|
In response to Judge Payne’s Order dated August 1, 2008, in the
criminal case (Criminal No. 3:08-cr-132), the Trustee submitted a
Statement of Position regarding the effect of the pending bankruptcy
cases of the 1031 Debtors on the likely availability of funds for the
purposes of restitution in the criminal case. This was filed on
October 15, 2008.
The Trustee concurs in the presentation set forth in the Government Statement filed September 12, 2008.
The Trustee submits that continuation of the bankruptcy proceedings and
the criminal proceedings are collectively serving the interests of
justice and judicial efficiency. The creditors of the bankruptcy
proceeding consist primarily of the victims of the misconduct
perpetrated by Okun, Coleman and others working in concert with them.
The Trustee notes that the Bankruptcy Court has invested significant
time and resources in reviewing paperwork, in hearings, and the Court
has become very familiar with many aspects of this complex case.
The
Exchangers, have filed proofs of claim, both the Trustee and the
Bankruptcy Court are equipped to review the claims and to ascertain
from them and the available records the correct amount for each on a
consistent basis and without duplication.
Victims of the
criminal case are better served by the bankruptcy process which is well
underway and has already resulted in the liquidation of many tangible
assets and other recoveries. Victims could see some recovery through
the bankruptcy process sooner than the time that would be required for
the defendants’ convictions in the criminal case will be final.
USA vs. Okun - Government Position (PDF)
USA vs. Okun - Trustee's Response (PDF)
|
