Professional Documents
Culture Documents
U S. Fi!JiiAl'TCY CT,
SI) OP i71....;1,
In re:
Alan L. Goldberg (the "Trustee"), the duly approved and acting trustee for the estate of
Stephan Jay Lawrence (the "Debtor"), by and through his undersigned counsel files this Motion for
entry of an Order approving the FILING UNDER SEAL of the Trustee's Ex Parte Application
Under Seal to Retain Juval Aviv and Interfor, Inc. to Perform Investigative Services Nunc Pro Tunc
to January 20, 2000 (the "Application"), pursuant to 11 U.S.C. § 107 and Rule 9018, Federal Rules
of Bankruptcy Procedure, and seeking that the Application, the fact of the approval of said
employment, any fee application, and Orders related thereto be made and maintained under seal.
1. The Trustee seeks to retain Juval Aviv and Interfor, Inc. to perform professional
investigative services, pursuant to 11 U.S.C. § 327(a), as a matter under seal so as to protect the
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assistance to the Trustee in his efforts to recover property of the estate, namely the res of the 1991
Lawrence Family Inter Vivos Trust (the "Trust"), and prevent further dissipation of that property
to the detriment of the estate. The Trustee seeks to proceed with this retention of the professional
investigator under seal since the disclosure of the retention of Juval Aviv and Interfor, Inc. will
thwart the process of locating and recovering the assets of Trust, which property of the estate
3. With respect to the foregoing, the Trustee requests that this Court permit all fee
applications made by Juval Aviv and Interfor, Inc. to be filed ex parte and under seal, and to the
extent that hearings are required thereon, any such hearing(s) be conducted in camera.
4. In support of the requested retention and anticipated fee applications of Juval Aviv
and Interfor, Inc., the Trustee will supply the Court with periodic reports with the results of the
ongoing investigations conducted by Juval Aviv and Interfor, Inc. as professional investigator in this
case. Upon information and belief, these reports will contain information that falls within the scope
5. The Trustee submits that this request to file the Application under seal furthers the
Trustee's fulfillment of his statutory duties and his efforts on behalf of and for the benefit of the
estate to recover the Trust res. Rule 9018, Federal Rules of Bankruptcy Procedure, provides the
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WHEREFORE, Alan L. Goldberg, Trustee, respectfully requests that the Court enter an
Order authorizing the filing of the Trustee's Ex Parte Application Under Seal to Retain Juval Aviv
and Interfor, Inc. to Perform Investigative Services Nunc Pro Tunc to January 20, 2000 under seal,
and that such employment for professional services to the estate and terms of compensation be
approved, and future fee applications and Orders related thereto be under seal, and for such other and
Respectfully submitted,
By:
Paul Steven german
YA" frry
Florida Bar No. 378860
James H. Fierberg
Florida Bar No. 0050970
'Alternatively, the Court can grant the relief requested herein based on 11 U.S.C. § 105(a)
which authorizes the issuance of any orders necessary or appropriate to enforce the provisions of
Title 11. Applied here, authorizing the filing of this Motion under seal will help the Trustee comply
with his statutory duties under Title 11, including the duties to collect and reduce to money property
of the estate and investigate the acts, conduct, assets, liabilities and financial background of the
Debtor. See 11 U.S.C. §§ 704(1) and (4).
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I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for
the Southern District of Florida and I am in compliance with the additional qualifications to practice
I
By: ma 1 1..A
Pau Steve! Singerm
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FILED
ECEIVED
In re:
Case No. 97-14687-BKC-AJC
STEPHAN JAY LAWRENCE, Chapter 7
Debtor.
THIS CAUSE came before the Court in Chambers at Miami, Florida on January/
2000 upon the Trustee's Ex-Parte Motion for Order approving the filing of pleadings under seal in
connection with the Trustee's Ex Parte Application Under Seal to Retain Juval Aviv and Interfor,
Inc. to Perform Investigative Services Nunc Pro Tunc to January 20, 2000, and it appearing to the
Court that the Trustee has shown just cause for the relief requested to file pleadings under seal, and
ORDERED that the Trustee's Ex Parte Motion To File Pleadings Under Seal is GRANTED. A ,Ni. 0
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SO ORDERED, at Miami, Florida in said district on this 7 day of January, 2000.
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BANKRUPTCY JUDGE
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Copies to:
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FILED
Alan L. Goldberg (the "Trustee"), the duly approved and acting trustee for the estate of
Stephan Jay Lawrence (the "Debtor"), by and through his undersigned counsel, and pursuant to 11
U.S.C. § 327, files this Motion for entry of an Order authorizing the employment of Juval Aviv and
Interfor, Inc. (the "Applicant") to perform professional investigative services. In support of this
11 U.S.C. § 327 (a), as a matter under seal so as to protect the estate and its creditors.
2. The basis of the requested retention of Juval Aviv and Interfor, Inc. is to provide
assistance to the Trustee in his efforts to recover property of the estate, namely the res of the 1991
Lawrence Family Inter Vivos Trust, and to prevent further dissipation of that property to the
detriment of the estate. The Trustee seeks to proceed with a high level of security and confidentiality
in respect of the investigation and recovery of assets of this estate. Interfor, Inc. is a private
investigation firm offering specialized international intelligence and security services. The Trustee
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Co'
Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340
has determined upon a thorough review of the Applicant's qualifications that the Applicant has
substantial expertise and experience necessary to provide such international investigative services
under the unique circumstances presented in this case to facilitate the process of locating and
recovering the assets of the offshore Trust which continue to be maintained and controlled by the
Debtor. A copy of a summary of the professional qualifications and background of Juval Aviv and
3. The Applicant does not hold or represent any interest adverse to the estate.
4. The Trustee believes that the employment of the Applicant is in the best interest of
the estate to assist the Trustee in compliance with his statutory duties under Title 11, including the
duties to collect and reduce to money property of the estate, and investigate the acts, conduct, assets,
liabilities and financial background of the Debtor. See 11 U.S.C. §§ 704(1) and (4).
5. Attached to this Motion is the Applicant's affidavit demonstrating that the Applicant
is disinterested, as required by Section 327(a) of the Bankruptcy Code, and a verified statement as
6. The Trustee undertakes the responsibility to submit future applications for payment
for the services of the Applicant to the Court, in accordance with the following terms: To begin the
investigation in Phase I, the Applicant requires a retainer in the amount of $7,500, based on an
estimated budget for Phase I of $12,000 - $15,000 plus actual expenses. The payment of the
required retainer shall be made by Bear, Stearns & Co., Inc. ("Bear Stearns"), the largest creditor of
the Debtor's estate, pursuant to and in accordance with this Court's July 31, 1998 Order Granting
Trustee 's Motion For Approval of Compensation Arrangement For Counsel To and Experts For the
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provide a written report and recommendations for Phase II, if a Phase II is warranted. A proposed
budget for Phase II will be dependant upon the findings of the investigator in Phase I.
7. In support of the requested retention and argicipated fee applications of the Applicant,
the Trustee will supply the Court with periodic reports with the results of the ongoing investigations
8. Bear Stearns supports the Trustee's retention of Mr. Aviv and Interfor, Inc. and the
WHEREFORE, Alan L. Goldberg, Trustee, respectfully requests that the Court enter an
Order in substantially the form of the Order annexed hereto as Exhibit "B", authorizing the retention
of Juval Aviv and Interfor, Inc. Nunc Pro Tunc to January 20, 2000 for the purpose of performing
investigative services in this case, and for such other and further relief as the Court deems just and
proper.
Respectfully submitted,
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I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for
the Southern District of Florida and I am in compliance with the additional qualifications to practice
By:
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BIOGRAPHY
Juval Aviv, 50, is the founder and President of Interfor, Inc., a leader in corporate intelligence
worldwide. Interfor works with U.S. and foreign law firms, major banks, insurers and governmental
agencies and provides:
• Asset searching services in both the U.S. and internationally in cases involving large debts
or where assets are hidden offshore and in bank secrecy jurisdictions to avoid judgment
creditors;
• Due diligence background intelligence on individuals and corporations for joint ventures,
mergers and other business combinations;
• Fact finding litigation support services for white collar crime litigation;
Interfor was the lead investigator for Pan Am Airways into the Pan Am 103-Lockerbie bombing.
Aviv is a leading authority on terrorist networks and their inner workings. He has often lectured
to official and business groups on asset searching, libel investigation, conducting due diligence
before entering business ventures with new or unknown parties, executive protection, and
terrorism.
Aviv, Major, retired, served in the Israel Defense Force, leading an elite Commando/Intelligence
Unit and was selected by the Israel Secret Service (Mossad) to participate in a number of
intelligence and special operations in many countries in the late 1960s and 1970s. In 1984 a
true account of one mission was published entitled Vengeance and was available in 27 countries.
The book became a best seller and was later made into an award-winning film, Sword of Gideon,
which was broadcast in North America on HBO and in other countries.
EXHIBIT
IILED BY
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION r7 U: I8
Debtor.
JUVAL AVIV, being duly sworn under oath, deposes and says:
firm. offering specialized international intelligence and security services. The Applicant maintains
offices for its international investigative services at 575 Madison Avenue, Suite 1006, New York,
N.Y. 10022. I am familiar with the matters set forth herein and make this affidavit in support of the
Trustee's Ex Parte Application Under Seal to Retain Juval Aviv and Interfor, Inc. to Perform
Investigative Services Nunc Pro Tune to January 20, 2000 (the "Application").
i. To the best ofmy knowledge, neither I nor Interfor, Inc_ represent any
interest adverse to the Debtor or the Debtor's estate in connection with this case. To the best of my
knowledge, I and Interfor, Inc. are disinterested persons as required by 11 U.S.C. § 327(a). Neither
I nor the Interfor, Inc., nor any of its officers or directors have any connection to the Debtor, the
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ii. The Applicant is duly licensed in the State of New York and bonded
as a private investigator. True copies of said license and bond are attached hereto.
services on behalf of any other entity in connection with this case, and neither I nor Interfor, Inc. will
accept any fee from any other party or parties in this case, except Bear, Stearns & Co., as provided
in and pursuant to the July 31, 1998 Order Granting Trustee's. Motion For Approval of
Compensation Arrangement For Counsel To and Experts For the Trustee and Bankruptcy Rule
iv. I have read the Application of the Trustee regarding the retention and
compensation of the Applicant and agree to be bound by the terms and conditions represented
therein.
v. I further understan d that the Court, in its discretion, may alter the terms
By:
JUVAL AVIV, President of Interfor, Inc.
My Commission Expires:
ALAN L. BAIN
Notary Public, State of New York
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1/26f2Ocialified N ew un apo -2.-
Commission Expires
Debtor.
THIS CAUSE came before the Court upon the Trustee's Ex Parte Application Under Seal
to Retain Juval Aviv and Interfor, Inc. to Perform Investigative Services Nunc Pro Tune to January
20, 2000 (the "Application"). Upon the representations that Juval Aviv and Interfor, Inc. (the
"Investigator") hold no interest adverse to the estate in the matters upon which they are engaged, and
that their employment as professional investigator is necessary and would be in the best interests of
the estate, it is
ORDERED as follows:
2. The Trustee, Alan L. Goldberg, is authorized to employ Juval Aviv and Interfor, Inc.
to perform professional investigative services in this case, with payment of a retainer in the amount
of $7,500, and an estimated budget for Phase I of the investigation of $12,000 - $15,000 plus actual
expenses, with the payment of the retainer to be made by Bear, Stearns & Co., Inc., the largest creditor
of the Debtor's estate, pursuant to and in accordance with this Court's July 31, 1998 Order Granting
Trustee's Motion For Approval of Compensation Arrangement For Counsel to and Experts for the
Trustee and Bankruptcy Rule 2014 Disclosures, subject to the approval of the Applicant's fee
application by this Court, pursuant to 11 U.S.C. §§ 327 and 330. Upon completion of Phase I, the
Investigator shall provide a written report and recommendations for Phase II, if a Phase II of the
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investigation is warranted. A proposed budget for Phase H will be dependant upon the findings of the
Investigator in Phase I.
3. In support of the retention and anticipated fee applications of the Juval Aviv and
Interfor, Inc., the Trustee shall supply the Court with periodic reports with the results of the ongoing
investigations conducted by Juval Aviv and Interfor, Inc. as Investigator in this case.
DONE and ORDERED in the Southern District of Florida this 2 7day of January, 2000.
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