Free Declaration - District Court of Arizona - Arizona

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MICHAEL A. PIAZZA, Cal. Bar No. 235881 E-mail: [email protected] MOLLY WHITE, Cal. Bar No. 171448 E-mail: [email protected] JESSICA RIGLEY MARREN, Cal. Bar No. 208074 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 JESSICA RIGLEY MARREN

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DECLARATION OF JESSICA RIGLEY MARREN I, Jessica Rigley Marren, hereby declare as follows: 1. I am a staff attorney with the United States Securities and Exchange

Commission (the "Commission") duly licensed to practice law before this Court. I am one of the attorneys representing the Commission in this action. I make this declaration of my own personal knowledge, and if called to testify I would and could do so competently. 2. In or about March 2006 the Commission staff reached an agreement

in principle with counsel for Defendant Nicole McDermott to resolve the pending matter against her. That settlement is pending Commission approval and is not yet final. 3. The staff has also been in active settlement negotiations with counsel

for Defendant William Kenyon and believes that an agreement between the staff and Defendant Kenyon is imminent. Once an agreement in principle is reached with Defendant Kenyon, the staff will seek the Commission's approval of the settlement. 4. It is my experience that once the staff submits settlement

recommendations to Washington, D.C., it generally takes 30 to 60 days for Commission approval. 5. The Commission staff has made several unsuccessful efforts to

resolve the case against Defendant Seeger. These efforts were made through telephone and e-mail communications with Susan Necheles, Defendant Seeger's attorney. In March 2006, during discussions regarding the March 31, 2006 Joint Status Report, Ms. Necheles told me that she did not represent Defendant Seeger in the Commission's action and that I should deal directly with Defendant Seeger. I told her that I did not have contact information for Defendant Seeger and asked that she provide it to me. She did not provide the information at that time and signed the Joint Status Report on behalf of Defendant Seeger. I have continued to
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request that Ms. Necheles provide me Defendant Seeger's contact information; however, to date she has not provided it. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 1st day of May, 2006 at Los Angeles, California.

/s/ Jessica Rigley Marren Jessica Rigley Marren

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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 May 1, 2006, I served the document entitled DECLARATION OF JESSICA RIGLEY MARREN 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. (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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[X]

Date: May 1, 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 Hugh H. Makens, Esq. Daniel R. Gravelyn, Esq. Warner Norcross & Judd LLP 900 Fifth Third Center 111 Lyon Street N.W. Grand Rapids, MI 49503 Attorney for Defendant Security Trust Company, N.A. Grant D. Seeger, Pro Se c/o Susan R. Necheles, Esq. Hafetz & Necheles 500 Fifth Avenue, 29th Floor New York, NY 10110 J. Alex Grimsley, Esq. Jacob A. Maskovich, Esq. Bryan Cave LLP Two N. Central Avenue, Suite 2200 Phoenix, AZ 85004-4406 Attorney for Defendant William Kenyon William M. Brodsky, Esq. Fox Horan & Camerini LLP 825 Third Avenue, 11th Floor New York, NY 10022 Attorneys for Defendant Nicole McDermott Ricardo E. Velez, Esq. Assistant Attorney General New York State Office of the Attorney General 120 Broadway New York, NY 10271 Attorneys for Intervenor

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