EXHIBIT 99.2
Case 1:08-cv-00151-LRR Document 12 Filed 02-26-10 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
__________________________________
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 08-CIV-151-LRR
)
BERTHEL SBIC, LLC )
)
Defendant, )
__________________________________)
MOTION OF THE U.S. SMALL BUSINESS ADMINISTRATION
AS RECEIVER FOR BERTHEL SBIC, LLC FOR ENTRY OF AN ORDER APPROVING
AND CONFIRMING THE FIRST RECEIVER'S REPORT FOR THE PERIOD FROM
JANUARY 7, 2009 THROUGH DECEMBER 31, 2009
Comes now the United States Small Business Administration ("SBA"),
appointed as Receiver ("Receiver") for Berthel SBIC, LLC ("Berthel"), by order
of this Court, entered January 7, 2009, and hereby moves this Court for the
entry of an Order Approving and Confirming the First Receiver's Report for the
Period beginning January 7, 2009, and ending December 31, 2009 (the "First
Receiver's Report'). The First Receiver's Report is annexed hereto as Exhibit A.
A Memorandum of Law in support of this Moton is being filed simultaneously
herewith.
For the reasons more specifically addressed in the accompanying Memorandum
of Law, the Receiver respectfully requests that this Court grant this Motion and
approve and confirm the First Receivers Report, and the acts and transactions
and receipts and disbursements reported therein.
Case 1:08-cv-00151-LRR Document 12 Filed 02-26-10 Page 2 of 3
Respectfully submitted,
STEPHANIE M. ROSE
UNITED STATES ATTORNEY
Dated: 02/26/2010 By: /s/ Lawrence D. Kudej
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LAWRENCE D. KUDEJ
Assistant United States Attorney
401 1St Street SE, Suite 400
Cedar Rapids, Iowa 52401-1825
Telephone No,: (319)363-6333
Fax No,: (319)363-1990
Larry.Kudej@usdoj.gov
Dated: 02/26/2010 By: /s/ Lawrence D. Kudej for
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ARLENE P. MESSINGER
Assistant General Counsel for SBIC
Enforcement
U.S. Small Business Administration
Office of General Counsel
409 Third Street, SW.. 7th Floor
Washington, D.C. 20416
Telephone No,: (202) 205-6857
Fax No,: (202) 481-0325
Attorneys for U.S. Small Business
Administration as Receiver for Berthel
SBIC, LLC
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Case 1:08-cv-00151-LRR Document 12 Filed 02-26-10 Page 3 of 3
CERTIFICATE OF SERVICE
----------------------
I HEREBY CERTIFY that service of the foregoing Motion of the U.S. Small
Business Administration, as Receiver for Berthel SBIC, LLC, for Entry of an
Order Approving and Confirming the First Receiver's Report For The Period From
January 7, 2009 Through December 31, 2009, Memorandum of Law in Support of
Receiver's Motion, and proposed Order, has been made this 26th day of February
2010, by mailing a copy thereof by first class mail, postage prepaid to:
Berthel Fisher & Co. Planning
701 Tama Street, Building B
Marion, Iowa 52302-0609
Attn: Thomas J. Berthel
Berthel Growth and Income Trust I
701 Tama Street, Building B
Marion, Iowa 52302-0609
Attn: Thomas J. Berthel
/s/ Julie A. Leeper
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JULIE A. LEEPER, LEGAL ASSISTANT
UNITED STATES ATTORNEY'S OFFICE
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