Free Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:04-cv-01267-WYD

Document 70-2

Filed 04/15/2008

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Exhibit A

Case 1:04-cv-01267-WYD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Document 70-2

Filed 04/15/2008

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DECLARATION OF STACEY N. WITCHEL

I, Stacey N. Witchel, am over eighteen years of age and state the following facts which I know of my own personal knowledge. 1. I am the Financial Controller of Gilardi & Co. LLC ("Gilardi"), which is located

at 3301 Kerner Boulevard, San Rafael, CA 94901. 2. Gilardi was appointed Distribution Agent for the SEC v. Qwest Communications

Settlement Fund (the "Fair Fund") in the Order Granting Plaintiff's Unopposed Motion for Distribution of Funds in CRIS Account and Application for Appointment of Distribution Agent, Civil Action No. 1:04-cv-01267-WYD, filed February 24, 2006 (the "Order"). The Order directs, in part, that Gilardi, in its role as Distribution Agent, be paid its reasonable fees and costs, subject to approval of the Commission and the Court. 3. Consistent with our direction from the Commission, Gilardi has provided services

in connection with distributing the Fair Fund to Fair Fund participants. Attached is a true and correct copy of our invoice for providing services and incurring certain expenses for the period May 22, 2007 through March 10, 2008. 4. Please authorize payment in the amount of Three-Hundred-Forty-Nine-Thousand-

Eight Dollars ($349,008.00) to Gilardi, payable via wire transfer from Bank of the West account number 756-013215. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 21st day of March, 2008 in San Rafael, California.

s/ Stacey N. Witchel Stacey N. Witchel

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