Friday, December 20, 2019 2:57:38 PM
40:44
Brian Rosen: Your Honor, KCC is the claims agent that was approved by the court. KCC was delivered the information by DTC, as part of also being the valeting agent pursuant to the plan. Your Honor, KCC is aware of what is referred to as the Escrow Markers, that are referred to in the application. The Escrow Markers, your Honor, are out there, and honestly, it’s the Escrow Markers themselves which are causing a lot of confusion, because people see those in the accounts and they believe, therefore, they’re going to be getting future distributions. And, they won’t be getting any future distributions. And, that is why we’ve said in the application that we wanted…or were planning to have the Escrow Markers cancelled at this time.
Your Honor, in the…the comment that was made by Ms. Griffin, it was ‘one can speculate, and I won’t', was how it started out, your Honor. To me, the only relevance would be, if in fact, something would happen to be a pot of gold at the end of the rainbow, but we don’t see that, your Honor. Therefore, the Escrow Markers and these who had what release or who had given what release would have any relevance at that time. And, as I said, and as the court acknowledged, and as counsel just said, we don’t know of any additional assets out there. And, we’ve said that repeatedly. But, your Honor, we are told that in the event that something might happen, that KCC might be able to resurrect those Escrow Markers and therefore have the evidence that Ms. Griffin is looking for, as far as, who might have given a release 7 years ago or 8 years ago at this point in time. But, there’s no need for anyone to preserve any records in order to do that at this time. It is something that might be able to be recreated by KCC.
Judge Mary Walrath: Let me ask you a question, can it simply be downloaded on to a…I know when we close cases, typically, KCC is required to provide the claims list, etc., to the court. Can there be a delivery of a download of…
Brian Rosen: I apologize, your Honor. I’ve just been told that KCC does not have that information, it’s through DTC and through the brokers at this time. So, the answer is no. That’s why the Escrow Markers were created.
Judge Mary Walrath: Well, why don’t we leave the Escrow Markers in place?
Brian Rosen: Again, your Honor, that could be done, but that will just lead the people once again, retail equity as Ms. Griffin refers to them, believing when they see something in their account that they’re going to be getting a distribution.
Judge Mary Walrath: Well, but…
Brian Rosen: Your Honor, Mr. Smith suggests that we leave the Escrow Markers in place and we’ll put an FAQ on the Trust website explaining what value they may have, which will be no purpose whatsoever, but we’ll do that, your Honor. We’ll leave the Markers there.
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