Securities and Exchange Commission v. Nadel et al

Filing 812

NOTICE by Burton W. Wiand Notice Of Filing Appraisals Of Receivership Real Property Located In Graham, Alamance County, North Carolina (Attachments: # 1 Exhibit A - Jeffrey Skeahan Rite Aid Appraisal, # 2 Exhibit B - Roscoe Shiplett Rite Aid Appraisal)(Cohen, Jonathan)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC., CASE NO.: 8:09-cv-0087-T-26TBM Defendants, SCOOP REAL ESTATE, L.P., VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC., VICTORY FUND, LTD, VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, LLC. Relief Defendants. _______________________________________/ NOTICE OF FILING APPRAISALS OF RECEIVERSHIP REAL PROPERTY LOCATED IN GRAHAM, ALAMANCE COUNTY, NORTH CAROLINA Burton W. Wiand, as the Court-appointed Receiver (the “Receiver") for Scoop Real Estate, L.P.; Valhalla Investment Partners, L.P.; Victory IRA Fund, Ltd.; Victory Fund, Ltd.; Viking IRA Fund, LLC; and Viking Fund, LLC, by and through his undersigned counsel, hereby provides notice of filing the attached appraisals of the Receivership Estate’s real property located at 841 South Main Street in Graham, Alamance County, North Carolina (the “Property’). 1   1. On March 2, 2012, this Court granted the Receiver’s Motion to Appoint Appraisers Pursuant to 28 U.S.C. § 2001 to Appraise Receivership Real Property in Graham, North Carolina (Doc. 739) to the extent that (a) Thomas J. Skeahan of CB Richard Ellis Valuation & Advisory Services (“Skeahan”), whose appointment Wells Fargo Bank, N.A. (“Wells Fargo”) did not oppose, was appointed as one of the three appraisers to appraise the Property; (b) Wells Fargo was directed to file the name of the second appraiser to appraise the Property with this Court on or before March 9, 2012; and (c) the Receiver was directed to file the name of the third appraiser to appraise the Property with this Court on or before March 9, 2012. 2. On March 8, 2012, the Receiver submitted Roscoe W. Shiplett, MAI of Grubb & Ellis Landauer Valuation Advisory Services, LLC (“Shiplett”) as the third qualified appraiser to be appointed to provide the required appraisal for the Property, so that the Receiver may proceed with seeking approval of a private sale of the Property. (Doc. 781) The Court subsequently entered an order appointing Shiplett as an additional appraiser to appraise the Property on March 9, 2012.1 (Doc. 784) 3. On March 20, 2012, Skeahan, whose appointment Wells Fargo did not oppose, submitted his firm’s appraisal of the Property to the Receiver, which is attached hereto as Exhibit A. As set forth in the appraisal, after conducting a thorough analysis of the Property, it was determined that the Property has a current market value of $2,400,000.00. 4. On April 4, 2012, Shiplett submitted his firm’s appraisal of the Property to the Receiver, which is attached hereto as Exhibit B. As set forth in the appraisal, after conducting a thorough analysis of the Property, it was determined that the Property has a current market value of $2,600,000.00.                                                              1 On March 8, 2012, Wells Fargo also submitted the name of its preferred appraiser, Carol Lomax Fortenberry, whom the Court also appointed as an additional appraiser to appraise the Property in its order dated March 9, 2012. (Doc. 784) 2   Respectfully submitted, s/ Jonathan B. Cohen Jonathan B. Cohen (FBN 0027620) jcohen@jameshoyer.com James, Hoyer, Newcomer & Smiljanich, P.A. One Urban Centre, Suite 550 4830 West Kennedy Blvd. Tampa, FL 33609 Telephone: (813) 397-2300 Facsimile: (813) 397-2310 Attorney for the Receiver, Burton W. Wiand CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 10, 2012, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. I FURTHER CERTIFY that on April 10, 2012, I will mail 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 Butner Low Federal Correctional Institution P.O. Box 999 Butner, NC 27509 s/ Jonathan B. Cohen 3  

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