Free Motion to Deposit Funds - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 137-2

Filed 09/21/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-K-0645

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. ORDER TO DEPOSIT AAA-AUCTION.COM'S FUNDS INTO REGISTRY OF THE COURT The Court has considered the request of Plaintiff Securities and Exchange Commission (SEC) to enter an order directing the First Bank of Colorado to pay into the registry of the court $16,072.13 that it holds in the account or accounts of AAA-Auction.com, Inc. The Court finds that a final judgment was entered on January 15, 2002 in which defendant AAA-Auction.com, Inc. was ordered to pay disgorgement of $623,250 and prejudgment interest of $142,724.40. To date, AAA-Auction.com has not paid any funds into the registry of the court to satisfy the judgment. First Bank of Colorado is currently holding funds in an account of AAA-Auction.com. IT IS THEREFORE ORDERED that First Bank of Colorado is directed to pay the $16,072.13 held in the account or accounts of AAA-Auction.com, Inc. to the Clerk of the Court for the United States District Court for the District of Colorado for deposit into the registry of the court. The bank shall note on the check the case name and number, "SEC v. Weare, 01-K-

Case 1:01-cv-00645-JLK

Document 137-2

Filed 09/21/2006

Page 2 of 2

0645." First Bank of Colorado is directed to mail the check for the $16,072.13 to the Clerk of the Court for the United States District Court for the District of Colorado, 901 19th Street, Denver, Colorado 80294 and send a copy of the check to the SEC's attorney, Leslie J. Hughes, Securities and Exchange Commission, 1801 California Street, Suite 1500, Denver, Colorado 80202. The Clerk of the Court is directed to deposit the funds into an interest bearing account under the case name, SEC v. Kenneth Roy Weare, et al., case no. 01-CV-0645-JLK. These funds are to be considered part of the Distribution Fund already created in this case and part of the same Qualified Settlement Fund under Section 468B (g) of the Internal Revenue Code, 26 U.S.C. § 468B (g), and related regulations, 26 C.F.R. §§ 1.468B-1 through 1.468B-5 . These funds together with any interest and income earned thereon shall be held in the interest bearing account until further order of the Court. In accordance with 28 U.S.C. § 1914 and the guidelines set by the Director of the Administrative Office of the United States Courts, the Clerk is directed, without further order of this Court, to deduct from the income earned on the money in the Distribution Fund a fee equal to ten percent of the income earned on the Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United States. The Receiver shall propose a plan to distribute the Fund subject to the Court's approval. DATED: ____________________, 2006 BY THE COURT:

___________________________________ John L. Kane Senior Judge, U.S. District Court

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