EFTA01106478.pdf

EPSTEIN V. ROTHSTEIN 80743 Index of VOLUME VII of Conrad, Scherer documents on disks Category Date Description To From Bates Nos. Notes Conrad Scherer docs 11/3/09 Banyon 11/3/09 Update Ballamore Capital Ballamore PRODC 000171 Banyon believes that Scott Rothstein had assistance Communications Capital from TD Bank Officials in his illegal withdrawal of Christopher Boyle Communications funds. Banyon has retained law firm to represent it Bill Dowd and has made formal demand on TD Bank for Ed Spofford recovery of misappropriated funds, etc. Larry Rovin Trisia Kavka-Coogan 11/6/09 Banyon 11/6/09 Update Ballamore Capital Ballamore PRODC 000172 Ballamor has retained law firm of Saul Ewing, etc. Communications Capital Christopher Boyle Communications Bill Dowd Ed Spofford Larry Rovin Trisia Kavka-Coogan 11/10/09 Banyon 11/10/09 Update Ballamore Capital Ballamore PRODC 000173 Confidential Update from Banyon - 11/9/10 - Banyon Communications Capital sought to protect its funds through multiple Christopher Boyle Communications redundancies, including protections instituted by TD Bill Dowd Bank, one of the top-15 commercial banks in the Larry Rovin United States - We intend to take aggressive legal Trisia Kavka-Coo an action a ainst TD Bank directl , etc. 11/23/09 Banyon Update - Ballamore Capital Ballamore PRODC 000174 Clients - lawsuit filed by an investor group led by 11/23/09 Communications Capital thru 000175 Douglas Von Allmen against Rothstein, TD Bank and Christopher Bo le Communications certain RRA and TD Bank ersonnel - Ballamore EFTA01106478 Category Date Description To 1 1Om Bates Nos. Notes Bill Dowd briefly referred to in the complaint as the party who Trisia Kavka-Coogan introduced Von Allmen to the investment, etc. Lenders and Investors - Scherer who represents a collection of RRA investors filed a lawsuit against Scott Rothstein, TD Bank...He also chose to name Banyon's Frank Preve in the suit, etc. 12/1/09 Banyon Update Letter Ballamore Capital Ballamore PRODC 000176 Amended lawsuit that include George Levin as a 11/30/09 Communications Capital thru 000178 defendant - Complaint makes several unsubstantiated Christopher Boyle Communications claims about Levin that we want to directly address, Bill Dowd etc. Larry Rovin Trisia Kavka-Coogan 12/4/09 Banyon Update - 12/4/09 Ballamore Capital Ballamore PRODC 000179 We have over the last month been urging George Communications Capital Levin at Banyon to start taking appropriate actions to Christopher Boyle Communications protects your interests - We have become frustrated Bill Dowd by slow visible progress, etc. Larry Rovin Trisia Kavka-Coogan 12/8/09 Banyon Update - 12/8/09 Ballamore Capital Ballamore PRODC 000180 Attached is communication we received from Banyon Communications Capital thru 000182 regarding their retention of litigation counsel - firm Christopher Boyle Communications selected has an excellent reputation - Colson Hicks Bill Dowd Eidson. Larry Rovin Trisia Kavka-Coogan 12/17/09 Banyon Update - Ballamore Capital Ballamore PRODC 000183 Our lawyers are currently working around the clock 12/16/09 Communications Capital thru 000184 to uncover the details and conduct the due diligence Christopher Boyle Communications that will necessitate the next steps in the legal process. Bill Dowd EFTA01106479 Category Date Description To From Bates Nos. Notes Larry Rovin Trisia Kavka-Coogan 12/18/09 Banyon Update - Ballamore Capital Ballamore PRODC 000185 Banyon's counsel intends to pursue three sources of 12/18/09 Communications Capital thru 000186 recovery: insurance proceeds, proceeds from the Christopher Boyle Communications bankruptcy proceedings, and recovery from TD Bank. Bill Dowd Larry Rovin Trisia Kavka-Coogan 12/28/09 Banyon Update - Ballamore Capital Ballamore PRODC 000187 We believe that the proper course of action at this time 12/28/09 Communications Capital thru 000191 based on the information we have is to permit Levin Christopher Boyle Communications and Banyon to pursue the claims against Rothstein the Bill Dowd law firm, TD Bank and others, etc. - Attached is letter Larry Rovin to Levin - Ballamor has asked you several times how Trisia Kavka-Coogan you plan to respond to this loss of Banyon funds and proactively pursue recovery - To date, you have not provided a definitive answer - we demand that you provide us with information and documents by 12/18/09. 12/31/09 Banyon Update - Ballamore Capital Ballamore PRODC 000192 Based on conversations with Banyon's counsel we feel 12/21/09 Communications Capital Banyon is making satisfactory progress to provide Christopher Boyle Communications information to the US attorney's office and that has Bill Dowd been the focus of Banyon's efforts, etc. Larry Rovin Trisia Kavka-Coogan 3/26/2010 Banyon Update - March Ballamore Capital Ballamore PRODC 000193 Banyon has been receiving voluminous discovery 26, 2010 Communications Capital thru 000194 from TD Bank via the Razorback lawsuit - received Christopher Boyle Communications extensive documentation on all of the RRA trust Bill Dowd accounts and they are in the process of mapping out Larry Rovin the money flows in these accounts, etc. EFTA01106480 Category Date Description To From Bates Nos. Notes Trisia Kavka-Coogan 10/20/09 Tax Indemnity PRODC 000195 Between the Von Allmens' and Bank of America - Agreement thru 000198 $1,000,000.00. & PRODC 000216 thru 000219 10/20/09 Trust Authority Letter PRODC 000199 Between the Von Allmens' and Bank of America. thru 000200 & PRODC 000220 thru 000221 10/20/09 Security Agreement PRODC 000201 Multiple Agreements Between the Von Allmens' and (Deposit Accounts - thru 000213 Bank of America with portion of principle amount Specific) & filled and other with amount in blank, but fully PRODC 000222 executed. thru 000234 10/20/09 Board of Governors of the PRODC 000214 Between the Von Allmens' and Bank of America Federal Reserve System thru 000215 $1,000,000.00. Statement of Purpose for & an Extension of Credit PRODC 000235 Secured by Margin Stock thru 000236 (Federal Reserve Form U- 1) 4/21/09 Confidential Settlement PRODG 000001 Exhibit A - Authority to Represent - Contract of Funding - Confidential thru 000048 Employment. Memorandum No. Exhibit B - Confidential Settlement Agreement and dated 4/21/09 General Release. Exhibit C - Sale and Transfer Agreements. Exhibit D - Acknowledgement of EFTA01106481 Category Date Description To 1: 1. O111 Bates Nos. Notes Assignment/Purchase of Settlement Proceeds. Additional Supporting Documentation - Emails, assignment of settlement proceeds correspondence, Defense Agreement, Personal Guaranty - All of these documents have been redacted. 3/24/08 Settlement Funding - A PRODG 000049 Private High Yield Low thru 000066 Risk Activist Investment Strategy - March 3, 2008 Banyon 1030-32, LLC 5/23/08 Banyon 1030-32, LLC PRODG 000067 Total Liabilities and Equity as of 5/23/08 - Balance Sheet as of thru 000068 $135,655,308.02 5/23/08 6/13/07 Pavano Dynasty Trust PRODG 000069 Delegation dated 6/13/07 thru 000071 6/13/07 Pavano Dynasty Trust PRODG 000072 000114 8/13/09 Pavano Dynasty Trust - PRODG 000115 Replaces Promissory Note 1 for $1,094,240.23 dated Sparveri, Jr. Trustee - thru 000119 2/14/09. Promissory Note (Investor) 8/13/09 Security Agreement - PRODG 000120 Pavano Dynasty Trust 1 dated 6/13/07 Joseph W. Banyon 1030-32, LLC thru 000139 Sparveri, Jr., Trustee. 10/26/09 Re: Pavano III Rollover Joseph W. Sparveri Jr. Chantal Preve PRODG 000140 Attachments Pavano III IS 10/25/09 pdf. (investment thru 000141 confirmation receipt) & PRODG 000700 10/21/09 Re: Pavano III Chantal Preve Joseph W. PRODG 000142 email chain - This note matures on or about 10/25/09 Frank Preve Sparveri Jr. & for $1MM - Kindly roll it over for another six months EFTA01106482 Category Date Description To From Bates Nos. Notes Joe DeSilva PRODG 000143 with interest paid. & PRODG 000220 thru 000221 & PRODG 000630 & PRODG 000631 & PRODG 000698 & PRODG 000699 9/29/09 FW: Banyon Joe DeSilva F. Preve PRODG 000144 send me a note when LaBonte's wire hits so I can Chantal Preve & confirm to him that we got it, etc. PRODG 000229 thru 000230 9/29/09 FW: Banyon Joe DeSilva Chantal Preve PRODG 000144 I need to be totally sure about crediting the $250,000 Joseph Sparveri Jr. & received today to the right Promissory Note in the F. Preve PRODG 000229 name of Roland G. LaBonte. thru 000230 9/16/09 Re: Pavano VI Joseph W. Spaveri Jr. Chantal Preve PRODG 000145 note matures 9/29/09 for $2MM - roll it over for F. Preve another six months with interest paid monthly. 9/16/09 Re: Pavano VI Joseph W. Spaveri Jr. Chantal Preve PRODG 000145 consider it done - will send you the update and note F. Preve around the 29th. 8/19/09 Pavano I & II Chantal Preve Joseph W. PRODG 000146 did you send me the new notes for these rollovers? Sparveri Jr. thru 000147 EFTA01106483 Category Date Description To From Bates Nos. Notes 8/26/09 Pavano I & II Joseph W. Spaveri Jr. Chantal Preve PRODG 000146 For sure one of them was signed by George who came thru 000147 back for a day during my absence. & PRODG 000148 thru 000149 8/13/09 Pavano Chantal Preve Sparveri PRODG 000150 Please confirm today's wire and let me asap when I thru 000151 will get a response to my requests concerning the company. 8/26/09 Re: Pavano Sparveri Chantal Preve PRODG 000150 have been away from office recovering - I hope Frank thru 000151 was able to get your request done. 8/26/09 Re: Pavano Chantal Preve Spaveri PRODG 000150 I assure you all good but have not had the time to do thru 000151 in depth response to share with you. & PRODG 000152 thru 000153 8/3/09 Pavano Chantal Preve Sparveri PRODG 000154 There are 2 notes which mature this month - is there thru 000156 any current financial information you can provide, etc. 8/5/09 Re: Pavano Spaveri Chantal Preve PRODG 000154 Pavano 1 & 2 have been rolled over and are awaiting F. Preve thru 000156 George's signature, etc. Joe DeSilva 8/5/09 Labonte III Withdrawal of Spaveri Chantal Preve PRODG 000157 We are wiring the funds as you requested for $400K from Principal F. Preve thru 000158 $400,000.00 - investment confirmation receipt Joe DeSilva & attached. PRODG 000159 & PRODG 000160 thru 000161 1/27/10 Link to today's Rothstein's Joe DeSilva Joe DeSilva PRODG 000162 After I sent out my earlier note, I came across this link EFTA01106484 Category Date Description To From Bates Nos. Notes court appearance on today's activity - www.sun- sentinel.com/ news/ broward/rothstein/ fl-rothstein- plea-20100127.0.2736583.story 1/27/10 Rothstein Sentencing Joe DeSilva Joe DeSilva PRODG 000163 expecting the sentencing of Rothstein today - just heard after pleading guilty to 5 charges, sentencing postponed until May - Attorney friend and Banyon investor feels the reason for delay is because he cooperates and is most likely naming names. 1/21/09 Re: Testing 1..2..3.. Sparveri Joe DeSilva PRODG 000164 Email thread regarding the testing / uploading of a file through sharefile. 1/20/09 Banyon George Levin Sparveri PRODG 000165 provide update as to getting investors paid - F. Preve insurance proceeds? Suit against TD Bank? Suit Joe DeSilva against others? 1/20/09 Banyon Sparveri Joe DeSilva PRODG 000165 I am told that the law firm is in the process of George Levin releasing a web site for everyone to have access to F. Preve with a password - I encourage you to keep in phone contact with George and or Frank. 1/06/08 Banyon News Joe DeSilva Joe DeSilva PRODG 000166 for those of you who may not have read or heard this news as of this morning, please visit this link - www.miamiherald.com/news/breaking-news- fullstory/story/1411878.html 12/16/09 Banyon Update - ? Laura Sherman PRODG 000167 Please find attached Banyon Update Letter for 12/16/09 12/16/09. 12/16/09 FW: Banyon Update - 12- Joe DeSilva Joe DeSilva PRODG 000167 I would like to add some observation to the letter just 16-09 sent out from Banyon - Some communication is better than none...George was insistent all day on getting something to all of us - the office continues to be taken over by a group of forensic accountants hired by Banyon, etc. EFTA01106485 Category Date Description To From Bates Nos. Notes 12/14/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000168 Colson and Hicks, has directed the Principals of Banyon to hold off sending any correspondence, email or otherwise out for an indefinite amount of time - George continues to be committed to keeping us all apprised on what is happening, etc. 12/16/09 Re: Colson Hicks Eidson Banyon Colleagues The Banyon PRODG 000169 It is important to us that all who were involved in the Update Group execution of this fraud are brought to justice, and we are doing our part to further that objective. 12/14/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000170 Duplicate of 000168 - Colson and Hicks, has directed the Principals of Banyon to hold off sending any correspondence, email or otherwise out for an indefinite amount of time - George continues to be committed to keeping us all apprised on what is happening, etc. 12/8/09 Banyon Release Joe DeSilva Joe DeSilva PRODG 000171 computer lines still down i the office in Ft. thru 000173 Lauderdale, so I had them fax me a copy of the release with today's date - I hope you find the news as encouraging as I do - it appears Banyon is taking the more aggressive approach toward resolution. Banyon 12/7 Release pdf attached. 12/7/09 Banyon Update Bulletin Joe DeSilva Joe DeSilva PRODG 000174 I understand today's update Release is scheduled to Tomorrow Morning & announce the formation of the Banyon Team which PRODG 000175 has been organized to move the issues at hand forward. 11/30/09 FW: Banyon Update Joe DeSilva Joe DeSilva PRODG 000176 If you are just receiving this from me, let me know so Letter - 11/30/09 thru 000178 that I can make sure that Laura has you included on her master list - November 30, 2009 Letter - amended lawsuit includes Levin - Levin did not know that Scott Rothstein was operating a Ponzi scheme, etc. EFTA01106486 Category Date Description To From Bates Nos. Notes 11/25/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000179 I, like you continue to be concerned as to the ultimate outcome - to date I have no reason other than to remain positive and hopeful. 11/23/09 Banyon Phone Numbers Joe DeSilva Joe DeSilva PRODG 000180 Here are the phone numbers you should be using - George's cell Frank's cell Office - 11/23/09 From Banyon Joe DeSilva Joe DeSilva PRODG 000181 Banyon ltr 11/23 - By dragging Mr. Preve into his thru 000182 complaint, Mr. Scherer revealed a shocking failure to investigate his case - as this release explains, Scherer appears to be more concerned with getting his name in the media and attracting potential new clients than he is about understanding the basic facts. 11/18/09 Banyon Visit Joe DeSilva Joe DeSilva PRODG 000183 Frank is back in the office and addressing the requests and needs of the Banyon legal team. 11/16/09 This Weeks Banyon Joe DeSilva Joe DeSilva PRODG 000184 11/16/09 Confidential Update from Banyon - Update thru 000185 Banyon's investigation of the role played by Toronto Dominion Bank continues to develop substantial evidence pointing the finger at the bank as a key player in these events. 11/12/09 Banyon Joe DeSilva Sparveri PRODG 000186 Joe Sparveri has requested that you upload a file throw h ShareFile. 11/12/09 Banyon Sparveri Joe DeSilva PRODG 000186 It said the file was uploaded so I am assuming it went to you. 11/12/09 Re: Joe DeSilva Sparveri Joe DeSilva PRODG 000187 George just returned my call... He will get proof of thru 000188 covers e out to ou before he leaves the office a ain. 11/12/09 Re: Joe DeSilva Sparveri Joe DeSilva PRODG 000187 Email thread requesting policy be sent via ShareFile thru 000188 system, etc. & EFTA01106487 Category Date Description To From Bates Nos. Notes PRODG 000189 thru 000191 11/12/09 Joe DeSilva Sparveri Joe DeSilva PRODG 000192 they will get you sometime today, at least a declaration page since they don't want the policy out there. 11/12/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000193 I say that predicated on the fact that all of our outstanding notes should be more than covered by a $70M insurance policy against the law firm - I believe we are in a good position - George is pushing for that policy to be paid asap - everyone awaits TD Bank's position which would appear by all accounts to be an accessory at least for unauthorized release of trust funds. 11/9/09 Banyon Update Joe DeSilva Joe DeSilva PRODG 000194 11/9/09 Confidential Update from Banyon - Banyon thru 000195 sought to protect its funds through multiple redundancies, including protections instituted by TD Bank, one of the top 15 commercial banks in the US - We intend to take aggressive legal action against TD Bank directly. 11/9/09 Banyon Information Joe DeSilva Joe DeSilva PRODG 000196 Banyon has been told by their attorneys to reconsider thru 000197 launching any website - fearful that even with password it will hit the newspapers and internet. 11/9/09 FW: Banyon Information Joe DeSilva Sparveri PRODG 000196 My emails to you are being caught up in your thru 000197 Barracuda Spam filter. & PRODG 000198 11/9/09 Re: Banyon Information Joe DeSilva Sparveri PRODG 000196 I have had no response to our note payoffs - where is thru 000197 our money? 11/9/09 Re: Banyon Information Sparveri Joe DeSilva PRODG 000196 I of course, don't know - I am guessing everything is EFTA01106488 Category Date Description To From Bates Nos. Notes thru 000197 being frozen - Put another call into Frank or George. 11/8/09 Resending - Banyon Joe DeSilva Joe DeSilva PRODG 000199 I was invited to Ft. Lauderdale today because a strategy meeting was taking place - Banyon is finalizing the makeup of its legal team. 11/8/09 Resending - Banyon Joe DeSilva Joe DeSilva PRODG 000199 Our ends are joined by a common link; with one we sit, with one we think - Success depends on which we use, Heads we win, tails we lose! 11/6/09 Sparveri Note Chantal Preve Sparveri PRODG 000200 Our note matures today, 11/6/09 - we would like Joe DeSilva thru 000201 payment of $150,000 principal together with the Frank Preve & accrued interest. PRODG 000241 thru 000242 11/6/09 Re: Sparveri Note Sparveri Joe DeSilva PRODG 000200 Frank and George were scheduled to be with thru 000201 attorneys for most of the day, they are trying to get the suit filed against the Bank today. 11/5/09 Important: Wall Street Joe DeSilva Joe DeSilva PRODG 000202 This article was put together in conjunction with the Journal Article thru 000204 PR firm hired by Banyon - The Wall Street Journal - 11/5/09 - Investors Blame Bank's Actions in Alleged Fraud - B Nathan Ko l 11/4/09 Banyon Update Joe DeSilva Joe DeSilva PRODG 000205 The general belief and agreement is that the Bank should be the center of our attention and it was determined that since the Bank has not come forward...to acknowledge which appear to be questionable practices, a suit needed to be filed asap and that is the focus of the steerin ou . 11/3/09 Banyon Joe DeSilva Joe DeSilva PRODG 000206 Things looking a hell of a lot better than last night - thru 000207 meetings taking place and feedback that I am getting & is very good. PRODG 000210 EFTA01106489 Category Date Description To From Bates Nos. Notes 11/3/09 Re: Banyon Joe DeSilva Richard Bruno PRODG 000206 I got that impression talking to Frank a few minutes thru 000207 ago - apparently Rothstein is back in town, which I hope is good news, etc. 11/3/09 Re: Banyon Richard Bruno Joe DeSilva PRODG 000206 I can't explain in detail but I can tell you this is some thru 000207 group George has put together - they had tracked & Rothstein's whereabouts out of the country, followed Sparveri PRODG 000208 the plane on "plane tracker", etc. There are things Chad LaBonte thru 000209 going on that I am not a part of. 11/3/09 Frank (Banyon's) Cell Joe DeSilva Joe DeSilva PRODG 000211 954-482-2135 Phone 11/3/09 Banyon Joe DeSilva Joe DeSilva PRODG 000212 My understanding is that Levin is going to attempt to reach out to all of you by phone - My suggestion to each of you...is to put a call into the office for George or Frank. 11/2/09 Re: Important Joe DeSilva Joe DeSilva PRODG 000213 I received the attached letter from Banyon - signed by Notification Letter from thru 000214 Levin - I know no more than the letter states - George Banyon & assures me that our interests are protected, etc. - PRODG 000217 Letter attached to 000217 - We have just been notified thru 000218 RRA is unable to account for certain trust funds - & These funds may have been included in law firm trust PRODG 000340 accounts that flow directly to Banyon entities as thru 000341 repayment of purchased settlements. 11/2/09 Re: Important Joe DeSilva Joe DeSilva PRODG 000213 As George's letter had noted he contacted the US Notification Letter from thru 000214 Attorney's Office when Banyon had gotten word that Banyon & there may be an issue with "certain" attorney trust PRODG 000215 accounts - If you call Frank, the answer you are going thru 000216 to get is that he is not available which is & understandable as they are attempting to get to the