Free Petition - District Court of Arizona - Arizona

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Guttilla & Murphy, PC
Firm No. 00133300 Patrick M. Murphy (No. 002964) 4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

Attorneys for the Receiver

UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 Securities and Exchange Commission, 8 9
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

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) ) Plaintiff, ) vs. ) ) Ronald Stephen Holt; and International ) Funding Association, ) Defendants, ) ) and ) Annette Holt; American Assets Limited ) Trust; Leonora Street Trust; Dover ) Childrens Trust; Clarendon Avenue ) Holding Trust; Dublin Holding Trust; Jeffery Williams (aka Jeffrey Williams); ) ) Mari Ann Alston; Pacific Central Asset Management; and American Benefit Card ) ) Services, Inc. ) Defendants Solely for Purposes of ) Equitable Relief. ) ) )

Cause No. CV 03-1825 PHX PGR PETITION NO. 18 PETITION FOR ORDER APPROVING FEES AND COSTS INCURRED BY THE RECEIVER; GUTTILLA & MURPHY, P.C. AND A & A INVESTIGATIONS, LLC

Lawrence J. Warfield, as the court appointed Receiver, respectfully petitions the Court as follows: 1. On September 18, 2003, this Court entered its Order Appointing Receiver,

which appointed Lawrence J. Warfield as Receiver and ordered the Receiver, to collect,

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

receive and take exclusive custody and control and possession of certain assets of the defendants and relief defendants (AReceivership Order@). 2. Pursuant to Order Re Petition No. 1 the Court approved the Receiver=s

compensation at $150.00 per hour and approved the engagement of the Receiver's firm, Warfield & Company, to provide accounting and other support services to this Receivership at specified hourly rates together with all reasonable costs and expenses incurred on behalf of this Receivership. All services provided by the Receiver and his firm are payable, upon Court approval, to the Receiver's firm, Warfield & Company. 3. Pursuant to the Court's Order Re: Petition No. 1, the Receiver has engaged

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the services of the law firm of Guttilla & Murphy, P.C., of Phoenix, Arizona, and the Receiver has agreed to pay the law firm compensation at agreed hourly rates for the services of the firm together with all reasonable costs and expenses incurred on behalf of the Receiver. 4. Pursuant to the Court's Receivership Order, the Receiver has engaged the

services of the investigations firm of A & A Investigations, LLC, of Scottsdale, Arizona, and the Receiver has agreed to pay the investigations firm compensation at agreed hourly rates for the services of the firm together with all reasonable costs and expenses incurred on behalf of the Receiver. 5. Pursuant to the Court=s Order Re: Petition No. 2, the Receiver is authorized

to file this pay petition without including as exhibits the itemized statements of services rendered to, and costs incurred or expended on behalf of the Receivership, provided that pay petition includes a statement that anyone desiring additional information concerning the services and costs to be paid under the pay petition may obtain redacted information
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

from the Receiver by delivering to the Receiver and the Receiver's counsel, Guttilla & Murphy, P.C., a written request specifying the additional information requested within five (5) days of the filing of the pay petition. The Court's Order Re: Petition No. 2 further provides that upon request of the Court, the Receiver shall make available for in camera review by the Court, the itemized statements and supporting documentation for the services and costs to be paid under the pay petition. 6. The Receiver has submitted itemized statements for services rendered to

this Receivership by the Receiver and his firm, Warfield & Company, and for reimbursable costs incurred or paid during the period from April 1, 2004 through June 30, 2004. The total amount requested for payment by the Receiver and his firm is $29,683.66. The fees and expenses for this three month period include, among other things, time by the Receiver and his staff reviewing records in a continuing effort to ascertain the disposition of investor funds, identify investors, locate vehicles and other potential assets, provide information to investors, identify needed bank account records and analyze bank records produced by subpoena, investigate the source of funds used to purchase certain properties of the defendants, plan and execute the seizure of vehicles and other property from the Leonora Street property that Defendant Holt had refused to turn over voluntarily, copy and preserve data from computer hard drives, insure that Leonora Street property is adequately insured after Holt failed to maintain insurance, locate and secure art in Las Vegas that Defendant Holt failed to disclose and turn over, provide information to counsel for preliminary report to be filed with the Court, and provide information to counsel for use in preparing motion to hold Defendant Holt in contempt of

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Petition No. 18

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

the Court's orders . The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets. 7. The law firm of Guttilla & Murphy, P.C., has submitted itemized

statements for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from April 1, 2004 through June 30, 2004. The total amount requested for payment by the law firm of Guttilla & Murphy, P.C. is $34,774.35. The fees and expenses for this three month period include among other things, time by Receiver's law firm in preparing issuing, serving and enforcing subpoenas for bank records, continuing the review of county recorder records for real estate in which the defendants may have an interest, dealing with investors, recovering receivership records and expanding the document inventory, assisting in the location and recovery of artwork in Las Vegas, assist in locating Robert Stanford aka Jeffrey Williams, effectuating the transfer of title to seized vehicles to the Receiver in preparation for sale, preparing and filing Petition No. 3, Receiver's Preliminary Report, preparing and filing Petition No. 6 for Order Establishing Document Depository, preparing and filing Joint Motion for an Order to Show Cause and an Order Holding Defendant Ronald Stephen Holt In Contempt and supplement to same, attend contempt hearing, and draft proposed contempt order. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved these statements for payment. 8. The investigations firm of A & A Investigations, LLC, has submitted

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itemized statements for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from April 1, 2004 through June 30, 2004. The total amount requested for payment by the investigations firm of A & A Investigations, LLC is
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

$11,227.00. The fees and expenses for this three month period include among other things, time by the Receiver's investigator investigating leads of possible assets and persons with knowledge of the defendant's use of investor proceeds, locating Robert Stanford aka Jeffrey Williams, locating and recovering artwork found in Las Vegas, analyze bank records, confer with the Receiver and his counsel, surveillance and extensive travel for the Receiver, serve subpoenas, plan and execute seizure of vehicles and other property at Leonora Street property and coordinate same with the United States Marshal Service, and assist Receiver's counsel regarding contempt hearing. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved these statements for payment. 9. In accordance with the Receivership Order, the Receiver has consulted with

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the Securities and Exchange Commission concerning this fee application and the Commission has no objection to same. WHEREFORE, the Receiver respectfully requests that the Court enter an order approving this Petition No. 18 and authorizing the Receiver to pay from Receivership Assets: 1. The amount of $29,683.66 to Warfield & Company, for services rendered

and costs incurred or paid during the period April 1, 2004 through June 30, 2004; 2. The amount of $34,774.35 to Guttilla & Murphy, P.C., for services

rendered and costs incurred or paid during the period April 1, 2004 through June 30, 2004; and

Petition No. 18

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

3.

The amount of $11,227.00 to A & A Investigations, LLC, for services

rendered and costs incurred or paid during the period April 1, 2004 through June 30, 2004. Respectfully submitted this 12th day of August, 2005. GUTTILLA & MURPHY

s/Patrick M. Murphy Patrick M. Murphy Attorneys for the Receiver

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0835-001 (37208)

PROOF OF SERVICE This is to certify that a true copy of the foregoing Petition has been filed electronically with the Court and that the persons on the attached Master Service List designated as "Registered CM/ECF" will be served with the same by the Court's CM/ECF system; that a proposed Order has been e-mailed to the assigned Judge with copies to all persons on the attached Master Service List designated as "Registered CM/ECF"; and that the other persons on the attached Master Service List have been served with a copy of the Petition and proposed Order by First Class Mail on this 12th day of August, 2005.

s/Patrick M. Murphy Patrick M. Murphy

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Petition No. 18

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MASTER SERVICE LIST
SEC v. Ronald Stephen Holt, et al. United States District Court for the District of Arizona CV 03-1825 PHX FJM
(Rev. August 11, 2005)

Lawrence J. Warfield International Funding 14555 North Scottsdale Road, #340 Scottsdale, AZ 85254 Receiver Patrick M. Murphy Guttilla & Murphy, PC 4150 West Northern Avenue Phoenix, Arizona 85051 Registered CM/ECF: [email protected] Counsel for Receiver Marshall M. Gandy Securities and Exchange Commission 801 Cherry Street, Suite 1900 Fort Worth, TX 76102 Registered CM/ECF: [email protected] Counsel for SEC Merwin D. Grant Grant & Vaughn, P.C. 6225 North 24th Street Suite 125 Phoenix, Arizona 85016 Registered CM/ECF: [email protected] Attorney for Relief Defendant Annette Holt

and International Funding Association, Leonora Street Trust, Dover Children's Trust, Clarendon Avenue Holding Trust Dublin Holding Trust, Pacific Central Asset Management, American Benefit Card Services, Inc. c/o Ronald Stephen Holt Central Arizona Detention Center Detainee Ronald Holt 82642008 1155 N. Pinal Parkway Florence, Arizona 85232 Robert L. Stanford Jeffery Williams aka Jeffrey Williams 8415 W. Alex Avenue Peoria, Arizona 85382. Relief Defendant American Assets Limited Trust c/o Registered Agent Michael Bloomquist 4410 W. Union Hills #7-233 Glendale, Arizona 85308 Relief Defendant Mari Ann Alston 305 Nordina Street Redlands, California 92373 Relief Defendant James Vaughn 100 South Antietam Place Tucson, Arizona 85710

Ronald Stephen Holt

Suzanne Ingold

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Burch & Cracchiolo, P.A. 702 E. Osborn Rd. #200 P.O. Box 16882 Phoenix, Arizona 85014-5281 Timothy J. Mulreany Commodity Futures Trading Commission Division of Enforcement 1155 21st Street, N.W. Washington, D.C. 20581 Thomas M. Connelly 2425 East Camelback Rd. Suite 880 Phoenix, Arizona 85016-4208 Michael S. Reeves Attorney at Law 1212 E. Osborn Phoenix, AZ 85014-5533 Attorney for Defendant Ronald S. Holt

0835-001(19488)

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