UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Transcription

1 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 DAVID R. ZARO (BAR NO. ) JOSHUA A. DEL CASTILLO (BAR NO. 0) TIM C. HSU (BAR NO. 0) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP South Figueroa Street, Suite 00 Los Angeles, California 00- Phone: () - Fax: () 0- dzaro@allenmatkins.com jdelcastillo@allenmatkins.com thsu@allenmatkins.com Attorneys for Receiver DAVID P. STAPLETON SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, YIN NAN "MICHAEL" WANG; WENDY KO; VELOCITY INVESTMENT GROUP, INC.; BIO PROFIT SERIES I, LLC; BIO PROFIT SERIES II, LLC; BIO PROFIT SERIES III, LLC; BIO PROFIT SERIES V, LLC; and ROCKWELL REALTY MANAGEMENT, INC., Defendants. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CV --JAK (SSx) NOTICE OF MOTION AND OMNIBUS MOTION OF RECEIVER, DAVID P. STAPLETON, FOR ORDER: () APPROVING RECEIVER'S RECOMMENDED TREATMENT OF CLAIMS; AND () AUTHORIZING RECOMMENDED DISTRIBUTION ON ALLOWED CLAIMS [Supporting Declaration of David P. Stapleton; and [Proposed] Order submitted concurrently herewith] Date: March 0, 0 Time: 0:00 a.m. Ctrm: 0 Judge: Hon. Suzanne H. Segal, Magistrate Judge LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

2 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on March 0, 0, at 0:00 a.m., in Courtroom 0 of the above-entitled Court, located at E. Temple St., Los Angeles, CA 00, David P. Stapleton (the "Receiver"), the Court-appointed receiver for Velocity Investment Group, Inc., Bio Profit Series I, LLC, Bio Profit Series II, LLC, Bio Profit Series III, LLC, Bio Profit Series V, LLC, Rockwell Realty Management, Inc., and their respective subsidiaries and affiliates (collectively, the "Receivership Entities" or "Entities"), will and hereby does move the Court for an order () approving the Receiver's recommended treatment of claims against the Receivership Entities; and () authorizing a pro rata distribution on all claims recommended for allowance and payment, as detailed further herein. This Motion is based on this Notice of Motion and Motion, the attached Memorandum of Points and Authorities, the supporting declaration of the Receiver, the documents and pleadings already on file in this action, and upon such further oral and documentary evidence as may be presented at the time of the hearing. If you oppose this Motion, you are required to file a written opposition with the Office of the Clerk, United States District Court, North Spring Street, Los Angeles, California 00 and serve the same on the undersigned no later than calendar days prior to the hearing on this Motion. If you fail to serve a written opposition by the above deadline, the Court may grant the Receiver's requested relief without further notice. \\\ \\\ \\\ \\\ \\\ \\\ LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

3 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 0 0 This motion is made following conference of counsel pursuant to Local Rule -, which was initiated on February, 0. Dated: February, 0 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP DAVID R. ZARO JOSHUA A. DEL CASTILLO TIM C. HSU By: /s/ Joshua A. del Castillo JOSHUA A. DEL CASTILLO Attorneys for Receiver DAVID P. STAPLETON LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

4 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 TABLE OF CONTENTS I. EXECUTIVE SUMMARY... II. RELEVANT FACTUAL BACKGROUND... A. The Court-Approved Summary Claims Process... B. Notice And Solicitation Of Claims... C. Processing Of Claims Received... III. ARGUMENT... 0 A. This Court's Authority And The Legal Standard For Determining Validity Of Claims... 0 B. This Court Should Subordinate Certain Entity Claims Because Funds Recovered By The Receiver Are Held In Constructive Trust For The Benefit Of Defrauded Investors And Creditors... C. Allowed Claims Should Be Paid Only Based On Net Damages, And Should Not Compensate Demands For Interest, Fees, Or Costs... D. Virtually All Defrauded Investor Claims For Allowance In The Claims Summary Should Be Allowed, On A Priority Basis, And Paid, Pro Rata... E. Only One Non-Investor Creditor Claim Should Be Allowed And Paid... IV. RECOMMENDED DISTRIBUTION PLAN... A. Administrative Claims... B. Investor Claims... C. Non-Investor Creditor Claims... D. Taxing Entity Claims... E. Any Funds Remaining After The Payment Of Administrative Expenses And Distributions On Allowed, Priority Claims, Should Be Remitted To The Plaintiff Securities And Exchange Commission... Page LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

5 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP Cases TABLE OF AUTHORITIES 0.0/LA -- Page(s) Bennett v. Williams, F.d (th Cir. )... First Empire Bank-New York v. FDIC, F.d (th Cir. )... FTC v. Ameridebt, Inc., F.Supp.d (D. Md. 00)... FTC v. Crittenden, F.Supp. (C.D. Cal. )... In re Taubman, 0 B.R. (Bankr. S.D. Ohio )... In re Tedlock Cattle Co., Inc., F.d (th Cir. )... In re Thinking Machines Corp., B.R. (D. Mass. )... Lundell v. Anchor Contr. Specialists, Inc., F.d 0 (th Cir. 000)..., Revere Copper & Brass, Inc. v. Adriance Machine Works, Inc., F.d (d Cir. )... SEC v. Capital Consultants, LLC, F.d (th Cir. 00)... 0,, SEC v. Elliot, F.d 0 (th Cir. )... 0 SEC v. Hardy, 0 F.d 0 (th Cir. )... 0, SEC v. Private Equity Mgmt. Group, Inc., 0 U.S. Dist. LEXIS (C.D. Cal. September, 0)... SEC v. Stephenson Equity Util. Co., F.Supp.d (S.D.N.Y. 00)... SEC v. Topworth Int'l, Ltd., 0 F.d 0 (th Cir. )... 0, SEC v. Wencke, F.d (th Cir. 0)... 0 Southwestern Media, Inc. v. Rau, 0 F.d (th Cir. )... NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

6 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 Page(s) United States v. Real Property Located at and State Highway North, F.d (th Cir. )... LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

7 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 MEMORANDUM OF POINTS AND AUTHORITIES I. EXECUTIVE SUMMARY. This Court previously established summary claims procedures whereby persons and entities with claims for payment against the Receivership Entities could submit those claims for review and processing by the Receiver. The Receiver has provided notice of the Court's approved summary claims procedures to prospective claimants, including via website postings and domestic and international publications, and the claims bar date established by the Court has lapsed. The Receiver has now completed his review and processing of all timely claims and is prepared to make his recommendations to the Court regarding which claims should be allowed and in what amounts, which claims should be prioritized, which claims should be subordinated, and which claims are subject to objection and recommended for denial. In addition, the Receiver is now prepared to make a pro rata distribution in the aggregate amount of approximately $. million, on allowed, priority claims, and he requests authorization from the Court to do so. The Receiver expects that his proposed distribution will be the first and only distribution made in the above-entitled receivership case. The following table summarizes the nature and amounts of claims received and the aggregate amounts the Receiver recommends should be paid: Creditor Category Number of Claims Received Aggregate Amount for Allowance Aggregate Amount to be Paid on Allowed Claims Investors $,0,0. $,,. Taxing Entities $,. $0 Non-Investor Creditors $,0,0.0 $,. TOTAL: $,,. $,,00. LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

8 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 As the Court may recall, at the inception of the receivership, the Receivership Entities had few assets of value. Nonetheless, the Receiver has succeeded in recovered funds sufficient to make a nearly $ million distribution on allowed claims. Having recovered available funds, and having recently completed his processing of timely claims, the Receiver respectfully submits that it is now appropriate for the Court to enter an order on his recommended treatment of claims, and to approve and authorize a distribution plan on allowed claims. II. RELEVANT FACTUAL BACKGROUND. A. The Court-Approved Summary Claims Process. On January, 0, the Receiver filed his Motion for Order: () Establishing Summary Claims Procedures; () Setting Claims Bar Date; and () Approving Proposed Claim Form (the "Claims Procedures Motion"), proposing summary claims procedures to be employed in this matter. (Dkt. Nos.,.) The Court entered an order granting the Claims Procedures Motion (the "Procedures Order") on March, 0. (Dkt. No. 0.) B. Notice And Solicitation Of Claims. After the entry of the Procedures Order, and in accordance therewith, the Receiver established a claims bar date of May, 0. (See concurrently filed Declaration of David P. Stapleton ["Stapleton Decl."].) Notice of the bar date was published in the Los Angeles Times and the China Times (a Chinese-language publication in Taiwan, where virtually all Receivership Entity investors are located), as well as on the Receiver's website, and provided to those putative creditors for whom the Receiver had direct contact information. (Id. at.) The Court-approved claim form was also provided to prospective claimants and made available for download on the Receiver's website. (Id.) C. Processing Of Claims Received. Ultimately, timely investor and non-investor creditor claims were submitted to the Receiver, requesting payment of more than $ million. (Id. at LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

9 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0.) Thereafter, the Receiver commenced an initial review of claims intended to ensure that claims were complete, not duplicative of claims submitted by other persons or entities, and supported by documentation appropriate to the nature of the claim. (Id.) The Receiver has compiled his recommendation for the treatment of all timely claims received in the Claim Summary, attached as Exhibit hereto. (Id. at, Ex..) The Claims Summary identifies: Each claimant; Each claimant's net claim amount; The Receiver's recommended treatment of each claim; and Any information uniquely relevant to each claim or his recommended treatment of each claim. (Id.) As reflected in the Claims Summary, the claims received fell into the following general categories, discussed in greater detail below: Investor claims: The Receiver received timely claims from investors in the Receivership Entities, all but one of which are recommended for allowance; Taxing entity claims: The Receiver received claims from taxing entities relating to the Receivership Entities' business and financial activities. The Receiver recommends allowing all taxing entity claims, in full, but subordinating them until all investor claims are paid, in full, meaning no taxing entity claims will be paid; and Non-investor creditor claims: The Receive received non-investor creditor claims, one of which is recommended for allowance, in part, and two of which are recommended for denial. (Id. at.) LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

10 Case :-cv-0-jak-ss Document Filed 0// Page 0 of Page ID #: 0 0 III. ARGUMENT. A. This Court's Authority And The Legal Standard For Determining Validity Of Claims. "The power of a district court to impose a receivership or grant other forms of ancillary relief does not in the first instance depend on a statutory grant of power from the securities laws. Rather, the authority derives from the inherent power of a court of equity to fashion effective relief." SEC v. Wencke, F.d, (th Cir. 0). The "primary purpose of equity receiverships is to promote orderly and efficient administration of the estate by the district court for the benefit of creditors." SEC v. Hardy, 0 F.d 0, 0 (th Cir. ). As the appointment of a receivers is authorized by this Court's equitable powers, so too is any distribution of assets to be undertaken equitably and fairly. SEC v. Elliot, F.d 0, (th Cir. ). Moreover, district courts have broad power to determine the appropriate method of administering a receivership estate. As the Ninth Circuit has explained: A district court's power to supervise an equity receivership and to determine appropriate action to be taken in the administration of the receivership is extremely broad. The district court has broad powers and wide discretion to determine the appropriate relief in an equity receivership. SEC v. Capital Consultants, LLC, F.d, (th Cir. 00); see also SEC v. Topworth Int'l, Ltd., 0 F.d 0, (th Cir. ) ("This court affords 'broad deference to the [district] court's supervisory role and 'we generally uphold reasonable procedures instituted by the district court that serve th[e] purpose' of orderly and efficient administration of the receivership for the benefit of creditors."). LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -0- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

11 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 In supervising the instant receivership, this Court must "make rules which are practicable as well as equitable." Hardy, 0 F.d at 0 (quoting First Empire Bank-New York v. FDIC, F.d, (th Cir. )). Where, as here, the funds recovered are insufficient to satisfy all claims in full, the Ninth Circuit and other courts have endorsed a so-called MIMO ("money-in / money-out") approach to claim evaluation, which enables a receiver to determine the net value of investor and non-investor creditor claims. See, e.g., Capital Consultants, LLC, F.d at (describing net claim calculus as "an administratively workable and equitable method of allocating the limited assets of a receivership"); Topworth, 0 F.d at ; In re Tedlock Cattle Co., Inc., F.d, (th Cir. ); In re Taubman, 0 B.R., 0- (Bankr. S.D. Ohio ). Here, there are insufficient funds available to pay 00% of all investor principal and base amounts due to vendors and other creditors. (Stapleton Decl.,.) Accordingly, the so-called MIMO approach is appropriate when considering the amounts due to claimants with regard to investments or contracts. (Id.) All amounts claimed over investor principal or base amounts due on contracts should be disallowed. (Id.) It is for this reason that the Receiver's prior submissions regarding the claims procedures proposed allowing claims based only on net investment or contribution, meaning that claims for punitive or consequential damages, attorneys' fees, and similar payments would not be allowed. (See, e.g., Dkt. No..) In the context of receivership and similar proceedings, it is a claimant's burden to establish a valid claims against a receivership estate. See Lundell v. Anchor Contr. Specialists, Inc., F.d 0, 0 (th Cir. 000); Revere Copper & Brass, Inc. v. Adriance Machine Works, Inc., F.d, (d Cir. ). Accordingly, claims (or portions thereof) submitted without support for the amount claimed, and which cannot be reconciled with the Receiver's records and analysis, should be denied. LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

12 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: 0 0 Finally, in the estate administration context, courts are deferential to the business judgment of bankruptcy trustees, receivers, and similar estate custodians. See, e.g., Bennett v. Williams, F.d, (th Cir. ) ("[W]e are deferential to the business management decisions of a bankruptcy trustee."); Southwestern Media, Inc. v. Rau, 0 F.d, (th Cir. ) ("The decision concerning the form of [estate administration] rested with the business judgment of the trustee."); In re Thinking Machines Corp., B.R., (D. Mass. ) ("The application of the business judgment rule and the high degree of deference usually afforded purely economic decisions of trustees, makes court refusal unlikely.") (rev'd on other grounds, In re Thinking Machines Corp., F.d 0 (st Cir. )). The Receiver respectfully submits that a MIMO, or netting, analysis of all claims therefore represents the best means for promoting an orderly, fair, and efficient administration of claims. (Stapleton Decl.,.) Indeed, considering the nature and amount of the claims received, including overstated claims, claims submitted without complete evidentiary support, and claims impermissibly requesting recovery of damages or attorneys' fees, a MIMO analysis of claims is absolutely critical to the equitable treatment of creditors. (Id.) B. This Court Should Subordinate Certain Entity Claims Because Funds Recovered By The Receiver Are Held In Constructive Trust For The Benefit Of Defrauded Investors And Creditors. Where, as here, a receiver is appointed at the behest of a federal agency, the funds recovered by the receiver are ordinarily held in constructive trust for the victim class that agency is charged with protecting. As a practical matter, this means that Taxing Entity, non-investor creditor, and other unsecured, non-investor claims may be subject to subordination, to the extent they are allowed at all. See, e.g., FTC v. Crittenden, F.Supp., 0 (C.D. Cal. ) (receivership funds held in constructive trust distributed to former customers regardless of effect on IRS LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

13 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: claims); FTC v. Ameridebt, Inc., F.Supp.d,, (D. Md. 00) (under the doctrine of constructive trust, "even if the IRS ha[d] placed liens on Defendants' assets, those liens would not attach to property that was wrongfully obtained from consumers"); SEC v. Private Equity Mgmt. Group, Inc., 0 U.S. Dist. LEXIS, *- (C.D. Cal. September, 0) ("Furthermore, the Court concludes that considerations of expedience and of preserving Receivership funds for distribution to the defrauded investors favor" treating a receivership res as held in constructive trust for investors); SEC v. Stephenson Equity Util. Co., F.Supp.d, (S.D.N.Y. 00) ("A constructive trust is a powerful remedy, as it cuts off the rights of general creditors as well as the rights of the United States"). Here, as addressed below, the Receiver recommends subordinating all Taxing Entity claims. (Stapleton Decl.,.) Subordination of Taxing Entity claims is appropriate because all of the funds raised by the Receivership Entities and at issue in this matter, whether expended by the Receivership Entities in accordance with stated investment goals or diverted for impermissible purposes, were derived exclusively from investors, and the investment scheme was perpetuated, at least in part, by Ponzi-like payments and improper commingling of investor funds and their affiliates among the Entities. (See, e.g., Dkt. No. ; Stapleton Decl.,.) As reflected in the Receiver's prior submissions to the Court, other than defrauded investors, only one party (a non-investor creditor whose claim is recommended for allowance, in part, below) appears to have been the subject of dishonest or unlawful conduct on the part of the Receivership Entities. (Id.) Accordingly, the investors arguably have an equitable right to repayment above all other comers. (Id.) This is especially true as to unsecured, non-investor creditors or service providers, all or most of whom may have other remedies for pursuing a recovery, including via the pursuit of litigation or the enforcement of guarantees against Defendants Wang and Ko, the Receivership Entities' principals. (Id.) LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

14 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP For these reasons, the Receiver respectfully submits that all Taxing Entity claims identified in the Claims Summary be deemed allowed, but should be subordinated to allowed, priority investor claims and creditor claims. (Id.) These subordinated Taxing Entity claims, if allowed, should not be paid until all priority claims are paid, in full. (Id.) Given that there are insufficient funds available to repay all investor claims at 00%, the Taxing Entity claims will, accordingly, not be paid. (Id.) C. Allowed Claims Should Be Paid Only Based On Net Damages, And Should Not Compensate Demands For Interest, Fees, Or Costs. As the Ninth Circuit has noted, equity demands equal treatment of victims in a factually similar case. United States v. Real Property Located at and State Highway North, F.d, (th Cir. ). Accordingly, as was expressly approved in Capital Consultants, LLC, F.d at, all claimants with allowed claims should be paid on the basis of the net valuation of their claim, meaning that distributions are intended to compensate for actual damages sustained by a claimant, not consequential amounts, including interest, attorneys' fees, or other costs. The Receiver therefore strongly recommends that any portions of claims attributable to attorneys' fees, or other costs be denied, even in instances where the remainder of a claim is recommended for allowance. (Stapleton Decl.,.) D. Virtually All Defrauded Investor Claims For Allowance In The Claims Summary Should Be Allowed, On A Priority Basis, And Paid, Pro Rata. As noted above, in the context of proceedings like this receivership, it is a claimant's burden to establish a valid claims against a receivership estate. See, e.g., Lundell, F.d at 0. Given the nature of the receivership and the number of Certain investor claims and the sole non-investor creditor claim recommended for allowance requested compensation for interest, attorneys' fees, and costs. As noted above, these portions of the claims should be denied. (Stapleton Decl...) 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

15 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: investor claims received, the Receiver has determined, in his reasonable business judgment, that a MIMO or netting analysis is appropriate for determining each investor's claim. (Stapleton Decl.,.) On the basis of such an analysis, and as reflected in the Claims Summary, the Receiver recommends investor claims for allowance, in the aggregate amount of $,0,0., to be paid on a pro rata basis. (Id.) E. Only One Non-Investor Creditor Claim Should Be Allowed And Paid. As noted above, and as reflected in the Claims Summary, the Receiver received a total of three () non-investor, creditor claims, two () of which were received from entities previously holding secured interests in properties owned by the Receivership Entities and later sold by the Receiver, with Court permission. (Stapleton Decl., 0.) These secured creditors, Frank Zeng and Hilda Zeng, and REO Property Group, LLC have already been paid, in full, from the sales proceeds of the relevant properties, and are not entitled to additional payments. (Id.) The remaining non-investor creditor, Huntington Capital, L.P. ("Huntington Capital"), is a judgment creditor of the Receivership Entities who challenged as fraudulent a transfer which benefitted the Receivership Entities and allegedly resulted in the impairment of its pre-receivership interest in commercial property. (Id.) While Huntington Capital submitted a claim in the amount of $,,., as reflected in the Claims Summary, this claim includes demands for payment of post-judgment interest, attorneys' fees, and other costs. (Id.) As noted above, the claims process is intended only to compensate claimants equitably for their actual damages. As such, and based on the materials submitted by Huntington Capital in support of its claim, the Receiver recommends Huntington Capital's claim be allowed, in the amount of $,0,0.0 the amount of its actual damages as reflected in the judgment entered in its favor, less a $,000 settlement payment LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

16 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: already made by the Receiver to be paid alongside allowed investor claims, on a pro rata basis. (Id.) IV. RECOMMENDED DISTRIBUTION PLAN. At present, the Receiver has approximately $,0,. on-hand for the benefit of the Receivership Entities and their creditors. (Stapleton Decl..) The Receiver proposes distributing $,,00. to claimants with allowed, unsubordinated claims. (Id.) This amount reflects a reasonable estimate of cash onhand less those fees and costs already incurred by the Receiver and his professionals but not yet approved by the Court, and a reasonable estimate of the fees and costs to be incurred from the date of the submission of this Motion through the wind-down and termination of the instant receivership. (Id.) By way of specific summary, the Receiver proposes making one-time distribution of $,,00., to be paid, pro rata, on all allowed, non-subordinated claims. (Id.) The priority of payment will be as follows: A. Administrative Claims. The fees and costs of the Receiver and his professionals are prioritized as administrative claims, but are subject to review and approval by the Court as provided for in the order appointing the Receiver and other orders of the Court. Accordingly, the Receiver will deduct from the total cash on-hand $,., reflecting his reasonable estimate of the fees and costs incurred by himself and his professional, but not yet approved by the Court, as well as those fees and costs to be incurred from the date of the submission of this Motion through the termination of the instant receivership. (Id.) The Receiver and his professionals will continue to submit their fee and expense reimbursement requests for Court review and approval, as they have done throughout the pendency of the present receivership. These requests will not be subject to payment on a pro rata basis and are separate from the Receiver's proposed distribution plan on allowed claims. LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

17 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: B. Investor Claims. As noted above, the Receiver proposes allowing all investor claims recommended for approval in the Claims Summary in the amounts reflected therein. (Id. at.) The Receiver proposes to make a one-time, pro rata distribution on all such allowed investor claims prior to the termination of the present receivership. (Id.) C. Non-Investor Creditor Claims. The Receiver recommends allowing the Huntington Capital Claim in the amount of $,0,0.0, and making a one-time, pro rata distribution on the claim, prior to the termination of the present receivership. (Id. at 0.) As reflected in the Claims Summary, the Receiver recommends that all other non-investor creditor claims be denied. (Id.) D. Taxing Entity Claims. The recommends that Taxing Entity claims be allowed, in the amount of their face value, but subordinated to administrative expenses and claimants with allowed, priority claims. (Id. at.) As noted above, subordination of Taxing Entity claims is appropriate here because the Receiver holds all funds recovered in constructive trust for the benefit of defrauded investors, whose claims should be given an equitable priority over other unsecured claims. (Id.) As a practical result of his recommended subordination, the Receiver does not expect to make payments on any Taxing Entity claims. (Id.) E. Any Funds Remaining After The Payment Of Administrative Expenses And Distributions On Allowed, Priority Claims, Should Be Remitted To The Plaintiff Securities And Exchange Commission. While the Receiver is confident in his estimate of the administrative fees and costs remaining in this matter, and does not expect that any meaningful surplus will remain after the payment of administrative fees and costs and a distribution on LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

18 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #: allowed claims, to the extent that any funds do remain (presumably, as a result of an overestimation of administrative fees and costs), the Receiver proposes turning over such funds to the Plaintiff Securities and Exchange Commission. (Id. at.) Dated: February, 0 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP DAVID R. ZARO JOSHUA A. DEL CASTILLO TIM C. HSU By: /s/ Joshua A. del Castillo JOSHUA A. DEL CASTILLO Attorneys for Receiver DAVID P. STAPLETON LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 0.0/LA -- NOTICE OF MOTION AND MOTION FOR ORDER ON RECOMMENDED TREATMENT OF CLAIMS AND DISTRIBUTIONS

19 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:00 EXHIBIT Exhibit - Page

20 Case :-cv-0-jak-ss Document Filed 0// Page 0 of Page ID #:00 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Investor Claims B.P.A.M. Ltd.,0.0,0.0 0,. BBTDC,.0,.0,0. Chang, M,0.,0.,.0 Chai, K 0,0. 0,0.,. Chan, F,0.,0..0 Cha, H 0, ,000.00,. Chan, K,.0,.0,0. Chan, K,0.,0.,. Chan, L,.,.,0. 0 Chan, L,.,. 0,.0 Chan, M,.,.. Chan, Y 0,.0 0,.0 0,. Chang, B,.0, Chang, C,0.0,0.0,. Chang, C,.,.,. Chang, C,0.0,0.0,0. Chang, C,.0,.0,. Chang, C,0.,0.,0. Chang, C,.0,.0,. 0 Chang, C 0,.0 0,.0,. Chin-Ping, C,.,.,. Chang, C 0, ,000.00,. Chang, C 00, ,000.00,. Chang, C,.,.,. Chang, H,.,.,. Chang, H,0.,0.,. Chang, H,.,. 0,.0 Chang, H,.,. 0. Chang, H 0,. 0,..0 0 Chang, I,0.,0.,0. Chang, J,0.,0.,. Chang, J,.,.,.0 Chang, K,.,.,0. Chang, K 0, , Chang, L,.,.,.0 Chang, L,.,. 0. Chang, L,0.0,0.0,. Chang, L,.,.,. Chang, M,0.,0.,0.0 0 Chang, M,0.0,0.0.0 Chang, M,.0,.0,00. Chang, P,.,.,.0 Chen Chiu, C 0, ,000.00,.0 Chang, S,.,.,. Chang, S,.,.,. Chang, S,.,.,0. Chang, S,.,.,0. Chang, S 0,. 0,.,. Chang, S,.,.,0. 0 Chang, S,0.,0.,0. Tseng, U 0, ,000.00,.0 Chang, T 0,.0 0,.0,.0 Chang, T,0.,0.,. Wan-Hsien, C,0.,0.,. Chang, W,.0,.0,.00 Chang, W,.,.. Chang, Y,.0,.0,0. Chang, Y,.,.,. Chang, Y,.,.. 0 Chang, Y,0.,0.,. Chang, Y,0.,0.,. Chang, Y,.0,.0,.0 Chang, Y,0.,0.. Chang, Y,.,.,0. Chang, Y 0,. 0,.,. Chang, Y,0.00, Chang, Y,0.,0.,. Chang, Y,.,.,. ChangShih, K,.,..0 0 Chao, C 0, , Chao, K,0.0,0.0,. Chao, Y,0.0,0.0,. ChaoLee, P,0.,0.,0.0 Prommawin, C 0, ,000.00,. Chen, C,000.00,000.00,. Exhibit - Page 0

21 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:00 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Chen, C 0, , Chen, C,.,.,. Chen, C,.0,.0,.0 Chen, C 0,. 0,.. 0 Chang, S,.,.. Chen, C,.,.,.0 Chen, C,0.,0.,. Chen, C 0,.0 0,.0. Chen, C,.,.,. Chen, C,0.,0.. Chen, C,0.,0..0 Chen, C,.,.. Chen, C 0,. 0,.. Chen, C,.,., Chen, C,.,.,0. Chen, C,0.,0.,. Chen, C,.,.,0. Chiu-Mei, C 0,. 0,.,0. Chen, C 0,. 0,.. Chen, D,0.,0.. Chen, F,0.00,0.00,. Chen, F,.0,.0,0. Chen, H,00.,00.,. Chen, H,.0, Chen, H,.,., Chen, H,.,.,.00 0 Chen, H,.,.. 0 Chen, H,.,.,0. 0 Chen, H,.,.,. 0 Chen, H,0.,0.,0. 0 Chen, H,.0,.0,. 0 Chen, H,.,.,00. 0 Chen, H,.,.. 0 Chen, S,.0,.0,.00 0 Chen, H,.,.,0. Chen, H,.,. 0. Chen, H,0.0,0.0,0. Huan-Mei, C 0,. 0,.,. Chen, H,.,.. Chen, I,0.,0..0 Chen, J,.,.,0. Chen, J 0,. 0,.,0.0 Chen, K,.,.,. Chen, K,.0,.0. 0 Chen, K,.0,.0 0. Chen, K,.,.,0. Chen, L,0.,0.,0. Chen, L,0.0,0.0,. Chen, L,.,.. Chen, L 0, ,000.00,. Chen, L,.,.. Man-Hsiang, C,.,.,. Chen, M,.,.,0. Chen, M,.,.,. 0 Chen, M,000.00,000.00,. Chen, M,.,. 0. Chen, M & Yang, J,0.,0. 0. Chen, M,.,.,. Chen, M,00.,00.,.0 Chen, M 0,. 0,.,. Chen, M 0,0. 0,0.,. Chen, P,0.,0. 0,. Chen, P,.,.,. Chen, P,0.,0.,0. 0 Chen, P,0.,0.,. Chen, S,.0,.0,. Chen, S 0, , Chen, S,.,.,0. Chen, S,.0,.0,.0 Chen, S,0.,0.,. Chen, S,.,.,. Chen, S,.,.,0.0 Chen, S,.,.. Chen, H,.,.,0. 0 Chen, S,.,.,. Chen, T,.,.,. Chen, T,.,.. Exhibit - Page

22 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:00 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Chen, T,.,.,0. Chen, T,.,.,. Chen, T,0.,0..0 Chen, W,.,.,. Chen, Y & Chu, Y,.,.. Chen, Y 0, ,000.00,. Chen, Y,0.0, Chen, Y,0.,0.,. Chen, Y,.,.,. Chen, L,.0,.0. Chen, Y 0, , Yi-Feng, C 0,. 0,.,. Chen, Y,0.,0.,. Chen, Y,.,.,. Chen, Y,.0,.0. Chen, H,0.,0.,.0 Chen, Y,.,.,0.0 0 Chen, Y,.,.,. Chen, Y,.,.,. Chen, Y,.,.,. Chen, Y,.,.,0. Cheng, C,.,.,. Cheng, H 0, , Cheng, H,.,. 0.0 Cheng, L 0,0. 0,0.. Chen, M & ChengHo, Y,.,.,. Cheng, M,.,.,. 0 Cheng, M,00.,00.. Cheng, H,0.,0.,0. Cheng, S,.,. 0.0 Cheng, S,.0,.0,. Su-Wei, C,.0,.0,0. Cheng, Y,.0,.0. Chang, Y 0,.0 0,.0,. Chen, Y,.,.,. ChengTseng, F,.,.,. ChenHo, L 0,0.0 0,0.0,. 0 ChenHsieh, T 0, , ChenHuang, F,0.,0.,0. ChenJao, C,.,.. ChenKao, C,.0,.0,.0 ChenLiao, H,.,. 0. ChenLo, A,.,. 0. ChenYan, S & ChenHuan, T,.0,.0. Chi, Y,0.,0.,.0 Chian, S,.,.,.0 Chiang, C,0.,0.,.0 00 Chiang, C,.,.,. 0 Chiang, C,.,.,. 0 Chiang, C 0,. 0,.,0.0 0 Chiang, W 0, ,000.00,. 0 Chiang, W,0.,0.,0. 0 Chiang, Y 0, , Chiang, Y,.,.,0. 0 Chiang, Y 0,. 0,.,00. 0 Chiang, Y,.,.. 0 Chien, C,0.,0.. 0 Chien, H,.,..0 Chien, J,.,.,.0 Keai-Liang, C,.,.,. Ling-Yao, C,.,.,0. Chien, M,0.,0.,. Chien, S,.,.,. Wei-Ching, C,0.,0.,. Chien, Y 0,. 0,.,. Chien, Y,0.,0.,. Chiu, C 0,.0 0,.0,.0 0 Chiu, C,0.,0.,. Chiu, C,.,.. Chiu, C,.,.,. Chiu, C,.0,.0. Chiu, C 0, ,000.00,.0 Chiu, J,.,.,0. Chiu, J,.0,.0,0. Chiu, P,.0,.0,. Chiu, P,0.,0.,. Chiu, P 0,. 0,.,. Exhibit - Page

23 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:00 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount 0 Chiu, S,0.,0.,0. Chiu, S,.,.,0. Chiu, W & Ho, TG,.,.,. Chiu, Y,.0,.0,. Chiu, Y 0,.0 0,.0,. ChiuHuang, P 0, , Cho, Y,.,.. Chou, C 0,. 0,.,. Chou, C,.,.,. Chou, H 0, , Chou, J,., Chou, J,0.0,0.0. Lin-Hua, C,.,.,.0 Liu, C,.,.. Chou, Y,0.,0.,0. Chou, Y,0.,0. 0. Chu, C 0,. 0,.,.0 Chu, C,.0,.0,00. Chu, F,.0,.0,0. Chu, H,.0,.0,. 0 Chu, H,0.,0.,. Chu, H & Chu, K & Wang, C,.,.,. Chu, H & Wang, C & Huang, W,0.,0.,0. Chu, H,.,.,. Chu, L 0,. 0,.,. Chu, M 0, ,000.00,. Chu, S 0,.0 0,.0,. Chu, T,0.0,0.0,. Chu, T 0,. 0,.,. Chu, Y,.0,.0,0. 0 Chuang Wu, E,.0,.0,. Chuang, F,.,.,.0 Chuang, H,000.00, Chuang, K,.,.. Chuang, M 0,.0 0,.0. Chuang, M,.,.,. Chuang, P,.,.,. Chuang, P,.,.,0. Chuang, S 0, ,000.00,. Chuang, S,.,.. 0 Yi-Yuan, C,.0,.0,0. Chuang, Y,00.,00.,. Chuang, Y,0.,0.,. Chung, H,.,.,0. Chung, H 0,.00 0,.00.0 Chung, L,.0,.0,0. Chung, L 0,. 0,.,. Chung, M 0, , Chung, M,.0,.0 0,.0 Chung, M,.,.,. 0 Chung, M,.0,.0,0. Chung, T,.0,.0,00. Chung, T,00.,00.,. Chung, W,00., Chung, T,.0,.0,. Chung, Y,.,.,.0 ChuWang, J 0, ,000.00,. Deng, S,0.,0.,.0 Fan, C 00, ,000.00,0. Fan, C,.,. 0,0.0 0 Fan, C 0, ,000.00,. Fan, K,.,.,. Fan, R 0,. 0,.,. Fan, S,.00,.00,. Fan, S,.,.. Fan, S,.0,.0,. Fang, C,0., Fang, H,.0, Fang, H,.,.,0. Fu, C,0.,0., Fu, C,.,.,. 0 Ho, C,0.,0.. 0 Ho, C,000.00,000.00,0. 0 Ho, C,.,.,. 0 Ho, E,.,.,00. 0 Ho, F,.,. 0,. 0 Ho, T 0, ,000.00,. Exhibit - Page

24 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount 0 Ho, T,.,.,. 0 Hui, H,00.,00.,.0 0 Yin, P & Yi, H 0, , Hsia, C,0.,0.,0. Hsiang, H,.,. 0. Hsiang, H,.,.,.0 Hsiao, C,.,.,0. Cheng-Lung, H 0,0. 0,0.,.0 Hsieh, C,.,.,. Hsieh, C,0.,0.,0. Hsieh, D,.0,.0,. Hsieh, H,.0,.0 0. Hsieh, H 0,. 0,.,. 0 Hsieh, J,0.,0.,0. Hsieh, T,.,.,. Hsieh, W,.,.,0. Hsieh, W,0.,0.,. Hsieh, Y,.,..0 Hsin, Y,.,.. Hsiung, S,.,. 0. Hsiung, Y 0,. 0,.,.0 Hsu, C,.,.,. Hsu, C,0.,0.,. 0 Hsu, C,0.,0.,0. Hsu, C,.,.,.0 Hsu, C,.,.,0. Hsu, C,0.0,0.0,. Hsu, C,.0,.0,. Hsu, C,.,. 0. Hsu, C,0.,0.,. Hsu, C,.,.,0. Hsu, C,.,.,. Hsu, C,.,.,. 0 Hsu, H,.,.,. Hsu, H,0.0,0.0,00. Hsu, H 0,. 0,.,.0 Hsu, H,0.,0.,. Hsu, H,0.,0.,0. Hsu, H 0,. 0,.. Hsu, J,0.,0.,. Hsu, J,.,.. Hsu, J,.0,.0,. Hsu, L,.,.,. 0 Hsu, M 0, , Hsu, M,.,.. Hsu, N,0.,0.,. Hsu, P,.,.,. Hsu, P,.00,.00,. Hsu, P,.0,.0. Hsu, S,.,. 0. Hsu, S,.0,.0,0.0 Hsu, T,.0,.0,0. Hsu, W,.,.. 0 Hsu, W 0,0.0 0,0.0,. Hsu, Y,.0,.0,0.0 Hsu, Y,.,.,. HsuChen, S,.,.,. HsuChou, M,.,.,. Hsueh, L,000.00,000.00,. HsuLee, P,.,.,. Hu, C,.,.,. Hu, C 0,.0 0,.0,. Hu, C,0.0,0.0,.0 0 Hu, C,.,..0 Hu, J,.,.,. Hu, J,0.,0.,0. Hu, S 0,. 0,.,. Hu, S,.,.,.0 Tzu-Han, H,.,.,. Hu, Y,0.,0.. Hu, Y 0, , Huang, C,.,.,. Huang, C,.,.. 0 Huang, C,.,.,. Huang, C,.,.,. Huang, C,.,.. Huang, C 0, , Exhibit - Page

25 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Huang, C,.,.. Huang, H 0, , Huang, H 0, , Huang, H,.,.. Huang, H,.,.. Huang, H,0.,0.. 0 Huang, H,.,.,. Huang, H,.,.,00. Huang, J 0,. 0,.,0.0 Huang, L,0.,0.,.0 Huang, L,0.,0.,. Huang, L,.0,.0.0 Huang, L,0.,0.,. Huang, L 0,. 0,.,. Huang, M,.0,.0,. Huang, P,.0,.0, Huang, P,.,.,. 0 Huang, S,000.00,000.00,. 0 Huang, S,000.00,000.00,0. 0 Huang, S,.,.,. 0 Huang, S 0,. 0,.,0. 0 Huang, S,000.00,000.00,0.0 0 Huang, T,.,.,. 0 Hunang, T,.,.,. 0 Huang, T,.0,.0,. 0 Huang, T 0, ,000.00,. 0 Huang, T,.,.,. Huang, T 0,. 0,.,. Huang, T,.0,.0,. Huang, T,.,.,. Huang, W 0,0. 0,0.,. Huang, W & Huang, C,.,.. Huang, W,0.,0.,0. Huang, Y 0, ,000.00,. Huang, Y 00,.0 00,.0,. Huang, Y,.,.. 0 Huang, Y,.,.. Huang, Y,00.,00.. Huang, Y,0.,0.,. Huang, Y,.,.,0. Huang, Y,.,..0 Huang, Y 0, ,000.00,. Huang, Z,.,.,. HuangHsieh, M,.,.,0. Hung, C,0.,0.,. Hung, C 0, ,000.00,. 0 Hung, H & Hung, S,.,. 0. Hung, H & Hung, S 0,.0 0,.0 0. Hung, L,.0,.0,00. Li-Ya, H,.,.. Hung, M,.,.. Hung, M,0.0, Hung, N,.,.,. Hung, S,.,.. Hung, Y,0.,0.,0. Hwang, J,.,.,. 0 Jao, L,0.,0.,.0 Jhan, A,0.,0.,.0 Jong, G,.,.,0. Jung, M 0,.0 0,.0,.0 Kao, S,0.,0.,. KaoCheng, H,.,. 0.0 Ke, K,0.,0.,. Ko, C,.,.,0.0 Ko, C 0, , Ku, C,.,.,. 0 Ku, S 0,0. 0,0.,0. Kuan, H,.,.,. Kuan, P,000.00, Kung, C,.0,.0,.0 Kung, L 0, ,000.00,. Kung, M,.,.,. Kung, Y 0, ,000.00,.0 Kuo, A,.,.. Kuo, C,.,.,.0 Kuo, C,0.,0.,0. 0 Kuo, C,.0,.0,. Exhibit - Page

26 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Kuo, C,0.,0.,.0 Kuo, J,0.,0.. Kuo, J,.,.. Kuo, L,.,.,. Kuo, M 0,. 0,.,0. Kuo, S 0,0. 0,0.,00. Kuo, S,.0,.0,. Lip. S,.,.. Kuo, S,0.0, Kuo, Y,0.,0.. Kuo, Y,.,.,. Kuo, Y,.,. 0,. Kuo, Y,.0,.0. Kuo, Y,.0,.0,. Kuo, Y 0,. 0,.. Lai, C,.,.. Lai, C,000.00,000.00,0. Lai, C,0.,0.. Lai, H,.,.,. 0 Lai, H,0.,0.,. Lai, H,.,.,. Lai, M,.,.,00.0 Lai, M,00.,00.,. Lai, M,.,. 0. Lai, T 0,0. 0,0.. Lai, T,0.0,0.0. Lan, C 0, ,000.00,. LanHuang, M,.,.,00. Lee, C,.0,.0,. 0 Lee, C 0,.0 0,.0. Lee, C,.0,.0,0. Lee, C,.,. 0. Lee, C,0.,0.,. Lee, C,.,.,0. Lee, C,0.,0.,0. Lee, C,0.,0.,0. Lee, C 0, , Lee, H,.0,.0,. Lee, H,., Lee, H,.,.,. 0 Lee, H 0,. 0,.,0. 0 Lee, H 00, ,000.00,0. 0 Lee, H,.0,.0. 0 Lee, I,0.,0.,0. 0 Lee, J,.,.,0. 0 Lee, J,.,.,. 0 Lee, J,.,.,. 0 Lee, K,.,.,. 0 Lee, K,.,.,0. 0 Lee, M,.,.,. Lee, M,0.,0.,. Lee, M 0,. 0,.,0. Lee, S,.,.. Shou-Jen, L,0.,0.,. Lee, S,0.,0.,. Lee, S 0, ,000.00,. Wang, C,.,.. Lee, S,0.,0.. Lee, T,.0,.0. 0 Lee, T,.,.. Lee, Y,.0, Lee, Y,000.00,000.00,.0 Lee, Y,.0,.0,. Lee, Y,.,.. Lee, Y,00.00,00.00,. LeeChang, Y,.,.,. LeeChen, T 0,0. 0,0.,00. LeeLin, H,.0,.0,.0 Lee Tung, C,0.,0.,00. 0 Lei, H,.,. 0. Li, C,.0,.0,.0 Li, H,.0,.0,0. Li, J 0,.0 0,.0,0. Li, J,.,.,0. Li, M 0,. 0,.,. Li, M,.,.,00. Li, M,.,.,. Exhibit - Page

27 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Li, M 0,. 0,.. Li, P,.,.,0.0 0 Li, P,0.,0. 0. Li, S,0.,0.. Li, T 00, ,000.00,0. Li, W,.,.,. Li, Y 0,0. 0,0.,. Li, Y,0.,0.,0. Lian, C 0,. 0,.,. Liao, C 0,. 0,.. Liao, C 0,.0 0,.0,. Liao, I,.,.,. 0 Liao, P,.,.. Liao, S,.,.,. Liao, S,.,.,. Liao, S,.0,.0. Liao, W,.0,.0.0 Liao, W,.0,.0,. Liao, W,.0,.0,.0 Liao, W,.,. 0. LiHsu, A,.,.,. Lin, C,.,.,. 0 Lin, C,.,.,. Lin, C,.,..0 Lin, C,00.0,00.0,0. Lin, C,.,.,0. Lin, C,.0,.0. Lin, C,.,.,.0 Lin, C,0.,0.,. Lin, C,0.,0.,0. Lin, C 0,0. 0,0..0 Lin, C,0.,0.,. 0 Lin, C,.0,.0. Lin, C,.,.,0. Lin, C,.,.. Lin, C 0,. 0,.,. Lin, F,.,.,. Lin, F,.,.,.0 Lin, F 00,0. 00,0.,. Lin, F 0,. 0,.,. Lin, F,.,.,. Lin, H,.,.,. 0 Lin, H 0,.0 0,.0,. Lin, H,.,.. Lin, H,.,.,. Lin, H,00.,00.,0. Lin, H,.,. 0. Lin, H,.,.,0. Lin, H,0.,0.,0. Lin, H,.,.,0. Lin, I,.,.. Lin, I,0.0,0.0,. 0 Lin, I,.,.,. Lin, J 0, , Lin, J,.,.. Lin, K,.0,.0,. Lin, K,.,.. Kuo-Ming, L,0.,0.,. Lin, K,0.,0.,. Lin, L,00.0,00.0. Lin, L 00,. 00,.,. Lin, M,000.00,000.00,0. 00 Lin, M,0.0,0.0,. 0 Lin, P,0.,0.,. 0 Lin, P,.,.,. 0 Lin, S,.,.. 0 Lin, S,.,.,. 0 Lin, S 0, , Lin, S,.,.,.0 0 Lin, P,.,.,. 0 Lin, S,0.,0.,0.0 0 Lin, S,., Lin, S,000.00, Lin, S 0,. 0,.,. Lin, T,.,.,. Lin, T 0,0.0 0,0.0,0. Lin, T & Lu, L,.,.. Exhibit - Page

28 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Lin, T & Lu, L 0, , Lin, T 0,. 0,.,. Lin, W,.0,.0,. Lin, Y,.,.. Lin, Y,.0,.0,.0 0 Lin, Y,0.,0.,. Lin, Y,00.0, Lin, Y,.,.,0. Lin, Y,.,.,0. Lin, Y,0.,0.,. Lin, Y 0,0.0 0,0.0,. Lin, Y,000.00,000.00,. Lin, Y,.,.,. Lin, Y,.,.,.0 Lin, Y 0,. 0,.,0. 0 Lin, Y,.,.,. Lin, Y 0, , Lin, Y 0,0. 0,0.,0. Lin, Y 0,. 0,.,0. Lin, Y,.,.,. Lin, Y,000.00, Lin, Y,0.,0.,.0 Lin, Y,.,.,. Lin, Y & Chang, K,0.,0.,0. Ling, J,.0,.0,. 0 LinHuang, Y 0, , LinLu, H,0.,0.. LinLu, H,.,.. LinWang, K & Lin, M 0,. 0,.,. LinWang, K,0.,0.,. Liou, T 0,. 0,.,0. Liou, T & Liu, C,.,.,.0 Liou, T & Liu, C,.,.,. Liu, P,.0,.0,. Liu, B,.0, Liu, B,.,. 0. Liu, C,.0,.0,. Chang-Tien, L 0, ,000.00,0. Liu, C,0.,0.,0. Liu, C 0,. 0,.,. Liu, C,.,.,. Lieu, C,.0,.0,. Liu, C 0,. 0,.,.0 Liu, C 0,. 0,.,. Liu, C,.,.,. 0 Liu, C,.,.,0. Liu, K,.,..0 Liu, F 0,. 0,.. Liu, F 0,.0 0,.0,. Liu, H,.,.,0.0 Liu, H,0.,0.,. Liu, H,0.,0..0 Liu, H 0,. 0,.,. Liu, H,0.,0.,0. Liu, H 00,. 00,.,. 0 Liu, J 0,. 0,.. Liu, K,.,. 0. Liu, L,.,.. Liu, M,0.,0..0 Liu, M,.,.,. Liu, M,.,.,0. Liu, M,.,.,. Liu, P,.0,.0,. Liu, P,.0,.0,. Liu, P,.0,.0,. 0 Liu, S,.0,.0,. Liu, S,.,.,. Liu, S,.0,.0,. Liu, S,0.,0.. Liu, S 0,. 0,.,. Liu, T,0.,0.,. Liu, T,.0,.0,. Liu, T 0,. 0,.,. Liu, Y,.,.,0. Liu, Y,0.,0.,. 0 Liu, Y,.,.. Liu, Y,.,.,. Exhibit - Page

29 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Yueh-Mei, L,0.,0.,. Liu, Y,.,.,.0 Liu, Y,0.,0.,0. Liu, Y,.,.. LiuHsieh, Y,0.,0.,00. Lo, C,0.,0.,0. Lo, H,.,.. Lo, H,.0, Lo, L,.,.,. 0 Lo, M,.,.,. 0 Lo, M 0, , Lo, M 0,0. 0,0.,0. 0 Lo, M 0, , Lo, W,.,.,.0 0 Lo, W,0., Lo, Y,.,.,0. 0 Lo, Y,0.,0.,0. 0 LoHsieh, C 0,. 0,..0 0 Lu, C,0.,0.,0.0 Lu, H,.,.. Lu, J,00.,00.. Lu, L,0.,0.,. Tung, K,.,.. Lu, P,.0,.0,. Lu, P,0.,0.,. Lu, S 0,0. 0,0.,. Lu, Y,.,.,. Lu, Y,.,.,. 0 Lu, Y,.,.,0. Mei, H 0,0. 0,0.. Ni, C,0.,0.,. Ni, Y,0.,0.,0.0 Mei-Ko, P,00.,00.,. Pai, W 0,. 0,.,0. Pan, C,0.,0.,.0 Pan, Y,0.,0. 0. Pao, Y 0,.0 0,.0,. Peng, C,0.,0.. 0 Peng, C,0.,0.,. Peng, C,.,.,. Peng, C,.0,.0,0.0 Peng, H,0.,0.,0.0 Peng, H,.,. 0.0 Peng, J 0,.0 0,.0,. Peng, J,.0,.0,0. Mao-Hung, P,.0,.0,.0 Peng, M 0, , Peng, M 0,. 0,.,. 0 Peng, S,.,.. Peng, S,0.,0.. Peng, S 0,. 0,.. Peng, Y,.,.. Peng, Y 0,. 0,.,. Pu, C 00, ,000.00,. Ren, H 0, , Saito, S 0,0. 0,0.. Shao, I 0,. 0,.. She, B,.,.,. 0 Shen, C,.,.,. Shen, H,0.,0.. Shen, H,.,.,. Shen, J 0,. 0,..0 Shen, L 0,. 0,.,. Shen, L,.,.,0. Shen, S,0.0,0.0,0.0 Shen, Y,.,.,. Shiau, Y 0, , Shih, S 0, , Shih, Y 0, , Shiu, C 0,. 0,.,.0 Shu, C,0.,0.,. Temple, S,.,.,. Shyu, J,0.,0. 0. SPC,.0,.0,. Su, C 0, , Su, H,.,.,. Su, H,.,.,. Exhibit - Page 0

30 Case :-cv-0-jak-ss Document Filed 0// Page 0 of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Su, H,.,..0 0 Su, M 0, ,000.00,0. Su, S 0,0. 0,0.,. Su, Y,0.,0.,. Kitchuti, S 0, ,000.00,.0 Sun, C 0,0.0 0,0.0,. Sun, H,0.,0.. Sung, A,.,.. Sung, C,.,.,. Sung, H,.,.,0. Sung, K,.,.,. 0 Tai, C,0.,0.,. Tai, Y,.,.,0. Tang, H,.,.. Tang, H,.,.,0. Tang, J,.,.,0. Tang, Y,.,.,. Tang, Y 0,0. 0,0.. Teng, H,0.,0. 0,0. Teng, H 0,. 0,.,. Teng, J,.,.. 0 Teng, Y,.,.,.0 Tien, H,.0,.0. Tien, H,.,.,.0 Ting, W,000.00, TMI,.,..0 Torng, S,.,.. Tsai, C,.,.,00. Tsai, C,.,.,.0 Tsai, C 0,. 0,.,. Tsai, F,., Tsai, H,0.,0.,. 0 Tsai, J,.0, Tsai, K,.,.,. 0 Tsai, K 0,. 0,.,. 0 Tsai, L,.,.,0. 0 Tsai, L 0,. 0,..0 0 Tsai, M,0.,0.,0. 0 Tsai, M,0.,0.,. 0 Tsai, M 0,. 0,.,.0 0 Tsai, P,.0,.0,. 0 Tsai, S,0.0,0.0,.0 Tsai, S,.0,.0,0.0 Tsai, S,.,.,0. Tsai, W,.,.,. Tsai, Y,0.,0.,. TsaiChen, J,.0,.0,.0 Tsang, P 00, ,000.00,0. Tsao, C,0.,0.. Tsao, M,00.,00.,. Tsao, T,.0,.0,. 0 Tseng, C,.,..0 Tseng, C 0,. 0,.,. Tseng, C,.,.,. Tseng, C,.,.,. Tseng, C,.,.,0. Tseng, C 0,0. 0,0.,.0 Tseng, H,.0,.0,0. Tseng, H,.0,.0,0.0 Tseng, H,.,.. Tseng, H,.,.,. 0 Hsiu-Hsuan, T,.,.,. Tseng, H 0, , Tseng, J,.,.,. Tseng, J 00, ,000.00,0. Tseng, J,.,.,00. Tseng, K,.,.,.0 Tseng, K,.,.,.0 Tseng, M,.,.. Tseng, P,.0,.0. Tseng, S,00.0, Tseng, Y,.0,.0,. Tseng, Y,.,.,. TsengLiu, M,.,.,00. Tsung, H,000.00,000.00,0. Tu, C,.,.,. Tu, Y,.0,.0.0 Exhibit - Page 0

31 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Tung, C,.,.,.0 Cheng, S,0.,0.. Tung, Y,.,.,. Wan, C,.,.,0. 0 Wan, W,.,.,0. Wang, C,.,.. Wang, C,0.,0.,. Wang, C,0.0,0.0,. Wang, C,.,. 0. Wang, C,.0,.0,. Wang, C,.,.. Wang, C,0.,0.,0. Wang, C,.,.,. Wang, C,.,.,. 0 Wang, H,.0,.0,0.0 Wang, H 0, , Wang, H,.,.,. Wang,. H,.,.,. Wang, J,0.,0.,. Jing-Yuang, W,0.,0.. Wang, K,.,.,. Wang, L,0.0,0.0. Wang, L,0.,0.,00. Wang, M,0.,0.. 0 Wang, M,.,.,. Wang, M,.0,.0,.0 Wang, M,.0,.0,.0 Wang, M,.0,.0,.0 Wang, P 0, , Wang, P 00, ,000.00,0. Wang, S,.,.,.0 Wang, S,000.00,000.00,0.0 Wang, S,.,.,. Wang, T,0.,0.,0. 0 Wang, T,.00, Wang, W,0.,0.,. Wang, Y,0.,0.,. Wang, Y,.0,.0 0. WangChiu, H 0,0. 0,0.,. WangHuang, H,0.,0.,. WangWu, A,.0,.0,0. Wei, C,0.0,0.0,0. Wei, C,.,.,0.0 Wei, F,., Wei, H,.,.,0.0 Wei, S,0.,0.,. Wei, Y,.,.,00.0 Chiu, C,0.,0.. Wen, M 0,. 0,.,.0 Wen, J 0,. 0,.,. Wen, M 0,. 0,.,. Wen, S,.,.,0. Wen, W,0.,0.,. Weng, P,.0,.0,. 00 Weng, T 0,.0 0,.0,.0 0 Wong, K,.,.,. 0 Wu, C,.,.,. 0 Wu, C,.,.,0. 0 Wu, C,.,.. 0 Wu, F 0,. 0,.,0. 0 Wu, H,.,.,. 0 Wu, H 0,0. 0,0.,. 0 Wu, H,.0,.0. 0 Wu, H,.,.,0. 0 Wu, H,.,.,. Wu, H,0.,0.,. Wu, I,.,.,. Wu, K,.,.,.0 Wu, K,.,.,. Wu, L,.,.,.0 Wu, L,.,.,0. Wu,L,.,.,. Wu, L,.,.,. Wu, M,.,.. 0 Wu, M 0,. 0,.,. Wu, P,000.00,000.00,0.0 Exhibit - Page

32 Case :-cv-0-jak-ss Document Filed 0// Page of Page ID #:0 Exhibit Claims Treatment Claim No. Claimant Name Net Claim Amount Claim Allowance Treatment Proposed Distribution Amount Wu, P 0,. 0,..0 Wu, P,.,.. Wu, P,.,.,.0 Wu, S & WuHsu, Y 0,. 0,.,.0 Wu, S,.0,.0,. Wu, S,.,.,0. Wu, S 0,0.0 0,0.0,. Wu, S & WuHsu, Y,.0,.0,0.0 0 Wu, S,.,.,0. Wu, T 0,. 0,.,. Tzu-Fang, W,0.,0.,00. Wu, T,.0,.0,0. Wu, W 0,0. 0,0.,. Wu, W 0, ,000.00,. Wu,Y,.0,.0,00.0 Wu, Y,.,.,0. Xu, S 0, , Yang, C,.,.,. 0 Yang, C 0,0. 0,0.,. Yang, C 00, ,000.00,0. Yang, C,0.,0.. Yang, C,.0,.0,.0 Yang, D,.0,.0 0. Yang, F,.,.,0.0 Yang, H,0., Yang, H 0,0. 0,0.. Yang, J,0.,0.,0. Yang, J,.,.,. 0 Yang, L,.0,.0,. Yang, M,.,.,. Yang, M,0.0,0.0,. Yang, T 0, ,000.00,.0 Yang, T,.0,.0. Yang, Y,.,.,0. Yang, Y 0,00. 0,00.. Yang, Y,.0,.0,.0 Yang, Y,.,.,.0 Yang, Y,.,.,. 0 Hung, L,.,.. Yang, Y,.,.,. Ying-Lung, Y 00, ,000.00,0. Yang, Y,0.,0.,0. Yang, Y,0.,0.,.0 Yang, Y,.0,.0,.0 Yang, Y,.,.,0. YangKang, M 0,. 0,.,. Yao, C 0,. 0,. 0. Yao, P,0.00,0.00,. 0 Yeh, C 0, ,000.00,. Yeh, C,.,.. Yeh, H,.,.,. Yeh, H 0,. 0,.. Yeh, H,.,.,0. Yeh, L,.,.,.0 Yeh, S 0, , Yeh, T,.,.,. Yen, K,.0,.0,.0 Yin, C,.,.. 0 Yin, P,.,.,. Yu, C 0,. 0,.,. Yu, H,0,.,0,.,0. Yu, M 0,. 0,.. Yu, P 00, ,000.00,0. Yu, S,000.00, Yu, W,.,.,0. Yuan, C & Hung, S,00.,00.. Yuan, H,.,.,00. Yuan, H,.,.,. 0 Yuan, H,.,.. Yuan, Y,0.,0.,. Yuan, Y,0.,0..0 YuHuang, Y,.,.,. YuTeng, C,00.0,00.0,0.0 Lin, Y & Lin, C 0,0. 0,0.,. Chien, Y & Huang, W,.,.. Chu, H & Wang, C & Kuo-Fang, P,.,.,. Chiu, W & Ho, TG,.0,.0,. Exhibit - Page