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Wednesday, February 11, 2009
Nadel's Attorney Trying to Get Him Out of Detainment
By Sandra Smith and Kathryn Glass
FOXBusiness
Art Nadel, the Sarasota, Fla., hedge fund manager accused of swindling investors out of $350 million, is being held in a federal transfer center in Oklahoma, but his attorney has prepared a motion to try to get him out.
Todd Foster, Nadel’s attorney, tells FOX Business that no hearing has been set and no time frame has been confirmed for when Nadel will move from Oklahoma to New York, where he is expected to be tried.
Foster opposes Nadel’s detainment and argues that the fund manager does not present a flight risk.
"We have prepared a motion to review the detention order -- we turned it in today, and expect it to be filed in the district court in New York tomorrow," Foster said.
Nadel was missing for several days last month when authorities learned the six funds he managed held assets of less than $1 million. Nadel turned himself into authorities in Tampa January 27.
According to the latest court filings a judge has ordered that a new receivership take $675,000 worth of jewelry into possession. The jewelry was on consignment at Queen's Wreath Jewels Inc., a shop on St. Armands Key, Fla., where Nadel’s business partners Neil and Chris Moody each bought a 20% stake a few years ago. The judge left the receivership open to include other assets the Moody’s owned.
Burton W. Wiand, the receiver appointed in the U.S. Securities & Exchange Commission's case against Nadel, also asked for and was granted permission to seize more of Nadel’s assets, including a 430-acre housing development in North Carolina called Laurel Preserve.
According to court documents, the receiver believes Nadel moved more than $4.8 million through loans and cash to the entities that owned the North Carolina property over past years, all of which came from the alleged fraud.
The receivership also extends to a trust account in Nadel’s wife’s name holding $650,000, which he referred to in a note he left his wife upon his disappearance. According to Wiand, this trust account was funded “entirely with proceeds of Nadel’s scheme.”
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