The opinion of the court was delivered by: William H. Pauley III, District Judge
In accord with the Individual Defendants' Final Judgments, the Defendants shall pay all fees, costs and expenses incurred by the Distribution Fund Administrator and approved by the Court in connection with and incidental to the performance of his duties under the Final Judgments and any further applicable Orders of the Court, including the fees, costs, and expenses of any persons engaged to assist him and all administrative fees, costs, and expenses related to the Distribution Fund Plan. Each Defendant shall pay its share of the payments to the Distribution Fund Administrator approved by the Court for all Related Actions.
IT IS HEREBY ORDERED that the Defendants shall pay the amount of $1,819,687.47 to the Distribution Fund Administrator and those retained to assist him for services provided and expenses incurred between September 1, 2005 and November 30, 2005. The amount of the invoice is allocated to the Individual Defendants as follows:
NamedInstitution AllocationAmount to be Paid
Bear, Stearns & Co. Inc.5.78%$105,123.48
Citigroup Global Markets Inc.36.40%$662,277.94
Credit Suisse First Boston LLC17.33%$315,370.45
Deutsche Bank Securities Inc.6.64%$120,892.00
Goldman, Sachs & Co.5.78%$105,123.48
J.P. Morgan Securities Inc.5.78%$105,123.48
Lehman Brothers Inc.5.78%$105,123.48
Merrill Lynch, Pierce, Fenner & Smith Incorporated0.92%$16,819.76
Morgan Stanley and Co. Incorporated5.78%$105,123.48
Thomas Weisel Partners LLC1.16%$21,024.70
UBS Securities LLC5.78%$105,123.48
US Bancorp Piper Jaffray Inc.2.89%$52,561.74
TOTAL TO BE PAID $1,819,687.47
Defendant Institutions should be directed to send their amount to be paid by May 19, 2006.
Payments by regular check should be sent to:
DFP Services & Expenses Francis McGovern, Administrator David Boxer, DFP Accountant Weiser LLP 12th Floor 135 West 50th Street New York, NY 10020-1299
Payments by electronic transfer should be sent to:
Commerce Bank,N.A. (Comm BK Marlton) Cherry Hill, NJ ABA #: 026013673 Credit to: DFP Services & Expenses Account # 7916789485
The Clerk is directed to file copies of this Order in all of the related actions: (1) SEC v. Bear Stearns and Co. Inc., 03 Civ. 2937 (WHP); (2) SEC v. Jack B Grubman, 03 Civ. 2938 (WHP); (3) SEC v. J.P. Morgan Securities Inc., 03 Civ. 2939 (WHP); (4) SEC v. Lehman Brothers Inc., 03 Civ. 2940 (WHP); (5) SEC v. Merrill Lynch Pierce Fenner & Smith, Inc., 03 Civ. 2941 (WHP); (6) SEC v. U.S. Bancorp Piper Jaffary, Inc., 03 Civ. 2942 (WHP); (7) SEC v. UBS Securities LLC, 03 Civ. 2943 (WHP); (8) SEC v. Goldman Sachs and Co., 03 Civ. 2944 (WHP); (9) SEC v. Citigroup Global Markets, Inc., 03 Civ. 2945 (WHP); (10) SEC v. Credit Suisse First Boston LLC, 03 Civ. 2946 (WHP); (11) SEC v. Henry M. Blodget, 03 Civ. 2947 (WHP); (12) SEC v. Morgan Stanley & Co. Incorporated, 03 Civ. 2948 (WHP); (13) Deutsche Bank Securities Inc., 04 Civ. 06909 (WHP); and (14) Thomas Weisel Partners LLC, 04 Civ. 069109 (WHP).
WILLIAM H. PAULEY III U.S.D.J.
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