Case: 1:12-cv-05383 Document #: 316 Filed: 03/27/14 Page 1 of 4 PageID #:2738

Case: 1:12-cv-05383 Document #: 316 Filed: 03/27/14 Page 1 of 4 PageID #:2738 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. Civil Action No: 1:12-cv-5383 Honorable Rebecca R. Pallmeyer PEREGRINE FINANCIAL GROUP, INC., and RUSSELL R. WASENDORF, SR., Defendants. MOTION OF IRA BODENSTEIN, CHAPTER 7 TRUSTEE OF PEREGRINE FINANCIAL GROUP, INC. FOR RELEASE OF FUNDS HELD BY U.S. BANK Ira Bodenstein, not personally, but as Chapter 7 Trustee (the Trustee ) of Peregrine Financial Group, Inc. ( PFG ), hereby moves for entry of an order directing U.S. Bank National Association ( US Bank ) to release and transfer to the Trustee all of the funds held in two accounts at US Bank for Connie J. Wasendorf ( Connie Wasendorf ). In support of this motion, the Trustee respectfully states as follows: 1. The Trustee filed a complaint against Connie Wasendorf, thereby commencing an adversary proceeding [Adv. No. 13-00100] (the Adversary Proceeding ) in the United States Bankruptcy Court for the Northern District of Illinois (the Bankruptcy Court ), pursuant to 11 U.S.C. 502, 544, 548, 550 and 749, the Iowa Uniform Fraudulent Transfer Act, IOWA CODE 684.1 et seq., and Fed. R. Bankr. P. 3007 and 7001(1), to (a) avoid prepetition obligations incurred fraudulently by PFG in favor of Connie Wasendorf, (b) avoid and recover certain prepetition fraudulent transfers made by PFG to and for the benefit of Connie Wasendorf and (c) disallow Connie Wasendorf s claims against PFG s estate. The Trustee and Connie {10403-001 MOT A0369467.DOC}

Case: 1:12-cv-05383 Document #: 316 Filed: 03/27/14 Page 2 of 4 PageID #:2739 Wasendorf recently settled their disputes in the Adversary Proceeding pursuant to a Settlement Agreement (the Settlement Agreement ), a copy of which is attached hereto as Exhibit A. At a hearing on March 27, 2014, the Bankruptcy Court approved the settlement pursuant to 11 U.S.C. 363 and Fed. R. Bankr. P. 9019. 2. According to records provided to the Trustee by US Bank, Connie Wasendorf is the record owner of US Bank accounts X-XXX-XXXX-8628 and X-XXX-XXXX-2809 (the Accounts ), which had a combined balance exceeding $2,500,000 as of October 2013. US Bank has frozen the current balances of the Accounts under this Court s Order of Preliminary Injunction and Other Ancillary Relief against Defendants Peregrine Financial Group, Inc. and Russell R. Wasendorf, Sr. [Docket No. 56] (the Injunction ). Despite Connie Wasendorf s previous attempts to obtain the release of those funds over the Trustee s objection, this Court concluded last fall that the Accounts should remain frozen because they may contain the proceeds of PFG s customer funds stolen by Defendant Russell R. Wasendorf, Sr. and wrongfully transferred to Connie Wasendorf in connection with their divorce in December 2010. 3. The Settlement Agreement provides that all of the funds in the Accounts shall be transferred to the Trustee for the benefit of PFG s bankruptcy estate (the Estate ). The Trustee accordingly requests that this Court enter an order directing US Bank to transfer all of the funds in the Accounts to the Trustee, pursuant to wire instructions that the Trustee will provide to US Bank. The transferred funds will then become property of the Estate and will be disbursed by the Trustee to the Estate s and PFG s creditors in accordance with the Bankruptcy Code or as otherwise directed by order of the Bankruptcy Court. 4. The Trustee informed Michael Eidelman, the duly-appointed receiver in the above-captioned case (the Receiver ), of the relief the Trustee is requesting in this motion. The {10403-001 MOT A0369467.DOC} 2

Case: 1:12-cv-05383 Document #: 316 Filed: 03/27/14 Page 3 of 4 PageID #:2740 Receiver informed the Trustee that the Receiver does not have any objection to the requested relief. WHEREFORE, the Trustee respectfully requests that the Court enter an order directing US Bank to release and transfer to the Trustee all of the funds held in the Accounts, and granting such other and further relief as is just and proper. Dated: March 27, 2014 Respectfully submitted, Robert M. Fishman (Illinois Bar No. 3124316) Richard A. Saldinger (Illinois Bar No. 6209930) Mark L. Radtke (Illinois Bar No. 6275738) Shaw Fishman Glantz & Towbin LLC 321 North Clark Street, Suite 800 Chicago, Illinois 60654 (312) 541-0151 telephone (312) 980-3888 facsimile Ira Bodenstein, not personally but as Chapter 7 Trustee of Peregrine Financial Group, Inc. By: /s/ Richard A. Saldinger One of his attorneys {10403-001 MOT A0369467.DOC} 3

Case: 1:12-cv-05383 Document #: 316 Filed: 03/27/14 Page 4 of 4 PageID #:2741 CERTIFICATE OF SERVICE Richard A. Saldinger certifies that he caused to be served a true copy of the above and foregoing MOTION OF IRA BODENSTEIN, CHAPTER 7 TRUSTEE OF PEREGRINE FINANCIAL GROUP, INC. FOR RELEASE OF FUNDS HELD BY U.S. BANK upon the Electronic Mail Notice List through the ECF System on this 27th day of March, 2014. Electronic Mail Notice List /s/ Richard A. Saldinger Elizabeth A. Bates ebates@springerbrown.com,mtolvaysh@huckbouma.com Joel J. Bellows jbellows@bellowspc.com,hmcmillan@bellowslaw.com Laurel G. Bellows lbellows@bellowspc.com Stephen Todd Bobo sbobo@sachnoff.com,sbobo@reedsmith.com Commodity Customer Coalition, Inc. sbobo@reedsmith.com Brooke Elizabeth Conner bconner@vedderprice.com,ecfdocket@vedderprice.com,ecarlson@vedderprice.com Michael Marc Eidelman meidelman@vedderprice.com,ecfdocket@vedderprice.com Meredith Susan Fox mfox@springerbrown.com Schuyler Douglas Geller sgeller@bellowspc.com,hmcmillan@bellowslaw.com,lburke@bellowslaw.com Rosemary C. Hollinger rhollinger@cftc.gov,enfch_ecf@cftc.gov,croem@cftc.gov William P. Janulis wjanulis@cftc.gov,jwilson@cftc.gov Jon J Kramer jkramer@cftc.gov,nhooper@cftc.gov,croem@cftc.gov Randall Marc Lending rlending@vedderprice.com,ecfdocket@vedderprice.com,trobinson@vedderprice.com Edward King Poor ekpoor@quarles.com,mary.sullivan@quarles.com,wemet@quarles.com Jeffrey Michael Salas jsalas@salaswang.com Richard A. Saldinger rsaldinger@shawfishman.com,msalazar@shawfishman.com Thomas Edward Springer tspringer@springerbrown.com U.S. Commodity Futures Trading Commission wjanulis@cftc.gov {10403-001 MOT A0369467.DOC} 4

Case: 1:12-cv-05383 Document #: 316-1 Filed: 03/27/14 Page 1 of 8 PageID #:2742