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Commission v. Callahan

United States District Court, E.D. New York

March 27, 2014

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
BRIAN RAYMOND CALLAHAN, ADAM MANSON, DISTINCTIVE INVESTMENTS LLC, and DISTINCTIVE VENTURES LLC, Defendants. SHERI MANSON CALLAHAN, Relief Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
THE REAL PROPERTY LOCATED AT 272 OLD MONTAUK HIGHWAY, MONTAUK, NEW YORK, 11954, AND ALL PROCEEDS TRACEABLE THERETO, ANY AND ALL SHARES OF 93 OLD MONTAUK OWNERS, INC. HELD IN THE NAME OF DISTINCTIVE VENTURES, LLC, AND ALL PROCEEDS TRACEABLE THERETO, ANY AND ALL SHARES OF 93 OLD MONTAUK OWNERS, INC. HELD IN THE NAME OF BRIAN CALLAHAN AND SHERI CALLAHAN, TOGETHER WITH THE PROPRIETARY LEASE FOR COOPERATIVE UNIT SALT SEA #4 AT THE REAL PROPERTY LOCATED AT 272 OLD MONTAUK HIGHWAY, MONTAUK, NEW YORK, 11954, AND ALL PROCEEDS TRACEABLE THERETO, AND THE REAL PROPERTY LOCATED AT 47 CLOCK TOWER LANE, OLD WESTBURY, NEW YORK 11568, AND ALL PROCEEDS TRACEABLE THERETO, Defendants In Rem.

Gottesman, Wolgel, Secunda, Malamy & Flynn, P.C., Steven Weinberg, Esq., Stewart W. Lee, Esq., Richard B. Demas, Esq., Of Counsel Attorneys for the Receiver Steven Weinberg New York, NY.

Dean M. Conway, Assistant Chief Litigation Counsel, United States Securities and Exchange Commission Attorneys for the Securities and Exchange Commission Washington, DC.

Sher Tremonte LLP, Michael Tremonte, Esq. Robert Knuts, Esq., Of Counsel Attorneys for Brian Raymond Callahan and Sheri Manson-Callahan New York, NY.

Law Offices of Andrew J. Frisch Andrew J. Frisch, Esq., Of Counsel Attorneys for Adam Judd Manson, Distinctive Investments LLC and Distinctive Ventures LLC New York, NY.

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer Robert J. Anello, Esq., Gates Salyers Hurand, Esq., Judith L. Mogul, Esq., Of Counsel, Attorneys for the Defendant Adam Judd Manson, Distinctive Investments LLC and Distinctive Ventures LLC New York, NY.

Brian Spears LLC, Brian Edward Spears, Esq., Of Counsel, Attorneys for Brian F. Callahan, Southport, CT.

United States Attorney's Office Brian D. Morris, AUSA Laura D. Mantell, AUSA Karin K. Orenstein, AUSA David C. Woll, Jr., AUSA, Of Counsel Attorneys for the United States of America

LeClair Ryan, PC, Michael Terrance Conway, Esq., Of Counsel Attorneys for RBS Citizens, National Association. New York, NY,

K & L Gates LLP Alyssa B. Cohen, Esq., John H. Culver, Esq. Joanna A. Diakos, Esq., of Counsel Attorneys for CreXus S. Holdings, LLC New York, NY,

Morrison Cohen LLP, Evan Scott Lupion, Esq., Yehuda David Scharf, Esq., of Counsel, Attorneys for Gibraltar Private Bank and Trust New York, NY.

Greenberg Traurig LLP, Eric Nevins Whitney, Esq., Rachel Lois Izower-Fadde, Esq., Steven M. Nadel, Esq., of Counsel Attorneys for OneWest Bank, F.S.B. New York, NY.

Katten Muchin Rosenman LLP, Michael Max Rosensaft, Esq., of Counsel Attorneys for Latus Partners LLC, New York, NY.

ORDER

ARTHUR D. SPATT, District Judge.

Presently before the Court is the request by the United States of America that (1) the contract entered into by the Receiver and HFZ Capital, LLC in the above-captioned SEC enforcement action to sell a set of unsecured notes made by Distinctive Investments, LLC to entities held within the Receivership Estate be set aside; (2) these notes be removed from the Receivership Estate; and (3) the Receiver's ...


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