Document - SEC vs. WESTMOORE MANAGEMENT, LLC, ET AL ...

Case 8:10-cv-00849-AG-MLG Document 162 Filed 08/07/13 Page 9 of 20 Page ID #:253612345678910111213141516171819202122232425262728final within 14 days of its service on the SEC and me unless the SEC or I filed anobjection with the Court.(b)I immediately communicated with attorneys representing the CKCooper Parties and the Claimants, and requested (and received) additional documentsfrom each of them that were not part of the record before this Court. I also discussedthe matter with the SEC’s counsel. After reviewing documents, conducting research,and unsuccessfully attempting to negotiate settlements, I determined not to object tothe Court’s order.20. During a prior reporting period I was contacted regarding WH Sub,LLC, f/k/a Waters Capital Advisors, LLC (“WCA”). One of the Westmoore Entitiesis the sole owner of WCA, and WCA is the general partner of Sonata Multi8ManagerFund, L.P. (“Sonata”). The SEC initiated an action to withdraw WCA’s registrationas an investment advisor, and I allowed such deregistration.21. During the Current Period I communicated and cooperated with theSEC’s Denver office (where WCA and Sonata at least initially were based) regardingthe SEC’s investigation of WCA and Sonata. When Sonata’s investment advisorresigned, its limited partners had nobody to contact regarding the status of Sonata.As a result, while the SEC conducted its investigation and determined whether totake further action, I agreed to be the contact person for Sonata so limited partnerscould confirm, among other things, that K81s would not at that time be prepared for2012. Also, in cooperation with the SEC, I agreed that the former investment advisorcould forward Sonata’s books and records to me, and I would provide access to suchrecords to the SEC. The SEC recently completed its review and returned the recordsto me. I intend to conduct further due diligence regarding Sonata. At this time, I amnot administering Sonata and its assets, and do not anticipate doing so.1041754.1 25713A9RECEIVER’S FOURTH REPORT AND ACCOUNT