Case 8:09-cv RAL-TBM Document 53 Filed 03/04/2009 Page 1 of 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

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1 Case 8:09-cv RAL-TBM Document 53 Filed 03/04/2009 Page 1 of 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Case No. 8:09-cv-87-T-26TBM ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC. Defendants, SCOOP REAL ESTATE, L.P., VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC., VICTORY IRA FUND, LTD., VICTORY FUND, LTD., VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, Relief Defendants. / following: EMERGENCY MOTION FOR PROTECTIVE ORDER NOW COMES, R. CRAIG HARRISON, and states in support of his Motion the 1. On or about March 3, 2009, the Receiver s Subpoena attached hereto as Exhibit A was served upon R. CRAIG HARRISON requesting the production of documents for March 6, R. CRAIG HARRISON is an attorney with the law firm of Lyons, Beaudry & 1

2 Case 8:09-cv RAL-TBM Document 53 Filed 03/04/2009 Page 2 of 3 Harrison, P.A. The Subpoena relates to relates to certain personal information relating to Arthur Nadel and Marguerite Nadel regarding the purchase of real estate in Sarasota County, Florida. 3. This Motion relates to the assertion of attorney-client privilege as to testimony or production of documents relating to the sale and/or purchase of real estate. However, all protections afforded the Nadels by the United States of America and all requirements for the issuance of the Receiver s Subpoena or other such documents are also intended to be asserted herein or preserved. 4. The attorney-client privilege is codified by Florida Statute The privilege extends to a person the right to prevent the disclosure of the contents of confidential communications that were learned or made in the rendition of legal services to the person [See F.S (2)]. There is no attorney-client privilege when the services of a lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud. [See F.S (4)(a)]. 5. The two pertinent issues are: A. does attorney-client privilege apply in the handling of real estate purchases; and B. were the acts of the Nadels sufficient to come within the crime-fraud exception. 6. The attorney-client privilege does arise where the attorney represents the client in a real estate transaction. If an attorney determines that a privilege might apply on behalf of a client, it should be asserted on the client s behalf. In this instance, no materials can be produced or testimony recorded without an appropriate court order. 2

3 Case 8:09-cv RAL-TBM Document 53 Filed 03/04/2009 Page 3 of 3 7. Whether based pursuant to Federal or Florida law, it is the burden of the Receiver to show the crime-fraud exception to the attorney-client privilege. See In Re Grand Jury st Proceedings (Gregory P. Viloette), 183 F.3d 71, 78 (1 Cir. 1999); Robichaud v. Kennedy, 711 nd So.2d 186 (Fla. 2 DCA 1998). To meet the burden, the Receiver must allege and produce prima facia evidence that the Nadels used the purchase of real estate as a tool of crime or fraud and sought the advice of counsel to procure the same. See Robichaud, Id. at Unless the Receiver demonstrates that the actions of the Defendants somehow transforms a real estate transaction into the crime-fraud exception, then this Court must apply the attorney-client privilege doctrine to prevent testimony and production of documents relating to the real estate transaction or transactions. 9. R. CRAIG HARRISON has attempted to contact counsel for the Receiver to amicably resolve this issue to no avail. WHEREFORE, R. CRAIG HARRISON requests this Court grant his Motion for Protective Order and award him costs, including attorney s fees, for having to bring this Motion before this Court. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail, postage prepaid, to CARL R. NELSON, ESQ., attorney for Burton W. Wiand, Receiver, Fowler White Boggs P.A., 501 E. Kennedy Boulevard, Suite 1700, Tampa, FL 33602, on this 4th day of March LYONS, BEAUDRY & HARRISON, P.A Main Street, Suite 1111 Sarasota, Florida Telephone: (941) By: /s/ R. Craig Harrison, Esq. Florida Bar #

4 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 1 of 10 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No. 8:09-cv-87-T-26TBM ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC. Defendants, SCOOP REAL ESTATE, L.P. VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC. VICTORY IRA FUND, LTD, VICTORY FUND, LTD, VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, Relief Defendants. TO: Lyons, Beaudry & Harrison, P.A. Attn: R. Craig Harrison 1605 Main Street, Suite 1111 Sarasota, Florida EXHIBIT A YOU ARE COMMANDED to appear in the United States District Court, Middle District of Florida, Tampa Division, at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSITION DATE AND TIME IS] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment A PLACE: Fowler White Boggs P.A., 501 E. Kennedy Blvd., Suite 1700, Tampa, FL DATE AND TIME 3/6/2009 9:30 a.m.

5 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 2 of 10 Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, Rule 30(b)(6). ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) ' "p /? /5 Attorney for the Receiver, Burton W. Wiand ISSUING OFFICER'S&XME, ADDRESS AND PHONE NUMBER Carl R. Nelson, Esq. Fowler White Boggs P.A., 501 E. Kennedy Boulevard, Suite (813) , Tampa, Florida PROOF OF SERVICE DATE February 23, 2009 SERVED SERVED ON (PRINT NAME) DATE PLACE MANNER OF SERVICE SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on Signature of Server Address of Server Federal Rule of Civil Procedure 45(c), (d) and (e), as amended on December 1, PROTECTING A PERSON SUBJECT TO A SUBPOENA. a. Avoiding Undue Burden or Expense; Sanctions. A party or an attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction - which may include lost earnings and reasonable attorney's fees - on a party or attorney who fails to comply. b. Command to Produce Materials or Permit Inspection, i. Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. ii. Objections. A person commanded to produce documents ro tangible things or to permit inspection may serve ont eh party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises - or to producing electronically stored information in the for or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: a. At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. b. These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. c. Quashing or Modifying a Subpoena. i. Wlien Required. On timely motion, the issuing court must quash or modify the subpoena that: (1) fails to allow a reasonable time to comply; (2) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person - except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held.; (3) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (4) subjects a person to undue burden. ii. Wlien Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (1) disclosing a trade secret or other confidential research, development, or commercial information;

6 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 3 of 10 (2) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a parry; or (3) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. iii. Specifying Conditions as an Alternative, In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (1) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (2) ensures that the subpoenaed person will be reasonably compensated. 2. DUTIES IN RESPONDING TO A SUBPOENA. a. Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: i. Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand, ii. Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms, iii. Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form, iv. Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. b. Claiming Privilege or Protection. i. Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trialpreparation material must: (1) expressly make the claim; and (2) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. {{.Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. 3. CONTEMPT. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).

7 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 4 of 10 ATTACHMENT A DEFINITIONS 1. The term "Receivership Entities" refers to any and all of the following entities, as well as any entity or person associated with any of them, including any parent, subsidiary, predecessor, successor, joint venture, partner, affiliate, or otherwise related entity: a. Laurel Mountain Preserve Homeowners' Association, Inc. b. Laurel Mountain Preserve, LLC c. Laurel Preserve LLC d. Marguerite J. Nadel Revocable Trust UAD 8/2/07 e. Scoop Capital, LLC f. Scoop Management, Inc. g. Scoop Real Estate, L.P. h. Tradewind, LLC i. Valhalla Investment Partners, L.P. j. Valhalla Management, Inc. k. Venice Jet Center, LLC 1. Victory IRA Fund, Ltd. m. Victory Fund, Ltd. n. Viking IRA Fund, LLC o. Viking Fund, LLC p. Viking Management 2. The term "Nadel" refers to Arthur Nadel, a defendant in this case, whose social security number is The term "Mrs. Nadel" refers to Marguerite Nadel, also known as Peg Nadel and formerly known as Marguerite Quisenberry or Peg Quisenberry, who is now married to Arthur Nadel. 4. The term "Quisenberry" refers to Geoff Quisenberry, who is a son of Mrs. Nadel and associated with the Receivership Entities. 5. The term "Neil Moody" refers to Neil Moody, who is a business partner of Nadel; a principal of one or more of the Receivership Entities; and the father of Chris Moody.

8 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 5 of The term "Chris Moody" refers to Chris Moody, who is a son of Neil Moody and a principal of one or more of the Receivership Entities. 7. The term "Moodys" refers to Neil Moody and Chris Moody, collectively. 8. The term "Related Entities" refers to Lime Avenue Enterprises, LLC; Summer Place Development Corp.; Home Front Homes, LLC; the Guy-Nadel Foundation; the Neil Moody Revocable Trust; and any other entity, trust, or other structure which is or was controlled by Nadel, Mrs. Nadel, Quisenberry, the Moodys, and/or any of the Receivership Entities, or in which Nadel, Mrs. Nadel, Quisenberry, the Moodys, and/or any of the Receivership Entities has or had an interest or association. 9. The term "you" is used in its broadest and most comprehensive sense and refers to the target of this subpoena; any former or present parent, subsidiary, affiliate, division, or predecessor and any of their directors, officers, employees, agents, brokers, or contractors, or anyone else associated with them. 10. The term "document" or "documents" means any written, graphic, electronic, or aural representation of any kind whether produced, reproduced or stored on paper, cards, tapes, discs, belts, charts, films, computer storage devices or other electronic device or any other medium including, without limitation, matter in the form of photographs, charts, graphs, plans, drawings, s, microfiches, microfilms, videotapes, recordings, motion pictures, books, reports, studies, statements, speeches, notebooks, checks, stubs, forms, applications, tickets, ticket stubs, receipts, agreements, appointment calendars, working papers, graphs, manuals, brochures, contracts, memoranda, notes, records, correspondence, diaries, bookkeeping entries, published materials, invoices, letters, messages, telegrams, drafts, studies, analyses, summaries, magazines, booklets, expense records, appraisals, valuations, estimates, opinions, financial

9 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 6 of 10 statements, accounting records, income statements, premium notices, forecasts, illustrations and any nonidentical drafts and copies of the foregoing. 11. "All documents" means every document, as defined above, known to you and every such document which may be located or discovered by reasonably diligent efforts. 12. "Correspondence" means any letter, telegram, telex, notice, message, memorandum, , or other written communication or transcription or notes of a communication. 13. "Communication" means any written or oral transmission of fact, information, or opinion, including any utterance, notation, or statement of any nature whatsoever, including, but not limited to, documents and correspondence as defined herein. INSTRUCTIONS 1. You are requested to produce documents that are in your possession, custody, or control as they are kept in the usual course of business (such as hard copies or electronically stored information). In addition, documents are to be produced in full and unexpurgated form. 2. If any documents requested were, but are no longer, in your possession, subject to your control, or in existence, and therefore cannot be produced by you, please state whether any such document (a) is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily or involuntarily to others; or (d) is otherwise disposed of, and, in each instance, please explain the circumstances surrounding any such disposition of the document and state the date or approximate date thereof. 3. If any portion of any document responsive to this request is withheld by reason of any assertion of privilege, redact and identify such portion and produce the document. As to each document or portion thereof that is withheld, provide the following information: (a) type of document (e.g., letter, memorandum, telegram, chart, photograph, tape cassette, etc.); (b) date of

10 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 7 of 10 document; (c) name(s) of its author(s) or preparer(s) and an identification by employment and title of each such person; (d) name of each person who was sent, shown, blind copied, or carbon copied the document, or who has had access to or custody of the document, together with an identification of each such person by employment and title; (e) number of pages, attachments, and appendices; (f) present custodian; (g) subject matter of the document; (h) nature of the privilege asserted and a statement of the basis for the claim of privilege; and (i) paragraph(s) of Exhibit A to this subpoena to which the document is responsive. 4. hi producing documents, all documents which are physically attached to each other when located for production shall be left so attached. Documents which are segregated or separated from other documents, whether by inclusion in binders, files, subfiles, or by use of dividers, tabs, or any other method, shall be left so segregated or separated. Documents shall be retained in the order in which they were maintained, in the file where found, and you shall identify from whose files the document originated. Unless otherwise specified, this request calls for all documents generated, prepared, or received from the beginning of time through the date of production, or which refer to matters occurring through such date. SPECIFIC REQUEST FOR DOCUMENTS All documents or tangible things relating to, evidencing, or reflecting the purchase and/or sale of real property in which Nadel, Mrs. Nadel, Quisenberry, the Moodys, and/or any of the Receivership Entities and/or Related Entities had or has an interest or over which Nadel, Mrs. Nadel, Quisenberry, the Moodys, and/or any of the Receivership Entities and/or Related Entities exercised control. Documents responsive to this request include, but are not limited to, the following: a. closing statements; b. payoff statements; c. surveys;

11 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 8 of 10 d. wire transfer orders or confirmations; e. copies of escrow checks; f. deposit receipts; g. purchase agreements; h. mortgage documentation; i. mortgage, conveyance, tax and/or paving certificates; j. correspondence, memoranda, or transcripts reflecting communications; and k. drafts of any of the foregoing.

12 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 9 of 10 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No. 8:09-cv-87-T-26TBM ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC, Defendants, SCOOP REAL ESTATE, L.P. VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC. VICTORY IRA FUND, LTD, VICTORY FUND, LTD, VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, Relief Defendants. RECORDS CUSTODIAN AFFIDAVIT STATE OF COUNTY OF ) ) Before me, the undersigned authority, personally appeared Records Custodian or qualified person of LYONS, BEAUDRY, & HARRISON, P.A. (the "Company"), who being duly sworn, states as follows: 1. I am a duly authorized records custodian or qualified person of this Company located at I have personal knowledge regarding this Company's record keeping system.

13 Case 8:09-cv RAL-TBM Document 53-2 Filed 03/04/2009 Page 10 of The documents produced by this Company are true and correct copies of business records kept by this Company ("Documents"). 3. The Documents were prepared or made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person having knowledge of those matters; 4. The Documents were kept in the course of the regularly conducted business activity, and 5. The Documents were made by the regularly conducted activity as a regular practice. By: Date: SWORN TO AND SUBSCRIBED before me this day of. 2009, by in his/her capacity as Records Custodian or qualified person of LYONS, BEAUDRY, & HARRISON, P.A. He/She is personally known to me or has produced as identification. NOTARY PUBLIC Name: My commission expires:

14 Case 8:09-cv RAL-TBM Document 53-3 Filed 03/04/2009 Page 1 of 4 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Case No. 8:09-cv-87-T-26TBM ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC. Defendants, SCOOP REAL ESTATE, L.P., VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC., VICTORY IRA FUND, LTD., VICTORY FUND, LTD., VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, Relief Defendants. / MEMORANDUM IN SUPPORT OF EMERGENCY MOTION FOR PROTECTIVE ORDER NOW COMES, R. CRAIG HARRISON, by and through his attorneys Lyons, Beaudry & Harrison, P.A., and submits the following Memorandum in support of his Emergency Motion for Protective Order: The Receiver in the above matter has sought the production from the law firm of Lyons, Beaudry & Harrison, P.A. of certain real estate files relating to a real estate purchase made by Art 1

15 Case 8:09-cv RAL-TBM Document 53-3 Filed 03/04/2009 Page 2 of 4 Nadel in The issue is what, if any, documents are protected from discovery pursuant to the attorney-client privilege. All communications between a lawyer and a client are privileged where legal advice is sought from a licensed attorney, communications are made in confidence and are at the client s insistence permanently protected from their disclosure. In this instance, an attorney-client relationship was clearly established. There are numerous cases particularly in the area of malpractice which establishes that an attorney-client relationship exists in real estate transactions. Much of the information contained in the file is not meant to be disclosed to third parties. Even if some of the documents were to be disclosed to third parties, this does not take the document or communication out of the privilege. Section (1)(c), Florida Statutes, defines the confidential nature of a communication as follows: (c) A communication between lawyer and client is confidential if it is not intended to be disclosed to third persons other than: 1. Those to whom disclosure is in furtherance of the rendition of legal services to the client, 2. Those reasonably necessary for the transmission of the communication. Under this definition, all confidential matters secured in the representation of the client but disclosed to third parties in the rendition of the legal services are protected. To the best of Mr. Harrison s knowledge and belief, all communications and documents contained in the real estate file relate to and were done in furtherance of rendering legal assistance and services to either one or both of the Nadels. For this reason, Movant believes that which ever documents are contained in the file, who received any particular document and from what source are all privileged. Furthermore, the Receiver can obtain transactional documents from other parties to the transaction. For instance, the 2

16 Case 8:09-cv RAL-TBM Document 53-3 Filed 03/04/2009 Page 3 of 4 Public Records reference that the Nadel purchase was financed by a bank. The Receiver could independently seek transactional documents from the bank. The Receiver likewise could, if appropriate, secure documents from the brokers, original sellers, the subsequent buyers, and their agents, if any. While these documents may not be subject to the attorney-client privilege in the hands of others, if and how that information was communicated to or from the Nadels lawyer certainly is subject to the privilege. Such an assertion is consistent with Skorman v. Hovnian of th Florida, Inc., 382 So.2d 1376 (Fla. 4 DCA 1980). The attorney-client privilege extends to st documents. See Shafnaker v. Clayton, 680 So.2d 1109 (Fla. 1 DCA 1996) and to the law firm s personnel. See 24 AmJur2d 719. The crime-fraud exception is also not applicable. As set forth in the Movant s Motion, it is the Receiver s burden to show the crime-fraud exception to the attorney-client privilege. See In Re st Grand Jury Proceedings (Gregory P. Violette), 183 F.3d 71, 78 (1 Cir. 1999); Robichaud v. nd Kennedy, 711 So.2d 186 (Fla. 2 DCA 1998). To meet the burden, the Receiver must allege and produce prima facia evidence that the Nadels used the real estate purchase and sale as a tool of crime or fraud and sought the advice of counsel to procure the same. The attorney-client privilege also covers information that would supply links of incriminating evidence in an existing chain of culpertory events, or lead to the filing of criminal charges. The privilege provides Fifth Amendment protections. See Del Carmen Calzon v. Capital Bank, 689 nd So.2d 279 (Fla. 2 DCA 1995). CONCLUSION Correspondence to and from the Nadels, instructions, money transfers, and the like are clearly subject to attorney-client privilege and should not be produced. Transactional documents such as 3

17 Case 8:09-cv RAL-TBM Document 53-3 Filed 03/04/2009 Page 4 of 4 mortgages, deeds, bills of sale, and the like which are either public record or signed and delivered to third parties are probably not subject to attorney-client privilege. Financial and other information provided to a bank by the Nadels and incorporated into closing documents and forwarded to a law firm is confidential information and should be subject to the attorney-client privilege. Documents transmitted directly from the Nadels to the law firm must also be subject to the attorney-client privilege. In further aid to the Court in making this inquiry, Movant suggests that the Court make an in camera inspection of the file. Respectfully submitted, /s/ R. Craig Harrison Florida Bar # CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail, postage prepaid, to CARL R. NELSON, ESQ., attorney for Burton W. Wiand, Receiver, Fowler White Boggs P.A., 501 E. Kennedy Boulevard, Suite 1700, Tampa, FL 33602, on this 4th day of March LYONS, BEAUDRY & HARRISON, P.A Main Street, Suite 1111 Sarasota, Florida Telephone: (941) By: /s/ R. Craig Harrison, Esq. Florida Bar #

18 Case 8:09-cv RAL-TBM Document 53-4 Filed 03/04/2009 Page 1 of 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Case No. 8:09-cv-87-T-26TBM ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC. Defendants, SCOOP REAL ESTATE, L.P., VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC., VICTORY IRA FUND, LTD., VICTORY FUND, LTD., VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, Relief Defendants. / GENERAL SUMMARY OF DOCUMENTS NOW COMES, R. CRAIG HARRISON, by and through his attorneys Lyons, Beaudry & Harrison, P.A., and provides this Court with the following summary of documents contained in the Nadel files: 1. Correspondence between the law firm and the Nadels. 2. Handwritten notes generated by R. Craig Harrison and/or the law firm s personnel. 3. Land Trust Agreement 1

19 Case 8:09-cv RAL-TBM Document 53-4 Filed 03/04/2009 Page 2 of 3 4. Invoices to the clients for services rendered. 5. Closing documents relating to the purchase including note, mortgage, deed, and correspondence relating to the closing to third parties including banks (estoppel letter), check to buyer, fax to broker, faxes to and from title underwriters regarding closing, survey, etc. 6. Loan package prepared by lender and delivered to law firm including initial request for title work and miscellaneous documents to and from lender, and other documents relating to the loan. Bank documentation includes confidential residential loan application. 7. Checks applied towards purchase price including official check, loan check, and other checks. 8. Title work, title commitment, and title policy. 9. Internal balance sheet for funds received and funds disbursed pursuant to the closing. 10. Identification. 11. Purchase contract. As set forth in the motion and memorandum, categories 1, 2, 3, 4, 6, 7, and 9 are privileged categories. Categories 5, 8, 10, and 11 may not be privileged but may be accessible from third parties. Respectfully submitted, _/s/ R. Craig Harrison Florida Bar #

20 Case 8:09-cv RAL-TBM Document 53-4 Filed 03/04/2009 Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail, postage prepaid, to CARL R. NELSON, ESQ., attorney for Burton W. Wiand, Receiver, Fowler White Boggs P.A., 501 E. Kennedy Boulevard, Suite 1700, Tampa, FL 33602, on this 4th day of March LYONS, BEAUDRY & HARRISON, P.A Main Street, Suite 1111 Sarasota, Florida Telephone: (941) By: /s/ R. Craig Harrison, Esq. Florida Bar #