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To: scion who wrote (2150)7/18/2008 4:44:58 PM
From: scion  Respond to of 2347
 
Doc 341 Extract Part 4
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III. Conclusion

Altomare has failed to submit documents or information to the SEC or to the Court which demonstrate categorically and in detail that it is financially impossible for him to pay any amount toward satisfaction of the judgment, which is his burden. Altomare continues to have access to liquid assets which may be a source of funds to satisfy the judgment. Plaintiff is continuing to analyze documents recently produced by Altomare, and has retained a forensic accountant to analyze the records.

For the reasons discussed above, the Commission respectfully requests that the Court order that Altomare remain incarcerated until he pays the disgorgement and prejudgment interest in full, or proves categorically and in detail that any payment is impossible. The SEC also requests that the Court freeze Altomare’s assets to prevent further dissipation. This freeze should be limited to exclude the Toscana condominium, which is currently in foreclosure, but extend to its contents which Altomare could sell.

Dated: July 18, 2008
s/ Leslie J. Hughes
Julie K. Lutz
Leslie J. Hughes
Attorneys for the Plaintiff
Securities and Exchange Commission

-----------------

07/18/2008 341 STATUS REPORT. Reply to Second Submission on Altomare Contempt Document filed by U.S. Securities and Exchange Commission.



To: scion who wrote (2150)7/18/2008 7:13:56 PM
From: scion  Respond to of 2347
 
I have an opportunity for your foreign fund. I would give a 50% return in 60 days. This foreign (swiss) company will be trading on two European Exchanges by that time.)

Doc 341-6 Extract

Page 1

our phone call Monday, January 14, 2008 10:47 AM From:

"Richard Altomare" <raaltomare@yahoo.com>
To: "michael xirinach" <xirinachsm@yahoo.com>

I have an opportunity for your foreign fund.I would give a 50%return in 60 days.This foreign (swiss) company will be trading on two European Exchanges by that time.) would like to meet to discuss the companies to be acquired by this holding company.lf meeting is not possible,we can speak by phone anytime. Despite the ongoing legal case in the Appelate Court of which I am involved,this foreign investment is a fresh and completely separate investment vehicle.) will follow with one of the to be acquired entities business plans..As always ,you will find the professionalism and loyalty to my return guarantees.500,000USD traunches would be suggested until this company has created a corporate history similar to our personal one and then it can be increased.
[...]

Fwd: SkyPostal Business Plan Monday, January 14, 2008 11:11 AM

From: "Richard Altomare" <raaltomare@yahoo.com>
To: "michael xirinach" <xirinachsm@yahoo.com>
SkyPostal Business Plan.eml (192KB)

As promised
Note: forwarded message attached.

Monday, October 22, 2007 1:30 PM
Forwarded Message: SkyPostal Business Plan
SkyPostal Business Plan
From: "Albert Hernandez" <aph@skypostal.com>
To: raaltomare@yahoo.com
SkyPostal Business Plan 171u107.pdf (142KB)
[...]

Page 28

Monday, December 24, 2007 8:33 AM
From: "Richard Altomare" <raaltomare@yahoo.com>
To: "michael xirinach" <xirinachsm@yahoo.com>

Divorces like unfair and unfriendly takeovers can raise havoc with our emotions during the Holiday Season.You may not yet see the wisdom of investing with my foreign company trading overseas,but you can still talk to me if you need a friend during the next few weeks.lRich
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Doc 341 Extract Part 3
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While pleading poverty to the Court, Altomare directed his attorney, defendant Chris Gunderson, to incorporate Encore Holdings, Inc., entered into a lease of a virtual office, conducted negotiations to acquire a company operating in Florida, and offered an investment in the enterprise to at least one of the former investors in Universal Express. See attached deposition Exhibit 44. Altomare failed to disclose any of these activities in either the January 18, or February 4, 2008 hearings. While it is not illegal for Altomare to form a corporation, Response at 42-43, he is prohibited from offering securities when no registration statement is in effect or filed for the transaction, or serving as an officer or director of a public company.



To: scion who wrote (2150)9/27/2009 3:32:22 PM
From: scion  Read Replies (2) | Respond to of 2347
 
ENCORE HOLDINGS OF DELAWARE, INC. - Date Filed 09/22/2009

Cross Reference Name
ENCORE HOLDINGS, INC.
Filing Information
Document Number F09000003770
FEI/EIN Number NONE
Date Filed 09/22/2009
State DE
Status ACTIVE

Principal Address
44 WALL STREET, 12TH FLOOR
NEW YORK NY 10005
Mailing Address
44 WALL STREET, 12TH FLOOR
NEW YORK NY 10005
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE FL 32301-2525 US
Officer/Director Detail
Name & Address
Title CDPS
ALTOMARE, BARBARA
4904 BOCAIRE BLVD
BOCA RATON FL 33487
Title T
ALTOMARE, BARBARA
4904 BOCAIRE BLVD
BOCA RATON FL 33487

ENCORE HOLDINGS OF DELAWARE, INC.
Cross Reference Name
ENCORE HOLDINGS, INC.
Filing Information
Document Number F09000003770
FEI/EIN Number NONE
Date Filed 09/22/2009
State DE
Status ACTIVE

Principal Address
44 WALL STREET, 12TH FLOOR
NEW YORK NY 10005
Mailing Address
44 WALL STREET, 12TH FLOOR
NEW YORK NY 10005
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE FL 32301-2525 US

Officer/Director Detail
Name & Address
Title CDPS
ALTOMARE, BARBARA
4904 BOCAIRE BLVD
BOCA RATON FL 33487
Title T
ALTOMARE, BARBARA
4904 BOCAIRE BLVD
BOCA RATON FL 33487

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