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Re: virginian post# 13632

Friday, 01/18/2008 7:11:18 PM

Friday, January 18, 2008 7:11:18 PM

Post# of 18151
These are rushes from notes I inscribed over the telephone from a direct witness at the hearing. They are high points only, and the person who attended will be on later tonight.

Judge-severaal balls in air here. In Ocober offered to sell the condominium to satisfy the obligations of Altomare to the SEC. No argument about the fact that Altomare received the money the SEC fined him.

Tifford-on the market, shown once or twice a month. No offers.

Judge-exactly what I predicted. I am skeptical about his efforts to pay the judgement. Where is all the money? "Why should I think thzt he (Altomre) is not intereste in paying? (not a happy jusge)

Judge re Deposition-He (altomare) has the right, but if he has the money and asserts the fifth it is very negative. Ordered receiver to find assets, but he has not been cooperative.

To Tifford-did you request a stay of the original summary judgement from the appelate court? (no)

Judge-have a pile of evidence that altomare has assets. (although cost of "master tape storage may exceed their value)

To tifford re judgements-tifford hope to collect 1.2 million soon. Judge 1 million out of 700 milion?

Judge ro Hughes-You are asking $5,000 per dzay penalties if his complete financial records are not produced within 5 days? yes
Judge Ms Hughes, I think you are playing softball. Next time we get no further, he had better have his toothbrush. If he does not cooperate or hides behind the fifth, $5,000 a day is not what I have in mind.

Gunderson/Garvey interlude about how broke Gunderson is and how Garvy didn't realize that he wasn't getting PACER emails re case. judgde skeptical on latter claim.

Judge-re last minute filings. Court and SEC not in a position to respond to 11th hour material (and he was not happy.

Judge-going to sort this out on 4 February, 9:30 AM evidentiry hearing. Any submissions byJan 28. No last minute filings.

Judge-An adjudication of contempt will not be meaningless, and will be sufficient to compel compliance (with the orders of this court)

No more playing out the string.

Receiever report-nothing new. Sold assets, doesn't have anyway near records requested from altomare/gundy.



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