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

Case 1:01-cv-00645-JLK

Document 204

Filed 12/19/2007

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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.

MOTION TO DISBURSE FUNDS TO PAY TAX ADMINISTRATOR'S FEES

The SEC files this motion requesting that the court enter an order directing the Clerk of the Court to pay $1,982.65 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 US Qualified Settlement Fund Tax Returns for the tax year 2007. Counsel for the SEC has reviewed the attached Declaration of Jude P. Damasco, the Tax Administrator, and has no objection to the payment. The Court discharged the Receiver in this case in December 10, 2007, so the Receiver's consent to this motion is no longer necessary. The SEC requests that the Clerk of the Court pay the $1,982.65 from the interest earned in the Fund before using the principal. Counsel for the SEC will provide the Clerk of the Court with the wire

Case 1:01-cv-00645-JLK

Document 204

Filed 12/19/2007

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transfer banking information for Damasco & Associates or the necessary overnight shipping information and the SEC's billing number to pay for the overnight mailing of the check to the Tax Administrator. DATED: December 19, 2007 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 204

Filed 12/19/2007

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CERTIFICATE OF SERVICE

I hereby certify that on December 19, 2007, a true and correct copy of the foregoing 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 c/o Joseph Media U.S. Probation & Parole Office 517 E. Wisconsin Ave. Milwaukee, WI 53202 (Individually and as agent for J&K Global Marketing and AAA-Auction.com)

s/ Leslie J. Hughes Leslie J. Hughes