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To: scion who wrote (2145)	7/17/2008 2:41:32 PM
From: scion	Respond to of 2347

07/17/2008 340 RESPONSE in Opposition re: 191 MOTION for Sanctions and Entry of Contempt against Universal Express, Altomare and Gunderson. First Supplemental Response to Plaintiff's Second Submission Regarding Contempt & Combined Second Motion for Relief from Contempt. Document filed by Richard A. Altomare. (Tifford, Arthur) (Entered: 07/17/2008) ------------------- Doc 340 Extract DEFENDANT, RICHARD A. ALTOMARE’S FIRST SUPPLEMENTAL RESPONSE TO THE PLAINTIFF’S SECOND SUBMISSION REGARDING CONTEMPT AND COMBINED SECOND MOTION FOR RELIEF FROM CONTEMPT [1] Richard A. ALTOMARE, by and though his undersigned attorney, hereby files his first supplemental response to the SEC’s second submission on Altomare’s contempt and defendant’s second motion for relief from contempt. The purpose of this first supplemental response is to inform the Court and document the two new developments set forth below which modify all pertinent statements of fact and discussion in his response electronically filed on July 15, 2008. [Docket No. 339]. [1] The SEC’s second submission was filed July 2, 2008, Doc.#338. 1. On July 16, 2008, Altomare’s counsel received a new listing agreement between the Altomares and Caldwell Banker, Real Estate Broker re-listing for sale of the Bocaire residence. See DX-64; Bates Numbers 2614-2622. The re-listing for sale is effective July 12, 2008. 2. On July 15, 2008, at 10 p.m., more or less, Mrs. Altomare was served with legal process of a civil action to foreclose the first mortgage, all junior mortgages and encumbrances thereto and ownership interest in the Toscano condominium, the proceedings being known as Florida 15th Judicial Circuit Case No. 50 2008 CA 020259XXXXMB, and captioned Wells Fargo Bank, N.A., as Trustee on behalf of The Harborview 2006-12 Trust Fund v. Richard A. Altomare, et al. Mr. Altomare also was served by substituted service of the court process on Mrs. Altomare. A true and accurate of the Civil Action Summons, Lis Pendens and Complaint are attached as DX-65; Bates numbers 2623-2652. Respectfully submitted, TIFFORD AND TIFFORD, P.A. ARTHUR W. TIFFORD, ESQ. Lead Counsel for Defendant Richard A. Altomare 1385 NW 15 Street Miami FL 33125 Telephone: (305) 545-7822 Telefax: (305) 325-1825 BY /s/ ARTHUR W. TIFFORD (NY ID-011481)

To: scion who wrote (2145)	7/18/2008 3:58:06 PM
From: scion	Read Replies (2) \| Respond to of 2347

USXP Pacer NY Update 17 Jul 08 Date Filed # Docket Text 07/18/2008 341 STATUS REPORT. Reply to Second Submission on Altomare Contempt Document filed by U.S. Securities and Exchange Commission. (Attachments: # 1 Exhibit 22 Credit card cash advance, # 2 Exhibit 36 Checks for Jewelry, # 3 Exhibit 37 Credit Card cash advance, # 4 Exhibit 38 Cash advance, # 5 Exhibit 68 Weinstein invoice 2-7-08, # 6 Exhibit 44 Encore Holdings acquisition, # 7 Exhibit 69 Segoes Trust transaction)(Hughes, Leslie) (Entered: 07/18/2008) Part Description 1 Main Document 10 pages 2 Exhibit 22 Credit card cash advance 6 pages 3 Exhibit 36 Checks for Jewelry 2 pages 4 Exhibit 37 Credit Card cash advance 1 page 5 Exhibit 38 Cash advance 1 page 6 Exhibit 68 Weinstein invoice 2-7-08 12 pages 7 Exhibit 44 Encore Holdings acquisition 28 pages 8 Exhibit 69 Segoes Trust transaction 5 pages