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3/17/2008
Nacchio Gets a New Trial
This is a reprieve from a potential six years behind bars for former Quest CEO, Joe Nacchio. Whether his luck will hold is an open question. Details on the new trial here.

-- MDT

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Blogger Jay Draimansaid...
NACHSHON DRAIMAN 09-17582 and Multiut 09-17575 file for bankruptcy
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On May 14, 2009, NACHSHON DRAIMAN filed for Chapter 11 bankruptcy. The filer is being represented by Michael L Ralph, Sr of the firm Ralph, Schwab & Schiever, Chtd.
A bankruptcy petition preparer’s failure to comply with the provisions of
title 11 and the Federal Rules of Bankruptcy Procedure may result in
fines or imprisonment or both 11 U.S.C. §110; 18 U.S.C. §156.
Multiut Corporation
/s/ SCOTT R. CLAR
SCOTT R. CLAR 06183741
Crane, Heyman, Simon, Welch & Clar
Suite 3705
135 South LaSalle Street
Chicago, IL 60603-4297
312-641-6777 Fax: 312-641-7114
May 14, 2009
Nachshon Draiman
/s/ Nachshon Draiman
President
May 14, 2009

I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: /s/ Nachshon Draiman
Nachshon Draiman
Date: May 14, 2009
Software

B4 (Official Form 4) (12/07)
United States Bankruptcy Court
Northern District of Illinois
In re Nachshon Draiman Case No.
Debtor(s) Chapter 11
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
Following is the list of the debtor's creditors holding the 20 largest unsecured claims. The list is prepared in
accordance with Fed. R. Bankr. P. 1007(d) for filing in this chapter 11 [or chapter 9] case. The list does not include (1)
persons who come within the definition of "insider" set forth in 11 U.S.C. § 101, or (2) secured creditors unless the value of
the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims.
If a minor child is one of the creditors holding the 20 largest unsecured claims, state the child's initials and the name and
address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's
name. See 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m).
(1)
Name of creditor and complete
mailing address including zip
code
(2)
Name, telephone number and complete
mailing address, including zip code, of
employee, agent, or department of creditor
familiar with claim who may be contacted
(3)
Nature of claim (trade
debt, bank loan,
government contract,
etc.)
(4)
Indicate if claim is
contingent,
unliquidated,
disputed, or subject
to setoff
(5)
Amount of claim [if
secured, also state
value of security]
Alan Mandel
7520 N. Skokie Blvd.
Skokie, IL 60077
Alan Mandel
7520 N. Skokie Blvd.
Skokie, IL 60077
Attorney's Fees and
Costs
Disputed
Subject to Setoff
193,963.62
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Personal Line of
Credit
120,000.00
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Guaranty on Bank
Loan, Lifescan
Laboratiries, Inc.
Contingent
Unliquidated
259,748.58
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Guaranty on Bank
Loan, Peterson Park
Health Care Center
Contingent
Unliquidated
1,048,361.25
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Guaranty of Real
Estate Mortgage
Loan, Lifescan
Laboratiries, Inc.
Contingent
Unliquidated
859,670.31
Brickyard Bank
6676 N. Lincoln Avenue
Lincolnwood, IL 60712-3631
Brickyard Bank
6676 N. Lincoln Avenue
Lincolnwood, IL 60712-3631
Guaranty on Bank
Loan, Embassy
Holdings, LLC
Contingent
Unliquidated
2,200,000.00
Brickyard Bank
6676 N. Lincoln Avenue
Lincolnwood, IL 60712-3631
Regina Hirn
Brickyard Bank
6676 N. Lincoln Avenue
Lincolnwood, IL 60712-3631
847-979-2265
Personal line of
credit
677,251.85
Cole Taylor Bank
225 W. Washington St.
8th Floor
Chicago, IL 60606
Jonathon Rothstein
Cole Taylor Bank
225 W. Washington St., 8th Floor
Chicago, IL 60606
312-442-5000
Guaranty of Bank
Loan LOC, LCF
Associates
Contingent
Unliquidated
400,000.00
Cole Taylor Bank
225 W. Washington St.
8th Floor
Chicago, IL 60606
Cole Taylor Bank
225 W. Washington St., 8th Floor
Chicago, IL 60606
Guaranty of Real
Estate Mortgage
Loan, LCF
Associates
Contingent
Unliquidated
1,000,000.00
Danny Shabat
3531 W. Howard
Skokie, IL 60076
Danny Shabat
3531 W. Howard
Skokie, IL 60076
200,000.00
Software Copyright (c) 1996-2007 Best Case Solutions - Evanston, IL - (800) 492-8037 Best

B4 (Official Form 4) (12/07) - Cont.
In re Nachshon Draiman Case No.
Debtor(s)
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
(Continuation Sheet)
(1)
Name of creditor and complete
mailing address including zip
code
(2)
Name, telephone number and complete
mailing address, including zip code, of
employee, agent, or department of creditor
familiar with claim who may be contacted
(3)
Nature of claim (trade
debt, bank loan,
government contract,
etc.)
(4)
Indicate if claim is
contingent,
unliquidated,
disputed, or subject
to setoff
(5)
Amount of claim [if
secured, also state
value of security]
Dynegy Marketing and Trade
1000 Louisiana
Suite 5800
Houston, TX 77002
Dynegy Marketing and Trade
1000 Louisiana, Suite 5800
Houston, TX 77002
Judgment Creditor -
Appeal Pending
Disputed 15,348,244.72
First Bank
900 East Higgins Road
Elk Grove Village, IL 60007
First Bank
900 East Higgins Road
Elk Grove Village, IL 60007
Guaranty of Bank
Loan for now
inactive business,
Embassy Day Care
Center, Inc.
Contingent
Unliquidated
Disputed
800,000.00
Great-West Life & Annuity et al.
c/o Chittenden Murday Novotny
303 W. Madison #1400
Chicago, IL 60606
Great-West Life & Annuity et al.
c/o Chittenden Murday Novotny
303 W. Madison #1400
Chicago, IL 60606
Pending litigation -
health insurance
claims
Contingent
Unliquidated
Disputed
142,360.00
Greenberg Traurig
77 West Wacker Drive
Suite 2500
Chicago, IL 60601
Greenberg Traurig
77 West Wacker Drive, Suite 2500
Chicago, IL 60601
Attorneys' Fees and
Costs
Disputed
Subject to Setoff
827,310.10
Israel Discount Bank
Yehuda Halevy 27-31
POB 456
Tel Aviv , Israel, 65136
Israel Discount Bank
Yehuda Halevy 27-31, P.O. Box 456
Tel Aviv, Israel 65136
Pending Litigation Contingent
Unliquidated
Disputed
Subject to Setoff
25,000,000.00
Peterson Park
7520 Skokie Blvd.
Skokie, IL 60077
Peterson Park
7520 Skokie Blvd.
Skokie, IL 60077
Contingent
Unliquidated
Disputed
3,000,000.00
Premier Bank
1210 Central Avenue
Wilmette, IL 60091
Ginett Ramos
Premier Bank
1210 Central Avenue
Wilmette, IL 60091
847-920-1400
Guaranty on Bank
Loan, Embassy
Holdings, LLC
Contingent
Unliquidated
749,316.68
Robert Hartman
6633 N. Lincoln Avenue
Lincolnwood, IL 60712
Robert Hartman
6633 N. Lincoln Avenue
Lincolnwood, IL 60712
Loan - Business 200,000.00
Ron Shabat
5936 N. Bernard
Chicago, IL 60659
Ron Shabat
5936 N. Bernard
Chicago, IL 60659
750,000.00
Virginia Feddeler et al.
c/o Paul R. Shuldiner
20 S. Clark #500
Chicago, IL 60603
Virginia Feddeler et al.
c/o Paul R. Shuldiner
20 S Clark #500
Chicago, IL 60603
Pending litigation -
personal injury torte
claim
Contingent
Unliquidated
Disputed
3,000,100.00
Software Copyright (c) 1996-2007 Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy

B4 (Official Form 4) (12/07) - Cont.
In re Nachshon Draiman Case No.
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7/30/2007
Quest's Nacchio Faces Fine, Jail Time
Quest's former CEO, Joe Nacchio, was sentenced on Friday in connection with his sell-off of $52 million in Quest stock while not disclosing to his companies investors that rough times were ahead. For what the judge in the case called "crimes of overarching greed" Nacchio was sentenced to six years in prison. He was also ordered to forfeit the $52 million within 15 days along with a $19 million fine. Still ahead for Nacchio is a civil suit against Quest executives that is scheduled to get going in 2009.

-- MDT

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7/27/2007
Quest's Nacchio Sentenced Today
And we'll be watching closely...not as closely though as the White Collar Crime Prof Blog's Peter Henning. You can read his comments here, with more sure to come.

-- MDT

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4/24/2007
Insider Trading Charges a Back Door For Prosecutors
Interesting article from the NJ Star Ledger (which features quote-love for friend of The Daily Caveat Peter Henning) on changing strategies for corporate crime prosecutors. Using the Joe Nacchio trial as a case in point, Henning describes in the article how prosecutors can use insider trading charges against executives as a back door to exploring accounting fraud without having to dive into the treacherous, confusing minutia that comes from attacking corporate accounting head on.

-- MDT

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4/20/2007
Nacchio Guilty on 19 Counts
19 of 42 would be a pretty darn good batting average in the MLB. Less so in a guilty verdict. Former Quest CEO Joe Nacchio has been found guilty on 19 counts of insider trading after six days of jury deliberations in his criminal trial. In 2001, over five months Nacchio more than 100 million dollars worth of Quest stock, before disclosing the financial troubles the company was facing. A civil trial relating to the same issues is still pending.

There's more on the Nacchio Guilty verdict at TheOlympian.com.

-- MDT

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4/16/2007
Nacchio Verdict Forthcoming
Whatever happens, Nacchio may still face civil charges, but a not guilty verdict in his criminal trial won't exactly help the SEC's case. A great recap of the trial and a day-by-day summary can be found here, at The Denver Post.

Also, don't forget that The Race to the Bottom has been covering the trial closely. You might want to catch up with their coverage.

-- MDT

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3/16/2007
Coverage of the Joe Nacchio trial at The Race to the Bottom
The Daily Caveat mentioned this blog last week as one to watch...well start watching, because starting Monday they'll be providing daily coverage of the Joe Nacchio trial. Nacchio, the former quest head honcho, was indicted back in December 2005 on 42 counts of insider trading, having sloughed off more than $100 million in Quest stock when he knew the company was about to tank. Nice. Real nice.

Take a swing over the TheRacetoTheBottom.org on Monday and see what its all about.

-- MDT

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1/08/2007
Former Quest Finance Exec Reaches Settlement
Robin Szeliga has reached a settlement with the SEC regarding her role in the multi-billion dollar Quest Communications financial fraud. Szeliga is expected to accept a $250,00 fine ans two years probation based on a guilty plea on one count of insider trading. She is also expected to be a key witness against her former boss and fellow defendant, former Quest CEO, Joe Nacchio.

Now won't that trial be interesting.

-- MDT

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10/03/2006
Quest Faces $400 Million Class Action Settlement
The settlement was approved on Friday in a Denver court. Quest executives Joe Nacchio and Robert Blackburn were not included in the settlement and will likely pursued separately by investors.

More here.

-- MDT

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3/27/2006
Case Against Nacchio...Not Dismissed
This past Friday a Denver federal court judge declined to grant a dismissal of 42 counts insider of insider against former Qwest CEO, Joseph Nacchios. The request for dismissal was related to the defense team's inability thus far to qeustion Nacchios about secret dealings with the U.S. government. Special clearances are being required for said questioning and were granted to defense lawyers as of Friday. Each of the counts against Nacchios could cost him ten years in prison and a $1 million fine. More on the case and the continuing legal manuverings therein can be found here. In addition to the criminal counts pending againts Nacchios, civil charges from the SEC also loom. More here.

-- MDT

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1/20/2006
Quest Settlement Dunzo...Executives Fate Uncertain
Via BusinessWeek.com:
Ex-Qwest exec settlement said collapsed

THE ASSOCIATED PRESS/DENVER
By SANDY SHORE
AP Business Writer
January 19, 2006

A tentative settlement has collapsed for a former Qwest chief financial officer in a civil case arising from the telecommunications company's multibillion dollar accounting scandal, her attorney said Thursday.

Robin Szeliga's attorney provided no details during a court hearing about the Securities and Exchange Commission's case against Szeliga and other former Qwest executives. Szeliga announced in June she had agreed to settle the civil case.

"That settlement ultimately did not occur," attorney Mark Drooks told Magistrate Judge Craig B. Shaffer. SEC attorney Robert Fusfeld declined comment outside the courtroom...
Check out the full article for more on the probably fate of Nacchio and the five other Quest execs fingered in the fraud.

-- MDT

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1/10/2006
Quest's Nacchio to Point Finger at Board in Insider Trading Defense
Via TMCnet.com:
Nacchio could point to board's actions

The Denver Post, The (KRT)
Via Thomson Dialog NewsEdge
January 8, 2006

Former Qwest chief executive Joe Nacchio -- accused of criminal insider trading for selling $100.8 million worth of Qwest stock in 2001 -- may have a simple yet powerful defense for the sales: The board made him do it. Qwest publicly stated on several occasions between September 2000 and February 2001 that its board of directors had ordered Nacchio to unload millions' worth of company shares. Legal experts say the board's actions and company statements at the time could be vital to Nacchio's defense.

"He would argue that what he was doing was with full knowledge and authorization of the board," said Douglas McNabb, senior principal of McNabb Associates, a Washington, D.C.-based criminal defense law firm not involved in the Nacchio case. "That's huge." Federal prosecutors are expected to argue that even if Nacchio was told to unload Qwest stock, the 42 stock sales he made between January and May 2001 were illegal because he was aware of key information about the company's financial condition that wasn't publicly available.

They likely will also assert that Nacchio accelerated his stock sales instead of following the board's order to systematically divest his position. To obtain a conviction, prosecutors would have to convince a jury beyond a reasonable doubt that Nacchio dumped stock while he knew Qwest's financial condition was much weaker than he claimed publicly...
We shall see. Nacchio's trial will be a big one this year. More details in the full article.

-- MDT

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12/29/2005
Form Quest Exec Pleads Guilty to Wire Fraud
Only days after ex-Quest CEO Joe Nacchio was indicted on insider trading charges another former exec from the telecom company has been forced to pay the piper...

Via BusinessWeek:
Ex-Qwest exec pleads guilty to wire fraud

By JON SARCHE
Associated Press Writer
December 28 2005

Former Qwest Communications executive Marc Weisberg pleaded guilty Wednesday to wire fraud and agreed to cooperate with federal prosecutors trying to convict other company officials of wrongdoing, including former Chief Executive Joseph Nacchio.

Weisberg, a former senior vice president who oversaw investments, mergers and acquisitions for Denver-based Qwest Communications International Inc., pleaded guilty to a single count of fraud. He had faced eight counts of wire fraud and three counts of money laundering.

Prosecutors declined comment through U.S. Attorney's spokesman Jeff Dorschner. Weisberg's attorneys did not immediately return calls. He faces a March 3 sentencing hearing.
More here.

-- MDT

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12/21/2005
Nacchio Indicted on 42 Counts of Insider Trading
A little Happy Holidays! from Federal Prosecutors for the former Quest CEO...

Via ABCNews.com:
Former Qwest CEO Joe Nacchio Is Indicted

By Don Mitchell
The Associated Press

DENVER Dec 20, 2005 — Joseph Nacchio, the former chief executive of Qwest Communications during its multibillion-dollar accounting scandal, was indicted Tuesday on 42 counts of insider trading accusing him of illegally selling off more than $100 million in stock.

The indictment includes the first criminal charges against Nacchio in the government's nearly four-year-old investigation into accounting practices at Qwest Communications International Inc., the Denver-based primary telephone service provider in 14 mostly Western states.

Nacchio, 56, was in custody and his initial court appearance was expected later Tuesday, said Jeff Dorschner, a prosecution spokesman. Nacchio's attorneys said he would plead not guilty "with perfect confidence in his exoneration"...
More here.

-- MDT

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11/28/2005
Quest CEO Claims CIA Deals Prompted Suspect Stock Trades
Via Motleyfool.com:
Joe Nacchio: CEO or Secret Agent?

By Tim Beyers
November 22, 2005
Motley Fool

...Authorities have made [ Quest CEO, Joe] Nacchio the centerpiece of a federal investigation into an accounting scandal that forced the telco to restate its 2000 and 2001 earnings, which were found to be inflated by an aggregate of $2.2 billion.

Nacchio has long denied any wrongdoing in the case, but some might argue he was somewhat more fortuitous in his timing of sales of Qwest stock than your average Joe or Jane Oddlot. Nacchio's defense has been that he established a regular program of pruning to diversify his portfolio and that his hyperbolic public statements that touted the company were nothing more than optimistic puffery grounded in a naive belief that the business was just humming along. Call it the "I didn't know someone else was cooking the books" defense, if you like.

It now appears the story has changed. According to yesterday's edition of The Wall Street Journal, Nacchio's so-called pumping was motivated by the knowledge that the firm had landed secret national security contracts and was expecting to receive more. In other words: By day, he was a mild-mannered spreadsheet-touting CEO. By night, he was a back alley negotiator brokering secret deals with government spooks promising to increase sales and earnings for years. Call it the "I could tell you but I'd have to kill you" defense...
More here.

-- MDT

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3/30/2005
SEC Suspends Quest Auditor, Former Arthur Andersen Partner
Via BusinessWeek Online:
SEC suspends Qwest's former auditor

MAR. 29 4:49 P.M. ET The Securities and Exchange Commission on Tuesday suspended the former Arthur Andersen LLP partner in charge of auditing the books of Qwest Communications International Inc.

Mark Iwan, the former partner at the now-defunct firm, is banned from handling audits of publicly traded companies for five years. He was accused of failing in his professional duties during audits from 1999 through 2001 by overlooking signs of what regulators have called a massive financial fraud at the company.

Qwest, based in Denver, was a once high-flying telecommunications company whose fortunes changed in the late 1990s amid excess capacity in the industry. Last year, the company agreed to pay $250 million to settle charges that it used accounting tricks to boost revenue in order to meet overly optimistic revenue projections.

Iwan's license expired in May 2004. As part of the settlement, the former partner agreed to cooperate with the SEC staff. The SEC two weeks ago filed civil charges against former Qwest executives, including Joseph Nacchio, the former chief executive.

Scott Schreiber, an attorney for Iwan, didn't immediately return a phone call.
The original article can be found here.

-- MDT

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3/15/2005
Former Quest Execs Face SEC Suit
Hot off Reuters:
SEC Sues Ex-Qwest CEO Nacchio, Six Others

Tuesday March 15, 2:03 PM EST

DENVER, Colo, (Reuters) - The U.S. Securities and Exchange Commission on Tuesday sued former Qwest Communications International Inc. (Q) Chief Executive Joseph Nacchio and six other former executives, accusing them of perpetrating a massive financial fraud on investors.

The lawsuit, filed in Denver federal court, alleged that the Qwest management team filed false financial statements that hid the true source of the company's revenues between April 1999 and March 2002.

The scheme caused the Denver-based phone company to fraudulently report about $3 billion of revenue and also facilitated the company's June 2000 merger with US West Inc., the lawsuit said.
Read the rest at MYWAY News.

-- MDT

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