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

Case 1:01-cv-00645-JLK

Document 159

Filed 05/25/2007

Page 1 of 3

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.

UNCONTESTED 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 $550 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 a Form 1139 to claim a loss carryback claim for a refund for tax year 2006 for the qualified settlement fund in this case. Damasco and Associates has submitted a declaration and invoice for these services, which are attached as Exhibit A to this motion Counsel for the SEC has reviewed the Declaration of Tax Administrator and has no objection. The SEC has consulted with counsel for the Receiver who has no objection to this motion. The SEC requests that the Clerk of the Court pay the $550 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 transfer banking information for Damasco & Associates or the necessary overnight

Case 1:01-cv-00645-JLK

Document 159

Filed 05/25/2007

Page 2 of 3

shipping information and the SEC's billing number to pay for the overnight mailing of the check to the Tax Administrator. DATED: May 25, 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]

2

Case 1:01-cv-00645-JLK

Document 159

Filed 05/25/2007

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on May 25, 2007, a true and correct copy of the foregoing UNCONTESTED 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)

Michael Burns Patton, MacPhee & Associates, Inc. 1775 Sherman Street, Suite 2900 Denver, CO 80203 (Counsel for Receiver)

s/ Leslie J. Hughes Leslie J. Hughes