Altomare did not disclose to the SEC, or to the Court in hearings on contempt, his participation in a business enterprise called ENCORE HOLDINGS. When confronted with evidence obtained by the SEC through independent means, he acknowledged that it is a business which he is trying to get started. In November 2007, the company leased space in New York under arrangements made by Altomare and Chris Gunderson. [Depo. Exhibit 42]. Altomare’s failure to disclose this enterprise raises a clear question as to his candor with respect to his financial condition. Transcript 166-171.
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07/02/2008 338 STATUS REPORT. Plaintiff's Second Submission on Altomare's Contempt Document filed by U.S. Securities and Exchange Commission.
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Doc 322-22
Exhibit 42
OCR extract
Prime Office Centers Letterhead
44 Wall Street, New York, New York 10005 Phone :212-461-2222 Fax 212-461-2223]
June 23, 2008
Ms. Helen H. White
Enforcement Staff.
Security and Exchange Commission
Denver Regional Office
1801 California Street
Suite 1500
Denver, Colorado 80202-2656
RE: ENCORE HOLDINGS Lease agreement and other documents
Dear Ms. White:
I am responding to your letter to Charles Coy. I am a partner of the firm and Charles is our sales representative.
ENCORE HOLDINGS is a virtual tenant of Prime Office Centers, 44 Wall Street since November 2007. We only accept phone calls and mail on their behalf. All calls are put into phone mail for their retrieval. Mail is held and is picked up periodically.
I am enclosing a copy of their Business Identity Agreement, Postal Form, Chris Gunderson, Jr. drivers license and the face of three checks.
I trust this will satisfy your request.
Yours Very Truly
/s/Peter Pollack
Peter Pollack
AI
