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Securities and Exchange Commission v. Gen-See Capital Corp.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


June 25, 2009

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
GEN-SEE CAPITAL CORPORATION A/K/A GEN UNLIMITED AND RICHARD S. PICCOLI, DEFENDANTS.

The opinion of the court was delivered by: William M. Skretny United States District Judge

ORDER FOR DEPOSIT OF FUNDS INTO COURT'S REGISTRY FUND

WHEREAS, on June 9, 2009, the Court entered a Final Judgment as to Defendants GenSee Capital Corporation a/k/a Gen Unlimited and Richard Piccoli (the "Final Judgment").

WHEREAS, the Final Judgment orders that all of Defendants' funds located in banking, financial, and brokerage institutions identified in or currently subject to the provisions of the Preliminary Injunction Order imposing a freeze of the assets of Defendants shall, upon order of the Court, be transferred to and deposited with the Court's Registry Fund.

NOW, THEREFORE:

I.

IT IS ORDERED that, within ten business days of receiving a copy of this Order from Plaintiff Securities and Exchange Commission ("Commission"), the banking, financial, and brokerage institutions identified below shall transfer to and deposit with the Court's Registry Fund all funds being held in the named accounts. Said entities shall take all necessary steps to liquidate those accounts in order to comply with this Order:

Institution Account Number Name of Account Holder

M&T Bank 9845600205 Gen-See Capital Corporation M&T Bank 9844786609 Gen-See Capital Corporation M&T Bank 8890736443 Gen-See Capital Corporation M&T Bank 6496558 Gen-See Capital Corporation M&T Bank 000000016979098 Richard S. Piccoli M&T Bank 000000011475712 Richard S. Piccoli M&T Bank 120 444 1171869 6001 Richard S. Piccoli Bank of America, N.A. 0094 2264 9166 Richard S. Piccoli Key Bank 327330080414 Gen Unlimited Financial Trust Federal Credit Union 80016210 Richard S. Piccoli BNY Mellon Shareholder Services (as transfer agent for 124809794746 (Rockwell Richard S. Piccoli / Piccoli listed companies) Automation), 125162499266 Family Trust

(ArvinMeritor), 124809794746 (Chevron Corp, Conexant Systems Inc, Mindspread Technologies), 125279627012 (Consolidated Edison)

Bank of America 0094 2264 9166 Richard S. Piccoli Banc of America Investment J26-293873, J 26-308323 Services Inc. 150-04747, 150-33595 Richard S. Piccoli Citizens Bank 400318-597-7 Richard S. Piccoli Fidelity NFS J26-293873 Richard S. Piccoli Morgan Stanley 327-060847-001 Richard S. Piccoli Suntrust Bank c/o Computershare Transfer C0000561886 Richard S. Piccoli / Piccoli Agent 49075 Family Trust Skyworks Solutions Inc. c/o American Stock Transfer and Richard S. Piccoli / Piccoli

6000033912

Trust Company Family Trust

6000033911

Rockwell Collins (Shareholder Services direct Richard S. Piccoli / Piccoli purchase plan) 402154606, 3809035404 Family Trust Wachovia Bank 1090013126003 Richard S. Piccoli

Richard S. Piccoli / Piccoli

Wells Fargo 4002154606 Family Trust

II.

IT IS FURTHER ORDERED that each check shall be made to the name of "Clerk, U.S. District Court." The check itself must also contain the following notation: "SEC v. Gen-See Capital Corporation a/k/a Gen Unlimited and Richard S. Piccoli, 09-CV-14S, funds pertaining to [name on the account(s)], [account number(s)], per Final Judgment entered on June 9, 2009, for deposit with the Court's Registry Fund ." All checks shall be sent by overnight mail to:

Clerk of the Court U.S. District Court for the Western District of New York U.S. Courthouse 68 Court Street Buffalo, NY 14202 (716) 332-1700

The banking, financial, and brokerage institutions shall send copies of each check to the Commission counsel forthwith.

III.

IT IS FURTHER ORDERED that after transfer and deposit of such funds to the Court's Registry Fund, the funds shall be applied in partial satisfaction of Defendants' judgment debt for disgorgement.

SO ORDERED.

Buffalo, NY

20090625

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