S.E.C. v. CREDIT BANCORP, LTD.

No. 99 Civ. 11395(RWS).

129 F.Supp.2d 259 (2001)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Stephenson Equity Company, Plaintiff-Intervenor, v. CREDIT BANCORP, LTD., Credit Bancorp, Inc., Richard Jonathan Blech, Thomas Michael Rittweger and Douglas C. Brandon, Defendants.

United States District Court, S.D. New York.

January 19, 2001.


Attorney(s) appearing for the Case

Securities and Exchange Commission, Salt Lake City, UT (Thomas M. Melton, of counsel), for plaintiff.

Securities and Exchange Commission, New York, NY (Robert Blackburn, of counsel), for Local Counsel.

Proskauer Rose, Los Angeles, CA (Richard Marmaro, of counsel), for Defendant R. Blech.

Milbank, Tweed, Hadley & McCloy, New York, NY (Andrew E. Tomback, of counsel), for Defendant T. Rittweger.

Getty, Keyser & Mayo, Lexington, KY (Richard A. Getty, of counsel), for Defendant D. Brandon.

Pattison & Flannery, New York, NY (Thomas R. Pattison, of counsel), for Third-Party Defendants.

Honorable Mary Jo White, United States Attorney for the Southern District of New York, New York, NY (Timothy J. Coleman, Assistant U.S. Attorney, of counsel), for Intervenor United States of America.

Wollmuth Maher & Deutsch, New York, NY (William A. Maher, Frederick R. Kessler, of counsel), Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, OK (Donald L. Kahl, T. Lane Wilson, of counsel), for Customer-Intervenor SECO.

Davis Polk & Wardwell, New York, NY (James H.R. Windels, Gary G. Lynch, Jonathan New, of counsel), for Intervenors Deutsche Bank Securities, Inc. and DB Alex. Brown LLC.

Sheldon A. Weiss, Mountainside, NJ, for Customer-Intervenors Stappas et al.

Hogan & Hartson, Washington, DC (E. Bartlett Prettyman, Jr., of counsel), for Customer-Intervenor Ray Trust.

Rosenman & Colin, New York, NY (Joel W. Sternman, of counsel), for Customer-Intervenor Robert Praegitzer.

Barger & Wolen, New York, NY (R. Steven Anderson, of counsel), Sutherland Asbill & Brennan, Atlanta, GA (Peter J. Anderson, of counsel), for Customer-Intervenor Centigram.

Makoff Kinnear Counsel, San Francisco, CA (Nancy Appel, of counsel), for Customer-Intervenor John Dillon.

Lambos & Junge, New York, NY (Armand P. Mele, of counsel), for Customer-Intervenors S. Cole-Hatchard.

Kirkpatrick & Lockhart, Washington, DC (Richard J. Morvillo, of counsel), for Intervenor Ameritrade.

Morrison & Foerster, New York, NY (Carl H. Loewenson, Receiver and Fiscal Agent, of counsel), Dickstein Shapiro Morin & Oshinsky, New York, NY (Randy Paar, of counsel), for Receiver.


OPINION

SWEET, District Judge.

By letter dated January 12, 2001, Carl H. Loewenson, Jr., the court-appointed receiver (the "Receiver") in the above-entitled action, has submitted a revised proposed order for implementation of a partial plan of distribution for consideration by this Court.

In this Court's previous opinion of November 29, 2000 (the "November 29 Opinion"), approving the Receiver...

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