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

Case 1:04-cv-01267-WYD

Document 60-2

Filed 07/26/2007

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Exhibit A

Case 1:04-cv-01267-WYD

Document 60-2

Filed 07/26/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

U.S. Securities and Exchange Commission, Plaintiff v. Augustine M. Cruciotti, Defendant. State of: California County of Marin ) ) SS )

Civil Action No. 1:04-cv-01267-WYD AFFIDAVIT OF: PETER L. CRUDO

Peter L. Crudo, being duly sworn, deposes and says: 1. I am the Chief Operating Officer at Gilardi & Co. ("Gilardi"), the

Distribution Agent in this case, located at 3301 Kerner Boulevard, San Rafael, California, 94901. Gilardi has extensive experience administering class action settlements, and particularly securities class action settlements. Gilardi has provided services that include, but are not limited to, the distribution of notice and administration of plans of allocation, in over 1,500 securities class action settlements over the last 20 years. 2. Gilardi was appointed Distribution Agent for the Distribution 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. 1:04cv-01267-WYD, issued February 24, 2006 (the "Order"). 3. Consistent with the Order and direction from Commission staff,

Gilardi has allocated the Distribution Fund, less a reserve for 2007 anticipated taxes and fees and expenses of the Tax Administrator and Distribution Agent, to persons who purchased Qwest's securities between July 27, 1999 and July 28, 2002 and submitted a

[[NYLIT:2426216v4:4038W:05/08/07--06:00 p]]

Case 1:04-cv-01267-WYD

Document 60-2

Filed 07/26/2007

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valid claim form. In accordance with the Distribution Plan and the minimum check limits established by the Commission in this matter, the Distribution Fund, which currently consists of approximately $267 million, will be allocated pro rata to approximately 200,000 investors. 4. Gilardi is in the final stages of processing and preparing for

distribution to verified class members. The mailing of the Distribution Fund checks is expected to commence on July 31, 2007 and should be completed within five (5) business days. 5. I declare under penalty of perjury under the laws of the United

States of America that the foregoing is true and correct. Executed this 25th day of July, 2007 in San Rafael, California.

s/ Peter L. Crudo Peter L. Crudo Subscribed and sworn to before me This 25th day of July, 2007, by Peter L. Crudo proven to me on The basis of satisfactory evidence To be the person who appeared before me. WITNESS my hand and official seal

s/ Matt Markham ­ Comm. # 1734543 Notary Public