4

CERTIFICATE OF SERVICE
I hereby certify that on February 22, 2012, 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:
Scott A. Masel, Attorney Advisor
Division of Enforcement
Securities and Exchange Commission
801 Brickell Ave., Suite 1800
Miami, FL 33131
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Ana T. Barnett, Esquire
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.
Counsel for Wells Fargo Bank, N.A., as successor by merger
to Wachovia Bank, N.A.
Counsel for TRSTE, Inc.
150 W. Flagler St., Suite 2200
Miami, FL 33130
Tel.: 305-789!3514
Fax: 305-789!3395
Email: [e-mail]
Louis Joseph Shaheen, Jr.
Akerman Senterfitt
Counsel for Wells Fargo Bank, N.A.
401 E. Jackson St., Suite 1700
Tampa, FL 33602!5803
Tel.: 813!209!5016
Fax: 813!223!2837
Email: [e-mail]

5

Gianluca Morello, Esquire
Wiand Guerra King, P.L.
Counsel for Receiver Burton W. Wiand, Esquire
3000 Bayport Dr., Suite 600
Tampa, FL 33607
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
I further certify that on February 22, 2012, I mailed the foregoing document
and the notice of electronic filing by first-class mail to the following non-CM/ECF
participant:
Arthur G. Nadel
Reg. No. 50690-018
FCI Butner Low
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509

s/Anita M. Cream
ANITA M. CREAM
Assistant United States Attorney

6