Free Declaration - District Court of Arizona - Arizona

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MOLLY M. WHITE, Cal. Bar No. 171448 E-mail: [email protected] JOHN B. BULGOZDY, Cal. Bar No. 219897 E-mail: [email protected] Attorneys for Plaintiff Securities and Exchange Commission Randall R. Lee, Regional Director Michele Wein Layne, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. SECURITY TRUST COMPANY, N.A., et al., Defendants. Case No. CV-03-2323-PHX-JWS DECLARATION OF MOLLY M. WHITE SUPPORTING EX PARTE APPLICATION FOR AN ORDER LIFTING STAY OF DISBURSEMENT OF FUNDS

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DECLARATION OF MOLLY M. WHITE I, Molly M. White, declare as follows: 1. I am Senior Trial Counsel with the United States Securities and

Exchange Commission (the "Commission") admitted to practice law by this Court and the State of California. I represent the Commission in this action. I make this declaration based on my personal knowledge, and if called to testify I could and would do so competently. 2. By late May of 2006, the Commission staff believed that it had

reached a settlement in principal with all of the remaining defendants in this litigation. The Commission has now approved settlements with Defendant Nicole McDermott and Defendant William Kenyon. Commission counsel plans to soon file papers implementing the settlements the Commission reached with McDermott and Kenyon. 3. The Commission continued to discuss settlement with Defendant

Seeger's prior counsel, with Defendants Seeger while Seeger represented himself pro se, and with Defendant Seeger's new counsel, Jess Lorona. On September 18, 2006, the Commission learned that Mr. Seeger was not willing to resolve the action on the terms that the parties had been discussing. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 5th day of October 2006 at Los Angeles, California.

/s/ Molly M. White MOLLY M. WHITE

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PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: [X] U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036. Telephone: (323) 965-3998 Fax: (323) 965-3908 On October 5, 2006, I served the document entitled DECLARATION OF MOLLY M. WHITE SUPPORTING EX PARTE APPLICATION FOR AN ORDER LIFTING STAY OF DISBURSEMENT OF FUNDS upon the parties to this action addressed as stated on the attached service list: [X] OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices. I am readily familiar with this agency's practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. [ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with Express Mail postage paid.

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PERSONAL SERVICE: I caused to be personally delivered each such envelope by hand to the office of the addressee. FEDERAL EXPRESS: By placing in sealed envelope(s) designated by Federal Express with delivery fees paid or provided for, which I deposited in a facility regularly maintained by Federal Express or delivered to a Federal Express courier, at Los Angeles, California. FAX (BY AGREEMENT ONLY): By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. (Federal) I declare that I am employed in the office of a member of the bar of this Court, at whose direction the service was made. I declare under penalty of perjury that the foregoing is true and correct. /s/ Magnolia M. Marcelo MAGNOLIA M. MARCELO

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Date: October 5, 2006

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SEC v. Security Trust Company, et al. United States District Court - District of Arizona Case No. CV 03-2323 PHX JWS (LA-2781) SERVICE LIST Jess A. Lorona, Esq. Dodge, Anderson, Mableson, Steiner, Jones, & Horowitz, Ltd. 3003 North Central Avenue, Suite 1800 Phoenix, AZ 85012 Email: [email protected] Attorney for Defendant Grant D. Seeger Henry Mazurek, Esq. Law Offices of Gerald L. Shargel 570 Lexington Avenue, 16th Floor New York, NY 10022 Email: [email protected] Attorney for Defendant William Kenyon William M. Brodsky, Esq. Fox Horan & Camerini LLP 825 Third Avenue, 11th Floor New York, NY 10022 Email: [email protected] Attorney for Defendant Nicole McDermott

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