Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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MOLLY M. WHITE, Cal. Bar No. 171448 E-mail: [email protected] Attorneys for Plaintiff Securities and Exchange Commission Rosalind Tyson, Acting Regional Director Michele Wein Layne, Associate Regional Director Andrew G. Petillon, 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 NOTICE OF MOTION AND MOTION TO PAY TAX ADMINISTRATOR'S FEES AND TO REMIT MONEY TO THE TREASURY

TO ALL DEFENDANTS AND THEIR COUNSEL OF RECORD: Notice is hereby given that the Plaintiff Securities and Exchange Commission ("Commission") will and hereby does move the Court for an Order to Pay the Tax Administrator's Fees and to Remit Money to the Treasury. On November 25, 2003, the Commission brought this action against the defendants claiming that they violated the federal securities laws. The Commission reached settlements with three defendants, pursuant to which the Commission set up a distribution fund (the "Distribution Fund") into which settlement payments were made. In December of 2005, the Court ordered that the
Case 2:03-cv-02323-JWS Document 120 Filed 09/13/2007 Page 1 of 2

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money in the Distribution Fund be distributed to 30 victimized mutual funds. The Court also ordered that Damasco & Associates be appointed as Tax Administrator for the Distribution Fund. Damasco has completed its work, and the money in the Distribution Fund has been distributed to the mutual funds. As the result of a successful abatement request and a small federal refund, a total of $ 2,091.15 remains in Damasco's client trust account. The Commission seeks an order directing that Damasco be paid $1528.45 in fees and that any remaining money belonging to the Distribution Fund be sent to the United States Treasury. The Commission therefore seeks an order directing Damasco & Associates to: 1) issue a check to Damasco for $1,528.45, drawn on its trust account, to pay its tax administrator fees; and 2) issue a check for any remaining funds to the Commission, which will deposit the funds with the United States Treasury. This motion is based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed herewith, the Declaration of Jude Damasco, the pleadings and papers on file herein, and upon such other matters as may be presented to the Court.

DATED: September 13, 2007

/s/ Molly M. White MOLLY M. WHITE Attorney for Plaintiff Securities and Exchange Commission

Case 2:03-cv-02323-JWS

Document1120

Filed 09/13/2007

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