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

Case 1:01-cv-00645-JLK

Document 133

Filed 08/29/2006

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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.

EX PARTE MOTION TO DISBURSE FUNDS TO PAY TAX ADMINISTRATOR'S FEES

The SEC files this ex parte motion requesting that the court enter an order directing the Clerk of the Court to pay $3,000 from the Distribution Fund currently held in this case to the "Damasco & Associates" for payment of the Tax Administrator's fees for preparing and filing the 2004 and 2005 qualified settlement fund tax returns. Damasco and Associates has submitted a declaration and invoice for these services which is consistent with the fees set in the Order appointing the Tax Administrator. Undersigned SEC counsel has reviewed the Declaration of Tax Administrator and has no objections. The SEC requests that the Clerk of the Court pay the $3,000 from the interest earned in the Fund before using the principal. Counsel for the SEC will provide the Court Registry with the necessary overnight shipping information and the SEC's billing number to pay for the

Case 1:01-cv-00645-JLK

Document 133

Filed 08/29/2006

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overnight mailing of the check to the Tax Administrator.

DATED: August 29, 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 133

Filed 08/29/2006

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CERTIFICATE OF SERVICE

I hereby certify that on August 29, 2006, a true and correct copy of the foregoing EX PARTE MOTION TO DISBURSE FUNDS TO PAY TAX ADMINISTRATOR'S FEES 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) John Paul Anderson Patton MacPhee & Associates, Inc. 1775 Sherman Street, Suite 2900 Denver, CO 80203 (Receiver)

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]