Free Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 141

Filed 10/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-CV-0645-JLK

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. KENNETH ROY WEARE, a/k/a ROY WEAVER, J & K GLOBAL MARKETING CORPORATION, and AAA-AUCTION.COM, INC., Defendants.

UNOPPOSED MOTION TO DISBURSE FUNDS TO PAY TAX OBLIGATIONS

The SEC files this unopposed motion requesting that the Court enter an order directing the Clerk of the Court to pay $227.50 from the Distribution Fund currently held in this case to the "Damasco & Associates, Trust Account," for payment to the Internal Revenue Service of penalties and interest due for late payment of taxes for the year 2004. On October 7, 2004, the SEC deposited funds (Distribution Fund) it had recovered from J&K Global Marketing's bank account in Grenada into the registry of the court. However, no tax returns were filed for the Distribution Fund until after the Tax Administrator was appointed on January 18, 2006, and therefore penalties and interest accrued. Payment is due on November 13, 2006. Pursuant to Local Rule 7.1, counsel for the SEC has consulted with the Receiver, who has no objection to this payment from the Distribution Fund. Therefore, counsel for the SEC respectfully requests that the court order the Clerk of the Court to pay $227.50 from the Distribution Fund currently held in this case to the "Damasco &

Case 1:01-cv-00645-JLK

Document 141

Filed 10/18/2006

Page 2 of 3

Associates, Trust Account," for payment of penalties and interest for 2004. The SEC requests that the Court order the Clerk of the Court to pay the $227.50 from the interest earned in the Distribution Fund before using the principal. Counsel for the SEC will provide the Clerk of the Court with the means to send these funds to the Tax Administrator by Federal Express courier. DATED: October 18, 2006 Respectfully submitted,

s/ Leslie J. Hughes Leslie J. Hughes Counsel for Plaintiff Securities and Exchange Commission 1801 California Street, Suite 1500 Denver, CO 80202 (303) 844-1000 Switchboard (303) 844-1068 Facsimile Email: [email protected]

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Case 1:01-cv-00645-JLK

Document 141

Filed 10/18/2006

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CERTIFICATE OF SERVICE

I hereby certify that on October 18, 2006, a true and correct copy of the foregoing UNOPPOSED MOTION TO DISBURSE FUNDS TO PAY TAX OBLIGATIONS and PROPOSED ORDER was mailed postage pre-paid, to the following addresses: Kenneth Weare 84168-198 FCI Terminal Island Federal Correctional Institution 1299 Seaside Avenue Terminal Island, CA 90731 (Individually and as agent for J&K Global Marketing and AAA-Auction.com) And served by electronic mail through the Court's CM/ECF system to the following addressee: Michael D. Burns John Paul Anderson (Receiver) Patton MacPhee & Associates, Inc. 1775 Sherman Street, Suite 2900 Denver, CO 80203 [email protected]

s/Leslie J. Hughes Leslie J. Hughes