Free Order of Distribution of Funds - District Court of Colorado - Colorado

Case 1:04-cv-01267-WYD

Document 16

Filed 08/31/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-D-1267(MJW) Securities and Exchange Commission, Plaintiff, vs. Augustine M. Cruciotti,. Defendant. ______________________________________________________________________________ ORDER TO DISBURSE FUNDS TO PAY TAX OBLIGATIONS ______________________________________________________________________________ The Court, having reviewed the Securities and Exchange Commission' Motion to s Disburse Funds to Pay Tax Obligations, and the supporting Declaration of the Tax Administrator (the " Declaration" and for good cause shown, ),

IT IS HEREBY ORDERED: 1. The Clerk of the Court shall issue a check on CRIS account number 604700, under the case name designation " SEC v. Augustine M. Cruciotti,"for the amount of $40,042 payable to Damasco & Associates, for the payment of tax obligations, as provided in the Declaration. The funds shall be distributed from the earnings of the Distribution Fund. The check shall contain the notation SEC v. Augustine M. Cruciotti Civil Action No. 04-D-1267, the Federal tax identification number for the Qualified Settlement Fund is 20-2883185, and payment identification " 2004 tax return." 2. The Clerk of the Court shall issue a check on CRIS account number 604700, under the case name designation " SEC v. Augustine M. Cruciotti,"in an amount not to exceed $12,000

Case 1:04-cv-01267-WYD

Document 16

Filed 08/31/2005

Page 2 of 2

payable to Damasco & Associates, for the payment of penalties and interest, as provided in the Declaration upon receipt of an affidavit from the Commission authorizing such amount. The funds shall be distributed from the earnings of the Distribution Fund. The check shall contain the notation SEC v. Augustine M. Cruciotti Civil Action No. 04-D-1267, the Federal tax identification number for the Qualified Settlement Fund is 20-2883185, and payment identification " 2004 penalties and interest." 3. The Clerk shall send the check by overnight mail to:Damasco & Associates 505 Sansome Street Suite 1701 San Francisco, CA 94111 Phone: 415-217-4900 The Commission' counsel shall provide the Court Registry with the necessary overnight s shipping information and the SEC' billing number. s

Dated: August 31, 2005 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge