Opinion
Nos. 03 Civ. 2937 (WHP), 03 Civ. 2938 (WHP), 03 Civ. 2939 (WHP), 03 Civ. 2940 (WHP), 03 Civ. 2941 (WHP), 03 Civ. 2942 (WHP), 03 Civ. 2943 (WHP), 03 Civ. 2944 (WHP), 03 Civ. 2945 (WHP), 03 Civ. 2946 (WHP), 03 Civ. 2947 (WHP), 03 Civ. 2948 (WHP), 04 Civ. 06909 (WHP), 04 Civ. 06910 (WHP).
October 25, 2005
ORDER
The Final Judgments in these related actions require the investment bank defendants to 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. Such fees, costs, and expenses cover any persons or entities engaged to assist him.
By letter dated October 12, 2005, the Distribution Fund Administrator forwarded invoices of services rendered between June 1, 2005 and August 31, 2005. The letter has been docketed with the Clerk of Court. Prior to that, it was forwarded to the parties and comments were invited by October 21, 2005. No party has expressed any comment or objection to the Court.
This Court has reviewed the submissions independently, and hereby approves the submitted fees, costs, and expenses. Those obligations are to be shared among the defendant investment banks in proportion to the federal payments each of them made in the related actions. Accordingly, Defendant investment banks shall pay $1,199,055.60 to the Distribution Fund Administrator for fees, costs and expenses incurred from June 1, 2005 and August 31, 2005. That sum is allocated among the defendant investment banks as follows: Named Institution Amount to be Paid $ 70,640.76 $ 443,031.31 $ 211,922.28 $ 81,236.87 $ 70,640.76 $ 11,302.52 $ 70,640.76 $ 70,640.76 $ 70,640.76 $ 14,128.15 $ 70,640.76 $ 13,589.92 TOTAL TO BE PAID $ 1,199,055.60
Bear, Stearns Co. Inc. Citigroup Global Markets Inc. Credit Suisse First Boston LLC Deutsche Bank Securities Inc. Goldman, Sachs Co. Merrill Lynch, Pierce, Fenner Smith Incorporated J.P. Morgan Securities Inc. Lehman Brothers Inc. Morgan Stanley and Co. Incorporated Thomas Weisel Partners LLC UBS Securities LLC US Bancorp Piper Jaffray Inc. Defendant investment banks are directed to tender payment by November 2, 2005 either by regular check 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 Jaffray, 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).
SO ORDERED.