Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Receiver’s Supplement to Tenth Interim Claims Report
(Simon and Oehri - Interinvest, AG Investor)
SEC v. US. Reservation Bank & Trust, et al
The Receiver’s Tenth Interim Claims Report ("Tenth Report") was filed with the
Receivership Court on March 13, 2006. The Tenth Report analyzed eight claims filed in
connection with the USRBT depositor, lnterinvest, AG ("lnterinvest") and recommended
the approval of only two of the claims for reduced amounts. ln response to the Tenth
Report, l received seven objections, all which were filed by Gina Hattenbach of the
Hattenbach Law Group in Los Angeles California, as counsel for the seven claimants.
On August 31, 2006, I filed with the Court the Receiver’s Response to Objections to the
Tenth lnterim Claims Report in which l recommended the approval of four of the seven
claims based on additional documents that had been submitted with the objections. ln my
response to objections l continued to recommend to the Court that the claims of Richard
Werner, Gerhard Oehri, and Gerald Simon be denied for the reasons set forth in the
response. Subsequent to the tiling of my response to objections l received additional
documents from Gerald Simon and from Gerhard Oehri in support of their respective
claims.
1. Oehri, Gerhard. Mr. Oehri’s claim was denied because he had failed to
show that be owned Inter-lmmobilia Anstalt, the company that provided the funds
transferred to USRBT. Mr. Oehri has just recently provided documents concerning the
ownership of lnter—lmmobilia Anstalt but instead of proving Oehri’s ownership, these
documents show that someone else is the owner of lnter—Immobilia Anstalt. The
documents state that lnter—Immobilia Anstalt changed its name to Odenberg & Partners
Anstalt on September 3, 2001 and a person named Horst Dopp is the “sole owner of the
founder’s rights of Odenberg & Parnters Anstalt." Therefore, my original
recommendation that the claim of Gerhard Oehri be denied remains unchanged.
2. Simon, Gerald. Gerald Simon filed a claim in the amount of
$332,17750. Mr. Simon’s claim was denied because he had failed to show that he
owned KRS Bau GmbH, the company that provided the funds transferred to USRBT.
The documents recently provided by Mr. Simon demonstrate that KRS Bau GmbH is in
fact solely owned by Mr. Simon and that the monies within KRS Bau GmbH, including
the monies transferred to lnterinvest and ultimately to USRBT are owned personally by
Mr. Simon. Therefore, since both the ownership and tracing issues have been resolved
and evidenced, l amend my recommendation regarding Mr. Simon’s claim, and approve
his claim in the amount of $97,936.55. The amount is less than his claim for the reasons
set forth in the Receiver’s Response to Objections to the Tenth lnterim Claims Report.
Dated this 2nd day of October, 2006. V ,__... - ....... . .,,_ ___
7'ii`/'i { _ . » _
{ ._ ` \ — _` A if .‘°s
K a E T arfield, Receiver T?
0776-010 (55420)
Exhibit A
Case 2:02-cv-OO581—EHC Document 628-2 Filed 10/O2/2006 Page 1 of 1

Case 2:02-cv-00581-EHC

Document 628-2

Filed 10/02/2006

Page 1 of 1