1474 receiver motion to establish bar date for claims

8/3/2019 1474 Receiver Motion to Establish Bar Date for Claims

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RECEIVER’S MOTION FOR ENTRY OF AN ORDER (I) ESTABLISHING BAR DATE FOR CLAIMS; (II) APPROVING FORM AND MANNER OF NOTICE THEREOF; AND (III) APPROVING PROOF OF CLAIM FORM AND

PROCEDURES FOR SUBMITTING PROOFS OF CLAIM 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

v.

STANFORD INTERNATIONAL BANK, LTD., ET AL.,

Defendants.

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§§§

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§§

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Case No. 3:09-CV-0298-N

______________________________________________________________________________

RECEIVER'S MOTION FOR ENTRY OF AN ORDER (I) ESTABLISHING BARDATE FOR CLAIMS; (II) APPROVING FORM AND MANNER OF NOTICE

THEREOF; AND (III) APPROVING PROOF OF CLAIM FORM ANDPROCEDURES FOR SUBMITTING PROOFS OF CLAIM

_____________________________________________________________________________

I. INTRODUCTION

Ralph S. Janvey, Receiver for the assets of the Defendants and all Stanford-

controlled entities, respectfully moves this Court for an order: (i) establishing a bar date for

claims; (ii) approving the form and manner of notice thereof; and (iii) approving the proof of

claim form and procedures for submitting proofs of claim (the “Motion”). This Motion was

drafted in consultation with the Investor Committee and the Examiner, and much of what is

contained herein reflects their input. The Investor Committee and Examiner, however, are not in

complete agreement with the Receiver on certain aspects of this Motion, including the timing of

the filing of this Motion. The Investor Committee and Examiner will separately file responses to

this Motion to address their concerns to the Court.

II. FACTUAL BACKGROUND

On February 16, 2009, the Securities and Exchange Commission (the

“Commission”) commenced a lawsuit in this Court against R. Allen Stanford; two associates,

Case 3:09-cv-00298-N Document 1473 Filed 11/16/11 of 17 PageID 33175





James M. Davis and Laura Pendergest-Holt; and three of Mr. Stanford’s companies, Stanford

International Bank, Ltd., Stanford Group Company, and Stanford Capital Management, LLC

(collectively, the “Defendants”).1 The Commission alleges, in its Second Amended Complaint

filed on January 8, 2010, that the Defendants perpetrated a multi-billion-dollar Ponzi scheme by,

among other things: (1) promising high rates of return on “certificates of deposit” that exceeded

those available through true certificates of deposit offered by traditional banks and (2) selling a

proprietary mutual fund wrap program known as Stanford Allocation Strategy using materially

false and misleading historical performance data. [Doc. 952 (SEC’s Second Amended

Complaint) at ¶¶ 1-2, 7.]

This Court found good cause to believe that the Defendants violated federal

securities laws. Accordingly, on February 16, 2009, this Court signed an order appointing

Ralph S. Janvey as Receiver over all the assets of the Defendants and all the entities they own or

control, which was entered on February 17, 2009, and which was amended on March 12, 2009,

and July 19, 2010 (as so amended, the “Amended Receivership Order”). [See Docs. 10, 157,

1130.]

Pursuant to the Amended Receivership Order, the Receiver is charged with

marshaling and preserving all the assets of the Defendants and the entities they own or control,

including, without limitation, Stanford International Bank, Ltd.; Stanford Financial Group

Company; Stanford Group Company; Stanford Trust Company; Stanford Capital Management,

LLC; Stanford Coins & Bullion, Inc.; and the entities listed in Exhibit 1 to the Appendix in

support of the Motion (collectively, including their respective estates, subsidiaries, and other

property, the “Receivership Entities”).

1 The term “Defendants” as used herein also includes Stanford Financial Group Company and The Stanford

Financial Group Building, Inc.






On April 20, 2009, this Court entered an order appointing John J. Little (the

“Examiner”) as the examiner in this case. [Doc. 322.]

The Receiver periodically files reports with this Court to provide information

regarding, among other things, the status of the receivership and his asset recovery efforts. [See

Docs. 336, 859, 1117-1118, 1236-1237, 1469-1470.] The Receiver maintains a website at

http://stanfordfinancialreceivership.com/ that provides information about the receivership,

including information regarding customer accounts, claims information, contact information for

the Receiver, statements issued by the Receiver, and significant filings in this case.

On August 10, 2010, this Court entered an order appointing a committee to

represent investors in this case and related matters, to be comprised of seven voting members

including the Examiner and six other members that represent a cross-section of investors (the

“Investor Committee”). [Doc. 1149.]

III. RELIEF REQUESTED

By this Motion, the Receiver seeks entry of an order (the “Bar Date Order”)

(1) establishing 5:00 p.m. (prevailing Central Time) on the date that is 180 days after entry of the

Bar Date Order as the deadline by which all Claimants must submit completed and signed Proofs

of Claim evidencing their Claims against one or more of the Receivership Entities; (2) approving

the form and manner of the notice thereof; and (3) approving the Proof of Claim Form and

procedures for submitting Proofs of Claim (collectively, the “Claims Procedures”).

IV. CLAIMS AND CLAIMANTS SUBJECT TO BAR DATE

Claims. For purposes of this Motion, a “Claim” is defined as:

1. a right to payment, whether or not such right is reduced to judgment,

liquidated, unliquidated, fixed, contingent, mature, unmatured, disputed,






undisputed, legal, equitable, secured, or unsecured, against one or more of

the Receivership Entities; or

2. a right to an equitable remedy for breach of performance if such breach

gives rise to a right to payment, whether or not such right to an equitable

remedy is reduced to judgment, fixed, contingent, matured, unmatured,

disputed, undisputed, secured, or unsecured, against one or more of the

Receivership Entities.

Claimants. For purposes of this Motion, a “Claimant” is defined as and includes

any person or entity (including, without limitation, individuals, partnerships, corporations,

estates, trusts, and governmental units) that holds a Claim. Without limiting the generality of the

foregoing, the definition of Claimant includes, but is not limited to, any person or entity holding

(1) a Claim based on any investment in a Receivership Entity, including an investment in a

certificate of deposit issued by Stanford International Bank, Ltd. or any other Receivership

Entity or (2) a Claim of any kind whatsoever against any Receivership Entity, including, without

limitation, a Claim based on the provision of goods or services to any Receivership Entity and

has not been paid in whole or in part therefor; money loaned to any Receivership Entity and has

not been paid in whole or in part therefor; unpaid wages, compensation, or other employment

benefits; tax liabilities, including those held by federal and state governments; primary,

secondary, direct, indirect, secured, unsecured, or contingent liability; or contract, tort,

indemnity, reimbursement, subrogation theories, or other legal or equitable theory.

V. BASIS FOR ESTABLISHING CLAIMS PROCEDURES

In order to develop a successful distribution plan, the Receiver must identify the

nature and scope of the potential claims against, and liabilities of, the Receivership Entities. For






this reason, it is necessary to establish a deadline for Claimants to submit proofs of claims for

processing by the Receiver.

Furthermore, it is critically important to the efficient administration of the

receivership and the fair distribution of assets among Claimants that the proofs of claim be

timely filed and that untimely proofs of claim be barred. With limited proceeds available for

distribution, the Claims Procedures will ensure that the available proceeds are maximized and

distributed to Claimants that hold valid Claims and that submitted proofs of claim prior to the

deadline for doing so.

Support for the Claims Procedures can also be found in other receivership cases,

where courts have held that similar procedures were in the best interests of the receivership

entities, their creditors, holders of claims, and other parties in interest. See, e.g., SEC v.

Princeton Econ. Int’l Ltd , 2008 WL 7826694 (S.D.N.Y. Sept. 30, 2008); SEC v. Cook , 2003 WL

22272065 (N.D. Tex. Sept. 30, 2003).

VI. CLAIMS PROCEDURES

Bar Date. The Receiver accordingly requests that this Court establish 5:00 p.m.

(prevailing Central Time) on the date that is 180 days after entry of the Bar Date Order as the

deadline for Claimants to submit Proofs of Claim against the Receivership Entities (the “Bar

Date”).

Eligibility to Submit Proofs of Claim. Proofs of Claim (as defined herein) shall

be submitted by all persons or entities (including, without limitation, individuals, partnerships,

corporations, joint ventures, estates, trusts, and governmental units) that are Claimants and

believe that they are owed any money by, or have a right to distribution from, any of the

Receivership Entities, regardless of whether the Claim at issue has been acknowledged by the






Receiver or whether the Claim at issue is held with or through any person or entity or based on

primary, secondary, direct, indirect, secured, unsecured, or contingent liability.

Administrative and Professional Claims. Creditors holding claims based on the

provision of goods or services to the Receivership Entities or the Receiver after the February 16,

2009 appointment of the Receiver (“Administrative Claims”) will not be required to submit

proofs of claim on or before the Bar Date and will not be subject to the Bar Date. The Receiver

will continue to satisfy Administrative Claims as they are incurred and come due. Additionally,

the Receiver, his professionals, the Examiner, and the Investor Committee will not be required to

submit proofs of claim on or before the Bar Date, and all claims of the Receiver, his

professionals, the Examiner, and the Investor Committee (“Professional Claims”) will be

addressed in accordance with prior orders of this Court.

Notice. The Receiver believes that the following efforts will ensure broad notice

to Claimants:

1. Notice by Mail. The Receiver proposes to serve by mail, within 30

business days of entry of the Bar Date Order, (a) SIB CD accountholders

who had a positive SIB CD account balance as of February 16, 2009 and

for whom the Receiver has physical addresses from the books and records

of SIB and (b) potential Claimants who have provided the Receiver with a

physical address through (i) communications directed to the Receiver’s

email address [email protected], (ii) the prior

submission of a Claimant Form, or (iii) the prior submission of an

“Application for Review and Potential Release of Stanford Group

Company Brokerage Accounts,” with: (1) a notice of the Bar Date and the






procedures for submitting proofs of claim, substantially in the form of the

notice attached hereto as Exhibit 2 to the Appendix in support of the

Motion and incorporated herein by reference (the “Bar Date Notice”) and

(2) a proof of claim form substantially in the form of the document

attached hereto as Exhibit 3 to the Appendix in support of the Motion and

incorporated herein by reference (the “Proof of Claim Form”). With

respect to the Claimants that meet the above requirements for notice by

mail, the Receiver proposes to serve (a) those located within the United

States by United States first class mail and (b) those located outside the

United States by any method he deems reasonable in his sole and absolute

discretion but subject to review by, and concurrence of, the Investor

Committee. The Bar Date Notice and the Proof of Claim Form provide

clear notice and instructions concerning the Claims Procedures.

2. Notice by Electronic Mail. In addition to notice by mail (if required

pursuant to the previous paragraph), where potential Claimants have

provided an electronic mail address to the Receiver through (a)

communications directed to the Receiver’s email address

[email protected], (b) the prior submission of a

Claimant Form, or (c) the prior submission of an “Application for Review

and Potential Release of Stanford Group Company Brokerage Accounts,”

the Receiver proposes to serve, within 30 business days of entry of the Bar

Date Order, the Bar Date Notice and the Proof of Claim Form on such

potential Claimants via the electronic mail address provided by them.






3. Notice by Publication. The Bar Date Notice and the Proof of Claim Form

will also be made available, within 10 calendar days of entry of the Bar Date

Order, on the Receiver’s website (www.stanfordfinancialreceivership.com)

and on the website maintained by the Examiner (http://www.lpf-

law.com/sub/stanford.jsp), and the Receiver and the Examiner shall issue,

within 3 calendar days of entry of the Bar Date Order, press releases that

include the Bar Date Notice and the Proof of Claim Form. The Receiver

also proposes to publish, within 45 calendar days of entry of the Bar Date

Order, a notice of the Bar Date and the procedures for submitting proofs of

claim, substantially in the form of the notice attached hereto as Exhibit 4

to the Appendix in support of the Motion and incorporated herein by

reference (the “Bar Date Publication Notice”), in newspapers of general

and local circulation, including The Wall Street Journal, Houston

Chronicle, The New York Times, Financial Times, and other such

publications that in the Receiver's sole and absolute discretion are

reasonably calculated to provide notice to potential Claimants, on two

days that are two weeks apart. The Receiver has chosen the publications

listed above because they are most likely to reach an audience that may

hold unknown Claims, as they target the financial industry and the

geographical areas most affected by the receivership.

4. Notice Upon Inquiry. The Receiver will promptly provide the Bar Date

Notice and the Proof of Claim Form to any Claimant who makes a written

request for such documents to the e-mail address






[email protected] or to the physical address

Stanford Financial Group Receivership, 1029 State Highway 6 North,

Suite 650 #272, Houston, TX 77079.

Procedure for Submitting Proof of Claim. Except as otherwise ordered by this

Court or provided below, each Claimant must submit a completed and signed Proof of Claim

Form under penalty of perjury and evidencing such Claimant’s Claim, together with supporting

documentation (a “Proof of Claim”), with the Receiver’s agent in the manner indicated below, so

that such Proof of Claim is actually received on or before the Bar Date. Proofs of Claim may be

submitted to the Receiver’s agent (1) in person or by courier service, hand delivery, or mail

addressed to Stanford Financial Group Receivership, 1029 State Highway 6 North, Suite

650 #272, Houston, TX 77079; (2) by electronic mail, as an attachment in portable document

format (.pdf), to [email protected] ; or (3) by facsimile or by telecopy to

(281) 368-2054.

Proofs of Claim should not be filed with this Court, and any Proof of Claim so

filed will not be considered properly submitted.

Prior Submissions by Claimants. Prior submissions by Claimants will be treated

in the following manner:

1. Claims Submitted with Antiguan Liquidators or Receivers. There is a

proceeding pending in the courts of Antigua and Barbuda, in which those

courts have appointed liquidators for Stanford International Bank, Ltd. and

receivers for Stanford Trust Company Limited (an Antiguan entity controlled

by R. Allen Stanford). A Claimant that has submitted evidence of a Claim

with the Antiguan liquidators or receivers or that has a Claim as a






beneficiary of a trust for which Stanford Trust Company Limited is the

trustee will not be relieved from the obligation to submit a Proof of Claim

evidencing such Claim in order to be entitled to receive a distribution from

any of the Receivership Entities. This includes, but is not limited to, any

claim registered through the Antiguan liquidators’ website

(https://stanford.frpadvisory.com/default.aspx ) or with Vantis plc or any

other representative of the Antiguan liquidators or receivers. The

liquidators in the Antiguan proceeding have made efforts to establish a form of

claims process that is independent of the claims processes in this court. In

addition, the receivers (who are the same individuals as the original Antiguan

liquidators of Stanford International Bank, Ltd.) have said that they have

established, within their claims procedure, a related procedure for claims

through trusts for which Stanford Trust Company Limited is the trustee. The

Receiver currently has no way of coordinating the information he has

received with the information received by the Antiguan liquidators and

receivers, and therefore requiring Claimants to also submit Proofs of

Claim is necessary.

2. Claims Submitted on Receiver’s Website. A Claimant that, through the

Receiver’s website (http://stanfordfinancialreceivership.com/claims.php),

has submitted a “Claimant Form” asserting a Claim may, but is not

required to, submit a Proof of Claim with respect to such Claim. If such a

Claimant does not submit a Proof of Claim, the Claimant Form will be

treated as a timely and sufficiently filed Proof of Claim. However, upon






request from the Receiver, the Claimant may be required to submit

additional supporting documentation in order for the Claim asserted in the

Claimant Form to be allowed. Such requests will be made through the

electronic mail address included on the Claimant Form. Beginning on the

date the Bar Date Order is entered, Claimants shall not submit a Claimant

Form but shall, instead, submit a Proof of Claim in accordance with the

terms of the Bar Date Order.

Supporting Documentation for Proof of Claim. Each Claimant should attach to

each Proof of Claim copies of all documents available to the Claimant that could support such

Proof of Claim. Such documentation may include, but is not limited to: copies of personal

checks, cashiers checks, wire transfer advices, and other documents evidencing the investment of

funds; copies of each signed investment contract; a chronological accounting of all money

received by the Claimant from any Receivership Entity or the Receiver, whether such payments

are denominated as the return of principal, interest, commissions, finder’s fee, sponsor payment,

or otherwise; copies of all agreements, promissory notes, purchase orders, invoices, itemized

statements of running accounts, contracts, court judgments, mortgages, security agreements,

evidence of perfection of lien; and other documents evidencing the amount and basis of the

Claim. If such supporting documentation is not available, the Claimant must attach to the Proof

of Claim an explanation of why the documentation is unavailable.

Depending upon the Claim review process ultimately employed by the Receiver,

each Claimant will have to satisfy certain minimum standards in order to establish a Claim and

receive a distribution. Accordingly, the more information a Claimant provides, the easier it will

be for the Receiver to validate that Claimant’s Proof of Claim.






Proof of Claim Must Identify Receivership Entity. Any Claimant holding Claims

against more than one Receivership Entity must submit a separate Proof of Claim against each

such Receivership Entity and identify on each Proof of Claim the particular Receivership Entity

against which the Proof of Claim is asserted. This procedure will expedite the Receiver’s review

of the Proofs of Claim and will not be unduly burdensome because Claimants should know

which Receivership Entities they hold Claims against.

In the future, it is possible that the Receiver or another party in interest may seek

to consolidate some or all of the Receivership Entities; however, at this point in time no request

for consolidation has been filed. As such, separate Proofs of Claim and the required supporting

documentation are necessary to ensure that the Receiver has sufficient information to prepare a

distribution plan regardless of whether the Receivership Entities are consolidated or remain

separate entities. If multiple Proofs of Claim asserting the same Claim are submitted against

several Receivership Entities, that fact will be relevant to the Receiver’s views regarding whether

consolidation is appropriate.

A Claimant’s failure to identify the correct Receivership Entity on a Proof of Claim

Form may be grounds for objection to, and disallowance of, such Claimant’s Claims. However, a

Claimant may submit Proofs of Claim against several or all of the Receivership Entities if, based

upon a reasonable investigation, such Claimant believes that it holds a Claim against those

Receivership Entities or is unsure which Receivership Entity it holds a Claim against.

Effect of Failure to Submit Proof of Claim Before Bar Date. Any Claimant who is

required to submit a Proof of Claim, but fails to do so in a timely manner or in the proper form,

shall be forever barred, estopped, and enjoined to the fullest extent allowed by applicable law from

asserting, in any manner, such Claim against the Receivership Entities and their respective






property or estates; shall not be permitted to object to any distribution plan proposed by the

Receiver on account of such Claim; shall be denied any distributions under any distribution plan

implemented by the Receiver on account of such Claim; and shall not receive any further notices

on account of such Claim. Further, the Receivership Entities and their respective property or

estates will be discharged from any and all indebtedness or liability with respect to such Claim.

The proposed Bar Date and Proof of Claim Form are not unduly burdensome or

uncommon in matters of this nature. It is important to the efficient and orderly administration of

the receivership that Claimants timely file their Proofs of Claim and that late-filed Proofs of

Claim be disallowed. Establishment of the Bar Date is necessary in order for the Receiver to

determine which persons are entitled to share in distributions under a plan.

Proofs of Claim Processing and Verification. The Receiver has not yet decided

whether to use manual or automated processing for the Proofs of Claim or how to reconcile

Proofs of Claim with the books and records of the Receivership Entities. The Receiver has also

not yet decided how to verify the Claims asserted in the Proofs of Claim. He is currently

considering the use of certifications of truthfulness for all Proofs of Claim, an audit process for a

sampling of smaller Proofs of Claim, and in-depth examination of larger Proofs of Claim. As

such, the Receiver requests that he be authorized to employ any procedures he deems necessary,

in his sole and absolute discretion but subject to review by, and concurrence of, the Investor

Committee, for processing, reconciling, and verifying Proofs of Claim.

Reservation of Rights. Nothing herein shall prejudice any right of the Receiver to

dispute, or assert offsets or defenses as to the nature, amount, liability, classification, or

otherwise against, any amounts asserted in any Proof of Claim. Nothing contained herein is

intended to preclude the Receiver from objecting to any Proof of Claim on any grounds.






VII. DISTRIBUTION CALCULATION METHODOLOGIES

The ultimate goal in this case, which the establishment of the Bar Date will bring

one step closer, is the approval of a plan of distribution that will, among other things, provide for

distributions to Claimants based on the amount of their valid Claims. Relevant authorities permit

the use of different methodologies to calculate distributions to holders of Claims arising out of

investments.

The Receiver has not decided which methodology is best suited for the

circumstances of this case, although for investor claimants, the amount of the investor’s net

investment in the ponzi scheme will be one of the most significant factors. A preferred choice

may emerge by consensus after negotiations among interested parties. Furthermore, ultimate

payment on any claims will take into account payments, if any, made pursuant to distribution

plans, which may be implemented by relevant constituencies such as U.S. Dept. of Justice, SIPC

and/or Liquidators appointed by any foreign court or governmental authority. For his current

purposes, the Receiver needs to ensure that Claimants provide sufficient information to allow

him to determine the amount and validity of their Claims using whichever method this Court

ultimately directs him to employ.2

VIII. CONCLUSION AND PRAYER

WHEREFORE, the Receiver respectfully requests that this Court grant this

Motion and enter an order: (1) establishing the Bar Date by which Claimants must submit Proofs

of Claim of any type (other than Administrative Claims) against any of the Receivership Entities;

(2) approving the proposed form and manner of notice of the Bar Date and related procedures;

2 Any Claim submitted by INX will be treated in accordance with the Court’s Order of November 4, 2011

[Doc. 1466].






(3) approving the proposed Proof of Claim Form and procedures for submitting Proofs of Claim;

and (4) granting such other and further relief as is appropriate.

Dated: November 16, 2011 Respectfully submitted,

BAKER BOTTS L.L.P.

By: /s/ Kevin M. Sadler

Kevin M. Sadler

Texas Bar No. [email protected]

Robert I. Howell

Texas Bar No. 10107300

[email protected] T. Arlington


[email protected] San Jacinto Center

98 San Jacinto Blvd.

Austin, Texas 78701-4039(512) 322-2500

(512) 322-2501 (Facsimile)

Timothy S. Durst


[email protected]

2001 Ross AvenueDallas, Texas 75201

(214) 953-6500(214) 953-6503 (Facsimile)

ATTORNEYS FOR RECEIVER RALPH S. JANVEY






CERTIFICATE OF CONFERENCE

On November 15-16, 2011, counsel for the Receiver conferred or attempted to confer with theparties to this case. Counsel for the Receiver conferred with David Reece, counsel for the SEC,

regarding this motion and sent a draft of same to the SEC on October 25, 2011. On November

16, 2011, Mr. Reece stated that the SEC is still reviewing the motion and will make a separatefiling to advise the Court of its position. Counsel for the Receiver conferred with John Little, theCourt-appointed Examiner, and with Peter Morgenstern, counsel for the Official Stanford

Investors Committee, who stated that Investor Committee and Examiner are not in complete

agreement with the Receiver on certain aspects of this Motion, including the timing of the filingof this Motion and will separately file responses to this Motion to address their concerns to the

Court. Counsel for the Receiver attempted to confer with Stephen Cochell, counsel for R. Allen

Stanford, but did not receive a response regarding Mr. Stanford’s position on this motion or therelief requested herein. Counsel for the Receiver attempted to confer with Jeff Tillotson, counsel

for Laura Pendergest-Holt, but did not receive a response regarding Ms. Pendergest-Holt’s

position on this motion or the relief requested herein. Counsel for the Receiver conferred withKenneth Johnston and Joseph Hummel, counsel for Trustmark National Bank, who stated that

Trustmark takes no position on this motion or the relief requested herein. Counsel for the

Receiver attempted to confer with Manuel P. Lena, Jr., counsel for the DOJ (Tax Division), but

did not receive a response regarding the DOJ (Tax Division)’s position on this motion or therelief requested herein. Counsel for the Receiver attempted to confer with David Finn, counsel

for James Davis as indicated by the docket sheet in the above-captioned case but who has

represented to counsel for the Receiver that he no longer represents Mr. Davis, but did notreceive a response regarding Mr. Davis’s position on this motion or the relief requested herein.

Counsel for the Receiver attempted to confer with J. Randy Burton, counsel for Susan Stanford,

but did not receive a response regarding Mrs. Stanford’s position on this motion or the relief requested herein. Counsel for the Receiver conferred with Jason Brookner, counsel for HP

Financial Services Venezuela C.C.A., who stated that HP takes no position on this motion or therelief requested herein. Counsel for the Receiver conferred with Andrew Warren, counsel for the

DOJ (Fraud Division), who stated that the DOJ (Fraud Division) takes no position on this motion

or the relief requested herein. Counsel for the Receiver attempted to confer with GreggAnderson and John Helms, Jr., counsel for Mark Kuhrt, but did not receive a response regarding

Mr. Kuhrt’s position on this motion or the relief requested herein. Counsel for the Receiver

attempted to confer with Stephanie Curtis, counsel for INX, Inc., but did not receive a response

regarding INX’s position on this motion or the relief requested herein. The motion is, therefore,presumed to be opposed under Local Rule 7.1(b)(3).

/s/ Kevin M. Sadler

Kevin M. Sadler






CERTIFICATE OF SERVICE

On November 16, 2011, I electronically submitted the foregoing document with the clerk of the

court of the U.S. District Court, Northern District of Texas, using the electronic case filingsystem of the Court. I hereby certify that I have served the Court-appointed Examiner, all

counsel and/or pro se parties of record electronically or by another manner authorized by FederalRule of Civil Procedure 5(b)(2).

/s/ Kevin M. SadlerKevin M. Sadler




ORDER (I) ESTABLISHING BAR DATE FOR CLAIMS; (II) APPROVING FORM AND MANNER OF NOTICE THEREOF; AND (III) APPROVING PROOF OF CLAIM FORM AND




DALLAS DIVISION


Plaintiff,

v.


Defendants.

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§§§

§

§

§§

§

Case No. 3:09-CV-0298-N

_____________________________________________________________________________

ORDER (I) ESTABLISHING BARDATE FOR CLAIMS; (II) APPROVING FORM AND MANNER OF NOTICE

THEREOF; AND (III) APPROVING PROOF OF CLAIM FORM ANDPROCEDURES FOR SUBMITTING PROOFS OF CLAIM

_____________________________________________________________________________

Upon consideration of the Receiver’s Motion for Entry of an Order (I) Establishing Bar

Date for Claims; (II) Approving Form and Manner of Notice Thereof; and (III) Approving Proof

of Claim Form and Procedures for Submitting Proofs of Claim (the “Motion”), any responses or

objections to the Motion, and any replies in support of the Motion, this Court finds that: the relief

requested in the Motion is in the best interests of the Receivership Entities,1

potential Claimants,

and all other parties; notice of the Motion was good and sufficient under the particular

circumstances and that no other or further notice need be given; and based upon the record herein

and after due deliberation it is hereby ORDERED THAT:

1. The Motion is GRANTED in all respects.

2. All objections not withdrawn or resolved by this Order are overruled in all

respects.

1 Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion.

Case 3:09-cv-00298-N Document 1473-1 Filed 11/16/11 Page 1 of 10 PageID 33192





ESTABLISHMENT OF A BAR DATE FOR CLAIMS; APPROVAL OF FORM AND MANNER OF NOTICE

THEREOF; AND APPROVAL OF PROOF OF CLAIM FORM AND PROCEDURES FOR SUBMITTING

PROOFS OF CLAIM

3. Claims. For purposes of this Order (the “Bar Date Order”), a “Claim” is defined

as:

a. a right to payment, whether or not such right is reduced to judgment,

liquidated, unliquidated, fixed, contingent, mature, unmatured, disputed,

undisputed, legal, equitable, secured, or unsecured, against one or more of

the Receivership Entities; or

b. a right to an equitable remedy for breach of performance if such breach

gives rise to a right to payment, whether or not such right to an equitable

remedy is reduced to judgment, fixed, contingent, matured, unmatured,

disputed, undisputed, secured, or unsecured, against one or more of the

Receivership Entities.

4. Claimants. For purposes of this Bar Date Order, a “Claimant” is defined as and

includes any person or entity (including, without limitation, individuals, partnerships,

corporations, estates, trusts, and governmental units) that holds a Claim. Without limiting the

generality of the foregoing, the definition of Claimant includes, but is not limited to, any person

or entity holding (1) a Claim based on any investment in a Receivership Entity, including an

investment in a certificate of deposit issued by Stanford International Bank, Ltd. or any other

Receivership Entity or (2) a Claim of any kind whatsoever against any Receivership Entity,

including, without limitation, a Claim based on the provision of goods or services to any

Receivership Entity and has not been paid in whole or in part therefor; money loaned to any

Receivership Entity and has not been paid in whole or in part therefor; unpaid wages,






compensation, or other employment benefits; tax liabilities, including those held by federal and

state governments; primary, secondary, direct, indirect, secured, unsecured, or contingent

liability; or contract, tort, indemnity, reimbursement, subrogation theories, or other legal or

equitable theory.

5. Bar Date. This Court hereby establishes 5:00 p.m. (prevailing Central Time) on

the date that is 180 days after the entry of this Bar Date Order as the deadline for Claimants to

submit Proofs of Claim against the Receivership Entities (the “Bar Date”).

6. Claims Procedures. The Claims Procedures, including the Bar Date Notice and

Proof of Claim Form (each defined further below), are approved:

a. Eligibility to Submit a Proof of Claim. Proofs of Claim shall be submitted

by all persons or entities (including, without limitation, individuals,

partnerships, corporations, joint ventures, estates, trusts, and governmental

units) that are Claimants and believe that they are owed any money by, or

have a right to distribution from, any of the Receivership Entities,

regardless of whether the Claim at issue has been acknowledged by the

Receiver or whether the Claim at issue is held with or through any person

or entity or based on primary, secondary, direct, indirect, secured,

unsecured, or contingent liability.

b. Administrative and Professional Claims. Creditors holding claims based

on the provision of goods or services to the Receivership Entities or the

Receiver (“Administrative Claims”) after the February 16, 2009

appointment of the Receiver are not required to submit proofs of claim on

or before the Bar Date and will not be subject to the Bar Date.






Additionally, the Receiver, his professionals, the Examiner, and the

Investor Committee are not required to submit proofs of claim on or

before the Bar Date, and all claims of the Receiver, his professionals, the

Examiner, and the Investor Committee (“Professional Claims”) shall be

addressed in accordance with prior orders of this Court.

c. Notice. The Receiver shall provide the following notice:

i. Notice by Mail. The Receiver shall serve by mail, within 30

business days of entry of this Order, (a) SIB CD accountholders

who had a positive SIB CD account balance as of February 16,

2009 and for whom the Receiver has physical addresses from the

books and records of SIB and (b) potential Claimants who have

provided the Receiver with a physical address through (i)

communications directed to the Receiver’s email address

[email protected], (ii) the prior submission

of a Claimant Form, or (iii) the prior submission of an


Company Brokerage Accounts,” with: (1) a notice of the Bar Date

and the procedures for submitting proofs of claim, substantially in

the form of the notice attached as Exhibit 2 to the Appendix in

support of the Motion (the “Bar Date Notice”) and (2) a proof of

claim form substantially in the form of the document attached as

Exhibit 3 to the Appendix in support of the Motion (the “Proof of

Claim Form”). With respect to the Claimants that meet the above






requirements for notice by mail, the Receiver shall serve (a) those

located within the United States by United States first class mail

and (b) those located outside the United States by any method he

deems reasonable in his sole and absolute discretion but subject to

review by, and concurrence of, the Investor Committee. The Bar

Date Notice and the Proof of Claim Form provide clear notice and

instructions concerning the Claims Procedures.

ii. Notice by Electronic Mail. In addition to notice by mail (if

required pursuant to the previous paragraph), where potential

Claimants have provided an electronic mail address to the Receiver

through (a) communications directed to the Receiver’s email

address [email protected], (b) the prior

submission of a Claimant Form, or (c) the prior submission of an


Company Brokerage Accounts,” the Receiver shall serve, within

30 business days of entry of the Bar Date Order, the Bar Date

Notice and the Proof of Claim Form on such potential Claimants

via the electronic mail address provided by them.

iii. Notice by Publication. The Bar Date Notice and the Proof of Claim

Form shall also be made available, within 10 calendar days of entry of

the Bar Date Order, on the Receiver’s website

(www.stanfordfinancialreceivership.com ) and on the website

maintained by the Examiner (http://www.lpf-






law.com/sub/stanford.jsp), and the Receiver and the Examiner

shall issue, within 3 calendar days of entry of the Bar Date Order,

press releases that include the Bar Date Notice and the Proof of

Claim Form. The Receiver shall also publish, within 45 calendar

days of entry of the Bar Date Order, a notice of the Bar Date and

the procedures for submitting proofs of claim, substantially in the

form of the notice attached as Exhibit 4 to the Appendix in support

of the Motion (the “Bar Date Publication Notice”), in newspapers

of general and local circulation, includingThe Wall Street Journal

,

Houston Chronicle, The New York Times, Financial Times, and

other such publications that in the Receiver's sole and absolute

discretion are reasonably calculated to provide notice to potential

Claimants, on two days that are two weeks apart.

iv. Notice Upon Inquiry. The Receiver shall promptly provide the Bar

Date Notice and the Proof of Claim Form to any Claimant who

makes a written request for such documents to the e-mail address

[email protected] or to the physical

address Stanford Financial Group Receivership, 1029 State

Highway 6 North, Suite 650 #272, Houston, TX 77079.

d. Procedure for Submitting Proof of Claim. Except as otherwise provided

by order of this Court or provided below, each Claimant shall submit a

completed and signed Proof of Claim Form under penalty of perjury and

evidencing such Claimant’s Claim, together with supporting






documentation (a “Proof of Claim”), with the Receiver’s agent in the

manner indicated below, so that such Proof of Claim Form is actually

received on or before the Bar Date. Proofs of Claim shall be submitted to

the Receiver’s agent (1) in person or by courier service, hand delivery, or

mail addressed to Stanford Financial Group Receivership, 1029 State

Highway 6 North, Suite 650 #272, Houston, TX 77079; (2) by electronic

mail, as an attachment in portable document format (.pdf), to

[email protected] ; or (3) by facsimile or by

telecopy to (281) 368-2054. Proofs of Claim should not be filed with this

Court, and any Proof of Claim so filed shall not be considered properly

submitted.

e. Prior Submissions by Claimants. Prior submissions by Claimants will be

treated in the following manner:

i. Claims Submitted with Antiguan Liquidators or Receivers. A

Claimant that has submitted evidence of a Claim with the Antiguan

liquidators or receivers or that has a Claim as a beneficiary of a

trust for which Stanford Trust Company Limited is the trustee shall

submit a Proof of Claim evidencing such Claim in order to be

entitled to receive a distribution from any of the Receivership

Entities. This includes, but is not limited to, any claim registered

through the Antiguan liquidators’ website

(https://stanford.frpadvisory.com/default.aspx ) or with Vantis plc

or any other representative of the Antiguan liquidators or receivers.






ii. Claims Submitted on Receiver’s Website. A Claimant that,

through the Receiver’s website

(http://stanfordfinancialreceivership.com/claims.php ), has

submitted a “Claimant Form” asserting a Claim may, but is not

required to, submit a Proof of Claim with respect to such Claim. If

such a Claimant does not submit a Proof of Claim, the Claimant

Form shall be treated as a timely and sufficiently filed Proof of

Claim. However, upon request from the Receiver, the Claimant

may be required to submit additional supporting documentation in

order for the Claim asserted in the Claimant Form to be allowed.

Such requests shall be made through the electronic mail address

included on the Claimant Form. Beginning on the date this Bar

Date Order is entered, Claimants shall not submit a Claimant Form

but shall, instead, submit a Proof of Claim in accordance with the

terms of this Bar Date Order.

f. Supporting Documentation for Proof of Claim. Each Claimant should

attach to each Proof of Claim copies of all documents available to the

Claimant that could support such Proof of Claim. Such documentation

may include, but is not limited to: copies of personal checks, cashiers

checks, wire transfer advices, and other documents evidencing the

investment of funds; copies of each signed investment contract; a

chronological accounting of all money received by the Claimant from any

Receivership Entity or the Receiver, whether such payments are






denominated as the return of principal, interest, commissions, finder’s fee,

sponsor payment, or otherwise; copies of all agreements, promissory

notes, purchase orders, invoices, itemized statements of running accounts,

contracts, court judgments, mortgages, security agreements, evidence of

perfection of lien; and other documents evidencing the amount and basis

of the Claim. If supporting documentation is not available, the Claimant

shall attach to the Proof of Claim an explanation of why the

documentation is unavailable.

g.

Proof of Claim Must Identify Receivership Entity. Any Claimant holding

Claims against more than one Receivership Entity must submit a separate

Proof of Claim against each such Receivership Entity and must identify on

each Proof of Claim the particular Receivership Entity against which the

Proof of Claim is asserted. A Claimant’s failure to identify the correct

Receivership Entity on a Proof of Claim may be grounds for objection to,

and disallowance of, such Claimant’s Claims. However, a Claimant may

submit Proofs of Claim against several or all of the Receivership Entities if,

based upon a reasonable investigation, such Claimant believes that it holds a

Claim against those Receivership Entities or is unsure which Receivership

Entity it holds a Claim against.

h. Effect of Failure to Submit Proof of Claim Before Bar Date. Any

Claimant who is required to submit a Proof of Claim, but fails to do so in a

timely manner or in the proper form, shall be forever barred, estopped, and

enjoined to the fullest extent allowed by applicable law from asserting, in






any manner, such Claim against the Receivership Entities and their

respective property or estates; shall not be permitted to object to any

distribution plan proposed by the Receiver on account of such Claim; shall

be denied any distributions under any distribution plan implemented by

the Receiver on account of such Claim; and shall not receive any further

notices on account of such Claim. Further, the Receivership Entities and

their respective property or estates shall be discharged from any and all

indebtedness or liability with respect to such Claim.

i.

Proofs of Claim Processing and Verification. The Receiver is hereby

authorized to employ any procedures he deems necessary, in his sole and

absolute discretion but subject to review by, and concurrence of, the

Investor Committee, to process and reconcile Proofs of Claim and to

verify the Claims asserted in the Proofs of Claim.

j. Reservation of Rights. Nothing herein shall prejudice any right of the

Receiver to dispute, or assert offsets or defenses as to the nature, amount,

liability, classification, or otherwise against, any amounts asserted in any

Proof of Claim. Nothing contained herein is intended to preclude the

Receiver from objecting to any Proof of Claim on any grounds.

Signed _____________________

____________________________________

Honorable David C. Godbey

United States District Judge






DALLAS DIVISION


Plaintiff,

v.


Defendants.

§

§§§

§

§

§§

§

Case No. 3:09-CV-0298-N

______________________________________________________________________________

APPENDIX IN SUPPORT OF

RECEIVER'S MOTION FOR ENTRY OF AN ORDER (I) ESTABLISHING BAR

DATE FOR CLAIMS; (II) APPROVING FORM AND MANNER OF NOTICE

THEREOF; AND (III) APPROVING PROOF OF CLAIM FORM AND

PROCEDURES FOR SUBMITTING PROOFS OF CLAIM

_____________________________________________________________________________

Case 3:09-cv-00298-N Document 1474 Filed 11/16/11 Page 1 of 17 PageID 33202



Dated: November 16, 2011 Respectfully submitted,

BAKER BOTTS L.L.P.

By: /s/ Kevin M. Sadler

Kevin M. Sadler


[email protected] I. Howell


[email protected] T. Arlington


[email protected]

1500 San Jacinto Center98 San Jacinto Blvd.

Austin, Texas 78701-4039

(512) 322-2500(512) 322-2501 (Facsimile)

Timothy S. DurstTexas Bar No. 00786924

[email protected]

2001 Ross AvenueDallas, Texas 75201

(214) 953-6500

(214) 953-6503 (Facsimile)





CERTIFICATE OF SERVICE

On November 16, 2011, I electronically submitted the foregoing document with the clerk of thecourt of the U.S. District Court, Northern District of Texas, using the electronic case filing

system of the Court. I hereby certify that I have served the Court-appointed Examiner, allcounsel and/or pro se parties of record electronically or by another manner authorized by FederalRule of Civil Procedure 5(b)(2).

/s/ Kevin M. Sadler

Kevin M. Sadler




Exhibit 1

Stanford Receivership Entities

1




Receivership Entities

Antigua Athletic Club Limited

Bank of Antigua Limited

Caribbean Sun Airlines Holdings, Inc.

Christiansted Downtown Holdings, LLC

JS Development, LLC

Maiden Island Holdings Ltd.

Productos y Servicios Stanford, C.A.

R. Allen Stanford, LLC

SFG Majestic Holdings, LLC

Stanford 20*20, LLC

Stanford Agency, Inc. [Louisiana]1

Stanford Agency, Inc. [Texas]

Stanford Aircraft, LLC

Stanford American Samoa Holding Limited

Stanford Aviation 5555, LLC

Stanford Aviation II, LLC

Stanford Aviation III, LLC

Stanford Aviation Limited

Stanford Aviation LLC

Stanford Bank (Panama), S.A.2

Stanford Bank Holdings LimitedStanford Bank, S.A. Banco Comercial

Stanford Capital Management, LLC

Stanford Caribbean Investments, LLC

Stanford Casa de Valores, S.A.

Stanford Coins & Bullion, Inc.

Stanford Corporate Holdings International, Inc.

Stanford Corporate Services (Venezuela), C.A.

Stanford Development Company Limited

Stanford Development Corporation

Stanford Family Office, LLC

Stanford Financial Group Company

Stanford Financial Group Global Management, LLC

Stanford Financial Group Limited

Stanford Fondos, S.A. de C.V.

Stanford Global Advisory, LLC

Stanford Group (Antigua) Limited

Stanford Group (Suisse) AG

Stanford Group Aruba, N.V.

Stanford Group Casa de Valores, S.A.

Stanford Group Company

Stanford Group Holdings, Inc.

Stanford Group Mexico, S.A. de C.V.

Stanford Group Peru, S.A., Sociedad Agente de

Bolsa

Stanford Group Venezuela Asesores de Inversion,

C.A.

Stanford Holdings Venezuela, C.A.

Stanford International Bank Limited

Stanford Real Estate Acquisition, LLC

Stanford S.A. Comisionista de Bolsa

Stanford Services Ecuador, S.A.

Stanford Trust Company

Stanford Trust Company Administradora de Fondos

y Fideicomisos S.A.

Stanford Trust Company Limited

Stanford Venture Capital Holdings, Inc.

Sun Printing & Publishing Limited

The Island Club, LLC

The Islands Club, Ltd.

The Stanford Financial Group Building, Inc.

The Sticky Wicket Limited

Torre Senza Nome Venezuela, C.A.

Trail Partners, LLC

16NE Huntingdon, LLC

20/20 Ltd.

Apartment Household, Inc.

Asian Village Antigua Limited

Boardwalk Revitalization, LLC

Buckingham Investments A.V.V.

Caribbean Aircraft Leasing (BVI) Limited

2




Caribbean Airlines Services Limited

Caribbean Airlines Services, Inc.

Caribbean Star Airlines Holdings Limited

Caribbean Star Airlines Limited

Casuarina 20 LLCCrayford Limited

Cuckfield Investments Limited

Datcom Resources, Inc.

Devinhouse, Ltd.

Deygart Holdings Limited

Foreign Corporate Holdings Limited

Guardian International Investment Services No.

One, Inc.

Guardian International Investment Services No.Two, Inc.

Guardian International Investment Services No.

Three, Inc.

Guardian One, Ltd.

Guardian Two, Ltd.

Guardian Three, Ltd.

Guiana Island Holdings Limited

Harbor Key Corp.

Harbor Key Corp. II

Idea Advertising Group, Inc.

International Fixed Income Stanford Fund, Ltd.

Miller Golf Company, L.L.C.

Parque Cristal Ltd.

Pelican Island Properties Limited

Pershore Investments S.A.

Polygon Commodities A.V.V.

Porpoise Industries Limited

Robust Eagle Limited

Sea Eagle Limited

Sea Hare Limited

SG Ltd.

SGV Asesores C.A.

SGV Ltd.

Stanford 20/20 Inc.

Stanford Acquisition Corporation

Stanford Aerospace Limited

Stanford Agresiva S.A. de C.V.

Stanford Caribbean Regional Management

Holdings, LLC

Stanford Caribbean, LLC

Stanford Cobertura, S.A. de C.V.

Stanford Corporate Services (BVI) Limited

Stanford Corporate Services, Inc.

Stanford Corporate Ventures (BVI) Limited

Stanford Corporate Ventures, LLC

Stanford Crecimiento Balanceado, S.A. de C.V.

Stanford Crecimiento, S.A. de C.V.

Stanford Development Company (Grenada) LtdStanford Eagle, LLC

Stanford Financial Group (Holdings) Limited

Stanford Financial Group Ltd.

Stanford Financial Partners Advisors, LLC

Stanford Financial Partners Holdings, LLC

Stanford Financial Partners Securities, LLC

Stanford Financial Partners, Inc.

Stanford Galleria Buildings Management, LLC

Stanford Gallows Bay Holdings, LLC

Stanford Group Bolivia

Stanford Group Company Limited

Stanford Group Venezuela, C.A.

Stanford International Bank Holdings Limited

Stanford International Holdings (Panama) S.A.

Stanford International Management Ltd.

Stanford International Resort Holdings, LLC

Stanford Investment Advisory Services, Inc.

Stanford Leasing Company, Inc.

Stanford Management Holdings, Ltd.

Stanford South Shore Holdings, LLC

Stanford Sports & Entertainment Holdings, LLC

Stanford St. Croix Marina Operations, LLC

Stanford St. Croix Resort Holdings, LLC

3




Stanford St. Croix Security, LLC

Stanford Trust Holdings Limited

Sun Printing Limited

The Antigua Sun Limited

The Stanford Condominium Owners’ Association,Inc.

The Stanford Galleria Buildings, LP

Torre Oeste Ltd.

Two Islands One Club (Grenada) Ltd

Two Islands One Club Holdings Ltd

1 Locations in brackets are included to differentiate between legal entities with the same name but different locations or

other identifying information.2 Locations in parentheses are included in the legal name of an entity or other identifying information.

4




Exhibit 2

Bar Date Notice

5




NOTICE OF BAR DATE AND PROCEDURES FOR 1

SUBMITTING PROOFS OF CLAIM



DALLAS DIVISION


Plaintiff,

v.


Defendants.

§

§§§

§

§

§§

§

Case No. 3:09-CV-0298-N

_____________________________________________________________________________

NOTICE OF BAR DATE AND PROCEDURES FORSUBMITTING PROOFS OF CLAIM

_____________________________________________________________________________

TO: ALL CLAIMANTS OF THE STANFORD RECEIVERSHIP ENTITIES

PLEASE TAKE NOTICE OF THE FOLLOWING:

On [_________], the United States District Court for the Northern District of

Texas — Dallas Division (the “District Court”) entered an order in the above-captioned case (the“Bar Date Order”) establishing [_________], at 5:00 p.m. (prevailing Central Time) as the

deadline (the “Bar Date”) for certain claimants to submit a completed and signed Proof of Claim

Form under penalty of perjury and evidencing such claimant’s claim, together with supporting

documentation (a “Proof of Claim”), against the Defendants in the above-captioned case1

and allthe entities they own or control (collectively, the “Receivership Entities”).2

1. WHAT IS THE BAR DATE?

The Bar Date is the date by which the individuals and entities described below

must submit a Proof of Claim with the Receiver’s agent in the manner indicated below. The BarDate is [___________], at 5:00 p.m. (prevailing Central Time), and all Proofs of Claim must be

actually received on or before that deadline. Please note that any Proof of Claim submitted after

1 The Defendants include: Stanford International Bank, Ltd.; Stanford Group Company; Stanford Capital

Management, LLC; Robert Allen Stanford; James M. Davis; Laura Pendergest-Holt; Stanford Financial GroupCompany; and The Stanford Financial Group Building, Inc.

2The Receivership Entities include, without limitation: Stanford International Bank, Ltd.; Stanford Financial Group

Company; Stanford Group Company; Stanford Trust Company; Stanford Capital Management, LLC; Stanford Coins

& Bullion, Inc.; and the entities listed in Exhibit 1 to the Appendix in support of the Receiver’s Motion for Entry of

an Order (I) Establishing Bar Date for Claims; (II) Approving Form and Manner of Notice Thereof; and (III)

Approving Proof of Claim Form and Procedures for Submitting Proofs of Claim filed with the District Court in the

above-captioned case [Doc. [___________]] and on the Receiver’s website at

http://stanfordfinancialreceivership.com/.

6






the Bar Date will be subject to disallowance, which means that you would not receive anydistribution from the Receiver or the Receivership Entities.

2. WHO NEEDS TO SUBMIT A PROOF OF CLAIM?

All persons or entities (including, without limitation, individuals, partnerships,corporations, joint ventures, estates, trusts, and governmental units) that believe they possess aright to payment, or a claim of any nature, against any of the Receivership Entities and believe

that they are owed any money by, or are entitled to a distribution from, any of the Receivership

Entities must submit a Proof of Claim, regardless of whether such claim has been acknowledged

by the Receiver (each a “Claimant”).

Claimants include, but are not limited to, the following:

• any person or entity that holds a claim based on anyinvestment in a Receivership Entity, including aninvestment in a certificate of deposit issued by Stanford

International Bank, Ltd. or any other Receivership Entity;

• any person or entity that has a claim based on the provisionof goods or services to any Receivership Entity and has not

been paid in whole or in part therefor;

• any person or entity who has a claim based on money

loaned to any Receivership Entity and has not been paid in

whole or in part therefor;

• any employees of any Receivership Entity who have aclaim for unpaid wages, compensation, or benefits;

• any person or entity, including federal or stategovernmental units, that have tax claims against any

Receivership Entity;

• any person or entity with a claim against any Receivership

Entity based on primary, secondary, direct, indirect,

secured, unsecured, or contingent liability; or

• any person or entity holding a claim of any sort against any

Receivership Entity based on contract, tort, indemnity,reimbursement, subrogation theories, or other legal or

equitable theory.

This notice is being sent to many persons and entities that have had some

relationship or have done business with the Receivership Entities. The fact that you have received

this notice does not necessarily mean that you are a Claimant, that you have a valid claim, or thatthe District Court or the Receiver believes you have a claim against the Receivership Entities.

7






3. DO I NEED TO SUBMIT A PROOF OF CLAIM IF I HAVE

PREVIOUSLY SUBMITTED EVIDENCE OF A CLAIM?

There is a proceeding pending in the courts of Antigua and Barbuda, in which thosecourts have appointed liquidators for Stanford International Bank, Ltd. and receivers for Stanford Trust

Company Limited (an Antiguan entity controlled by R. Allen Stanford). A Claimant that hassubmitted evidence of a Claim with the Antiguan liquidators or receivers or that has a Claim as abeneficiary of a trust for which Stanford Trust Company Limited is the trustee must submit a

Proof of Claim evidencing such Claim in order to be entitled to receive a distribution from any of

the Receivership Entities. This includes, but is not limited to, any claim registered through the

Antiguan liquidators’ website (https://stanford.frpadvisory.com/default.aspx) or with Vantis plcor any other representative of the Antiguan liquidators or receivers.

A Claimant that has previously submitted a “Claimant Form” through the Receiver’swebsite (http://stanfordfinancialreceivership.com/claims.php) may, but is not required to, submit

a Proof of Claim with respect to such Claim. If such a Claimant does not submit a Proof of

Claim, the Claimant Form will be treated as a timely and sufficiently filed Proof of Claim.However, upon request from the Receiver, the Claimant will be required to submit additional

supporting documentation in order for the claim asserted in the Claimant Form to be allowed.

Beginning on [_________], the date the Bar Date Order was entered, Claimants shall not submit

a Claimant Form but shall, instead, submit a Proof of Claim in accordance with the terms of theBar Date Order.

4. WHAT ARE THE CONSEQUENCES OF NOT SUBMITTING A

PROOF OF CLAIM?

ANY CLAIMANT WHO IS REQUIRED TO SUBMIT A PROOF OF CLAIM,

BUT THAT FAILS TO DO SO IN A TIMELY MANNER OR IN THE PROPER FORM, WILL

BE FOREVER BARRED, ESTOPPED, AND ENJOINED TO THE FULLEST EXTENTALLOWED BY APPLICABLE LAW FROM ASSERTING, IN ANY MANNER, SUCH

CLAIM AGAINST THE RECEIVERSHIP ENTITIES AND THEIR RESPECTIVE

PROPERTY OR ESTATES; WILL NOT BE PERMITTED TO OBJECT TO ANYDISTRIBUTION PLAN PROPOSED BY THE RECEIVER ON ACCOUNT OF SUCH

CLAIM; WILL BE DENIED ANY DISTRIBUTIONS UNDER ANY DISTRIBUTION PLAN

IMPLEMENTED BY THE RECEIVER ON ACCOUNT OF SUCH CLAIM; AND WILL NOT

RECEIVE ANY FURTHER NOTICES ON ACCOUNT OF SUCH CLAIM. FURTHER, THERECEIVERSHIP ENTITIES AND THEIR RESPECTIVE PROPERTY OR ESTATES WILL

BE DISCHARGED FROM ANY AND ALL INDEBTEDNESS OR LIABILITY WITH

RESPECT TO SUCH CLAIM.

5. WHERE CAN I GET A COPY OF THE PROOF OF CLAIM FORM?

For your convenience, enclosed with this notice is a Proof of Claim Form. A

copy of the Proof of Claim Form is also available on the Receiver’s website for this case at

http://stanfordfinancialreceivership.com/ and on the examiner’s website for this case athttp://www.lpf-law.com/sub/stanford.jsp. The Receiver will also provide this notice and the

8






Proof of Claim Form to any potential Claimant who makes a written request for such documentsto the e-mail address [email protected] or to the physical address

Stanford Financial Group Receivership, 1029 State Highway 6 North, Suite 650 #272,Houston, TX 77079.

6.

HOW DO I SUBMIT MY PROOF OF CLAIM?

A completed and signed Proof of Claim, together with supporting documentation,

must be submitted to the Receiver’s agent, so as to be actually received no later than [_______],

at 5:00 p.m. (prevailing Central Time).

Proofs of Claim must be submitted to the Receiver’s agent (1) in person or by

courier service, hand delivery, or mail addressed to Stanford Financial Group Receivership,

1029 State Highway 6 North, Suite 650 #272, Houston, TX 77079; (2) by electronic mail, asan attachment in portable document format (.pdf), to [email protected] ;

or (3) by facsimile or by telecopy to (281) 368-2054. Proofs of Claim will only be deemed

submitted when actually received by the Receiver’s agent, and therefore please allow sufficienttime for delivery. Proofs of Claim should not be filed with the District Court, and any Proof of

Claim so filed will not be considered properly submitted.

If you have a claim against more than one Receivership Entity, you must submit aseparate Proof of Claim against each such Receivership Entity and identify on each Proof of

Claim the particular Receivership Entity against which the Proof of Claim is asserted. Your

failure to identify the correct Receivership Entity on a Proof of Claim Form may be grounds forobjection to, and disallowance of, the claim. However, you may submit Proofs of Claim against

several or all of the Receivership Entities if, based upon a reasonable investigation, you believethat you hold a claim against those Receivership Entities or you are unsure which Receivership

Entity you hold a claim against.

7. SUPPORTING DOCUMENTS

You should attach to each Proof of Claim copies of all documents available to youthat could support your claim. Such documentation may include, but is not limited to: copies of

personal checks, cashiers checks, wire transfer advices, and other documents evidencing your

investment of funds; copies of each signed investment contract; and a chronological accounting

of all money you received from any Receivership Entity or the Receiver, whether such paymentsare denominated as the return of principal, interest, commissions, finder’s fee, sponsor payment,

or otherwise; copies of all agreements, promissory notes, purchase orders, invoices, itemized

statements of running accounts, contracts, court judgments, mortgages, security agreements,evidence of perfection of lien; and other documents evidencing the amount and basis of your

Claim.

Depending upon the Claim review process ultimately employed by the Receiver,

you will have to satisfy certain minimum standards in order to establish a Claim and receive a

distribution. Accordingly, the more information you provide, the easier it will be for theReceiver to validate your Proof of Claim.

9






DO NOT SEND ORIGINAL DOCUMENTS. If such supporting documentation

is not available, please explain why in an addendum that is attached to your Proof of Claim.

8. CONSENT TO JURISDICTION

If you submit a Proof of Claim in this case, you consent to the jurisdiction of theDistrict Court for all purposes and agree to be bound by its decisions, including, without

limitation, a determination as to the validity and amount of any claims asserted against the

Receivership Entities. In submitting a Proof of Claim, you agree to be bound by the actions of

the District Court even if that means your claim is limited or denied.

9. RESERVATION OF RIGHTS

The Receiver reserves the right to dispute, or assert offsets or defenses as to the

nature, amount, liability, classification, or otherwise against, any amounts asserted in any Proof

of Claim. Nothing set forth in this notice or the Proof of Claim Form shall preclude the Receiverfrom objecting to any Proof of Claim on any grounds.

Dated this [__] day of [__________].

BY ORDER OF THE HONORABLE DAVID GODBEY

UNITED STATES DISTRICT COURT JUDGE

BAKER BOTTS L.L.P.

[TO COME]


10




Exhibit 3

Proof of Claim Form

11




UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF TEXAS (DALLAS DIVISION)

[For Receiver’s use only]

PROOF OF CLAIM NO. _______

SEC v. Stanford International Bank, Ltd., et al.

Case No. 3:09-CV-0298-N

R ECEIVER ’S AGENT: Submit your Proof of Claim and supporting

documentation to the Receiver’s agent: (1) in person or by courier service, hand

delivery, or mail addressed to Stanford Financial Group Receivership, 1029

State Highway 6 North, Suite 650 #272, Houston, TX 77079; (2) by electronicmail, as an attachment in portable document format (.pdf), to

[email protected]; or (3) by facsimile or by telecopy to(281) 368-2054.

1. CLAIMANT INFORMATION:

Name: _______________________________________________

Address: _____________________________________________

City, State, Zip: _______________________________________

Telephone: ___________________________________________

Account Number (if any): _______________________________

2. ENTITY WITH WHOM CLAIM WAS INCURRED (SUBMIT SEPARATE CLAIMS AGAINST EACH ENTITY):

□ Stanford International Bank, Ltd.

□ Stanford Group Company

□ Stanford Capital Management, LLC

□ Stanford Trust Company

□ Stanford Financial Group Company

□ Stanford Coins & Bullion, Inc.

□ Other: _________________________

3. BASIS FOR CLAIM (CHECK ALL APPLICABLE):

□ Investment in Stanford International Bank, Ltd. certificate(s) of deposit

□ Other investment □ Services performed

□ Money loaned

□ Taxes

□ Wages, salaries, or compensation (fill out below)

Your SS#: ______________________________

Unpaid compensation for services performed

from ________________ to ________________ (dates)

□ Other: __________________________________

(describe or provide additional information on attached sheet)

4. SECURED CLAIM:

□ Secured Party. Check this box if you contend your claim is subject to a

security interest. Attach copies of all documents that evidence the claim of secure

status, including promissory notes, mortgages, security agreements, and evidence

of perfection of lien.

BRIEF DESCRIPTION OF COLLATERAL:

□ Real Estate

□ Motor Vehicle

□ Other: _______________________________ (please describe)

ASSERTED VALUE OF COLLATERAL: $_________________

5. TOTAL AMOUNT OF CLAIM: $_______________________

6. DATE(S) DEBT WAS INCURRED: ______________________ 7. IF COURT JUDGMENT, DATE OBTAINED: _________________

8. IF LEGAL ACTION PENDING, DATE COMMENCED, COURT NAME, AND CASE NO.: _______________________________________

9. SUPPORTING DOCUMENTATION: Please attach to your Proof of Claim Form copies of all documents available to you that support your claim, including but

not limited to, copies of personal checks, cashiers checks, wire transfer advices, and other documents evidencing the investment of funds, copies investment contracts, a

chronological accounting of all money received from any receivership entity or the receiver, copies of all agreements, promissory notes, purchase orders, invoices,

itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, evidence of perfection of lien, and other documents evidencing theamount and basis of the Proof of Claim. DO NOT SEND ORIGINAL DOCUMENTS. If such documentation is not available, please attach an explanation of why the

documents are unavailable.

10. VERIFICATION OF CLAIMS: All Proofs of Claim submitted are subject to verification by the Receiver and approval by the Court. It is important to provide

complete and accurate information to facilitate this effort. Claimants may be asked to supply additional information to complete this process.

11. CONSENT TO JURISDICTION: By submitting your Proof of Claim, you consent to the jurisdiction of the United States District Court for the Northern Distric

of Texas for all purposes and agree to be bound by its decisions, including, without limitation, a determination as to the validity and amount of any claims asserted

against the Receivership Entities. In submitting your Proof of Claim, you agree to be bound by the actions of the United States District Court for the Northern District o

Texas even if that means your claim is limited or denied.

12. DATED: 13. SIGNATURE: Sign and print the name and title, if any, of all claimants or other persons authorized to submit this claim (attach

a copy of power of attorney, death certificate, or other document as needed).

Pursuant to 28 U.S.C. § 1746, I certify under penalty of perjury under the laws of the United States of America that the foregoing is

true and correct and that any supporting documentation provided is also true and correct.

Signature: ________________________________________________________

Printed Name: _____________________________________________________

Title: ____________________________________________________________

12




Exhibit 4

Bar Date Publication Notice

13






DALLAS DIVISION

SECURITIES AND EXCHANGE COMMISSION, §

Plaintiff, §

v. § Case No. 3:09-CV-0298-N

§

STANFORD INTERNATIONAL BANK, LTD., ET AL., §

Defendants. §

NOTICE OF LAST DAY TO SUBMIT CLAIMSTO ANY CLAIMANTS OF THE RECEIVERSHIP ENTITIES LISTED IN THE BOX BELOW

PLEASE TAKE NOTICE THAT the United States District Court for the Northern

District of Texas has entered an order establishing _____ __, 2011, at 5:00 p.m.

(prevailing Central Time) (the “Bar Date”) as the last date for each person or entity

(including individuals, partnerships, corporations, joint ventures, trusts and governmental

units) who asserts a claim (collectively, “Claimants”) against any of the Receivership

Entities listed in the box below to submit a Proof of Claim.

Receivership Entities

Stanford International Bank, Ltd.

Stanford Trust Company

Stanford Group Company

Stanford Financial Group Company

Stanford Capital Management, LLC

Stanford Coins & Bullion, Inc.

The list above contains only the more significant of the Receivership Entities. A complete list

of the Receivership Entities is available at http://stanfordfinancialreceivership.com/ or by

contacting the Receiver’s agent at the address listed herein.

Claimants must identify on their Proof of Claim the particular Receivership Entity against

which their claim is asserted. If a Claimant has claims against multiple Receivership

Entities, the Claimant must submit a separate claim with respect to each Receivership

Entity. The Receivership Entities are listed in the box above.

The Bar Date and claims filing procedures set forth below apply to all claims against the

Receivership Entities that arose prior to February 16, 2009, the date the Receiver was

appointed. If you believe any of the Receivership Entities may owe you money, you

should consider filing a claim before the applicable Bar Date. Holders of claims that

arose after February 16, 2009 are not required to submit a Proof of Claim at this time.

WHO MUST SUBMIT A PROOF OF CLAIM

You MUST submit a proof of claim if you have a claim against any of the Receivership

Entities that arose prior to February 16, 2009. Claimants that must submit a proof of

claim prior to the Bar Date include, but are not limited to, the following: (1) any person

or entity that holds a claim based on any investment in a Receivership Entity, including

an investment in a certificate of deposit issued by Stanford International Bank, Ltd. orany other Receivership Entity; (2) any person or entity that has a claim based on the

provision of goods or services to any Receivership Entity and has not been paid in whole

or in part therefor; (3) any person or entity who has a claim based on money loaned to

any Receivership Entity and has not been paid in whole or in part therefor; (4) any

employees of any Receivership Entity who have a claim for unpaid wages, compensation,

or benefits; (5) any person or entity, including federal or state governmental units, that

have tax claims against any Receivership Entity; (6) any person or entity with a claim

against any Receivership Entity or any entity under their control based on primary,

secondary, direct, indirect, secured, unsecured, or contingent liability; and (7) any person

or entity holding a claim of any sort against any Receivership Entity or any entity under

their control based on contract, tort, indemnity, reimbursement, subrogation theories, or

other legal or equitable theory. This includes any claim based on acts or omissions of

Receivership Entities that occurred before February 16, 2009, even if those claims are not

now fixed, liquidated, or certain and did not mature or become fixed, liquidated or certain

before that date.

WHO DOES NOT NEED TO SUBMIT A PROOF OF CLAIM:

“Administrative Claimants” that provided goods or services to the Receivership Entities or the

Receiver after the Receiver was appointed on February 16, 2009, are not required to submit aproof of claim prior to the Bar Date. Claimants that have previously submitted a “Claimant

Form” through the Receiver’s website (http://stanfordfinancialreceivership.com/claims.php)

are not required to submit a proof of claim prior to the Bar Date but may wish to do so in

order to provide additional information to the Receiver. Beginning on [_________], the

date the Court entered the order setting the Bar Date, Claimants shall not submit a

Claimant Form but shall, instead, submit a Proof of Claim in accordance with the terms

of the Court’s Bar Date Order.

WHEN AND WHERE TO SUBMIT A PROOF OF CLAIM

Proofs of claim must be submitted so as to be ACTUALLY RECEIVED on or before

_____ __, 2011 at 5:00 p.m. (prevailing Central Time) by the Receivership Entities’

agent in the following manner: (1) in person or by courier service, hand delivery, or mail

addressed to Stanford Financial Group Receivership, 1029 State Highway 6 North,

Suite 650 #272, Houston, TX 77079; (2) by electronic mail, as an attachment in portable

document format (.pdf), to [email protected]; or (3) by facsimil

or by telecopy to (281) 368-2054.

CONSEQUENCES OF FAILURE TO SUBMIT A

PROOF OF CLAIM BY THE BAR DATE

If, as described in this notice, you are required to submit a proof of claim but do not do

on or before the Bar Date of ___________ __, 2011, at 5:00 p.m. (prevailing Central Tim

you will be forever barred, estopped, and enjoined, to the fullest extent allowed

applicable law from asserting any claim you hold or wish to assert against the ReceiversEntities (or filing a proof of claim with respect to such claim), the Receivership Entities a

their property will be forever discharged from any and all indebtedness and liability w

respect to that claim, and you will not be permitted to participate in any distribution in

Receivership Entities’ distribution process on account of that claim, or to receive furt

notices regarding that claim. You may wish to consult an attorney concerning t

matter.

To obtain additional information and a Proof of Claim Form call: (866) 964-6301 Mond

Friday, 9:00 a.m. – 5:00 p.m. (prevailing Central Time). Or write to: Stanford Finan

Group Receivership, 1029 State Highway 6 North, Suite 650 #272, Houston, TX 770

Or email to: [email protected].

A copy of the Bar Date Order, Proof of Claim Form, instructions, and additional

information for potential claimants is available at http://stanfordfinancialreceivership.com


1474 receiver motion to establish bar date for claims

Documents