Securities and Exchange Commission v. Nadel et al

Filing 991

DECLARATION of Gianluca Morello re 990 Response in Opposition to Motion by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
Defendants,

CASE NO.: 8:09-cv-0087-T-26TBM

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.
/
DECLARATION OF GIANLUCA MORELLO IN SUPPORT OF
THE RECEIVER’S OPPOSITION TO THE MOTION OF
CLAIMANT ELENDOW LLC TO MODIFY ORDER DISALLOWING CLAIM
Gianluca Morello declares as follows:
1.

I am an attorney with Wiand Guerra King P.L. in Tampa, Florida, and I represent

Burton W. Wiand, as Receiver, in this and other cases.
2.

I make this declaration based on information personally known to me and in

support of the Receiver’s Opposition To The Motion Of Claimant Elendow LLC (“Elendow”)
To Modify Order Disallowing Claim (the “Opposition”).

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3.

Attached as Exhibit A is a true and correct copy of the claims package sent to

Elendow on June 4, 2010, which contains a cover letter from the Receiver, a Notice to Creditors,
and a Proof of Claim form,
4.

Attached as Exhibit B is a true and correct copy of a letter from the Receiver to

Elendow regarding its untimely claim, dated February 10, 2011.
5.

Attached as Exhibit C is a true and correct copy of a letter from the Receiver to

Elendow regarding the filing of the Determination Motion (as that terms is defined in the
Opposition), dated December 9, 2011.
6.

Attached as Exhibit D is a true and correct copy of a letter from the Receiver to

Elendow regarding the Court’s granting of the Determination Motion, dated March 8, 2012.
7.

The Receiver and his counsel have searched their files but have no record of

having received the August 11, 2011, letter Philip Stillman, counsel for Elendow, purportedly
sent to “Claims Dept.” See Stillman Decl., ¶ 13, Ex. 4 (Doc. 980-2).
8.

The Receiver’s Proof of Claim form directed claimants to “[p]rovide one mailing

address where you … authorize receipt of all future communications relating to this claim,” and
Elendow listed Mr. Waldman’s address in Bozeman, Montana.
I DECLARE under the penalty of perjury that the foregoing is true and correct and is
executed this 18th day of March, 2013.
s/ Gianluca Morello
Gianluca Morello, FBN 034997
[e-mail]
WIAND GUERRA KING P.L.
5505 West Gray Street
Tampa, FL 33609
Tel: [phone]
Fax: [phone]
Attorney for the Receiver, Burton W. Wiand
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