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FILED BY

$ UNITED- STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF FLORIDA r, 1A1 Vi 27 AMII: 16 MIAMI DIVISION

In re: STEPHAN JAY LAWRENCE, Debtor.

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Case No. 97-14687-BKC-AJC Chapter 7

TRUSTEE'S EX PARTE MOTION FOR 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, AND ORDERING THAT THIS APPLICATION BE MADE, AND THE FACT OF THE APPROVED EMPLOYMENT AND ANY FEE APPLICATION AND ORDERS RELATED THERETO BE MADE AND MAINTAINED UNDER SEAL
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. In support of this Motion, the Trustee states:

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 estate and its creditors.

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Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

2.

The basis of the relief sought to retain 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 (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 continues to be maintained and controlled by the Debtor. 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 of 11 U.S.C. § 107(b)(1)(confidential business information) and Rule 9018, Federal Rules of Bankruptcy Procedure, discussed infra. 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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Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

procedural framework for the Court's powers under 11 U.S.C. § 107 through which it can authorize a party to file papers under seal to protect the estate.' 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 further relief as the Court deems just and proper. DATED: January 212000. Respectfully submitted, BERGER DAVIS & SINGERMAN 200 South Biscayne Blvd., Suite 2950 Miami, Florida 33131 (305) 755-9500 ATTO EYS FOR THE TIUSTEE By:
YA"

Paul Steven german Florida Bar No. 378860 James H. Fierberg Florida Bar No. 0050970

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'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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Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

LOCAL RULE CERTIFICATION 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 in this Court set forth in Local Rule 2090-1(A).

By:

I ma

1 1..A

Pau Steve! Singerm

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Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

US BANKRUPTCY COURT SO. DISTRICT OF FLORIDA

UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF FLORID
FILED

JAN 2 7 2000
ECEIVED

In re: STEPHAN JAY LAWRENCE, Debtor. Case No. 97-14687-BKC-AJC Chapter 7

ORDER GRANTING TRUSTEE'S EX-PARTE MOTION TO FILE PLEADINGS UNDER SEAL

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 the Court being otherwise fully advised in the premises, it is therefore: ORDERED that the Trustee's Ex Parte Motion To File Pleadings Under Seal is GRANTED. A ,Ni. 0 / -0 4 r2 oQ.-) •',,;_ it.. CA:-V-- 11 ,t-' 6 tr•'.2.-,.. i Tv.i.i S•‘.=. k i'.1, z rz 0 (V) fi:/(. A ,,v P I,- k o 11 o rj i 11 1 k SO ORDERED, at Miami, Florida in said district on this 7 day of January, 2000. ,, .C r
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A. JAY CRI TO BANKRUPTCY JUDGE Copies to: • James H. Fierberg, Esq.

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FILED UNITEaSTATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

1.10 V.,!! 27 Ail 11: 17
CLETI. K S. E..,,NKRUPTCY CT. c7 FLA,

In re: STEPHAN JAY LAWRENCE, Debtor. Case No. 97-14687-BKC-AJC Chapter 7

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

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 Motion, the Trustee states: 1. The Trustee seeks to retain the Applicant as a professional investigator, pursuant to

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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Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

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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 Interfor, Inc. is attached hereto as Composite Exhibit "A". 3. 4. The Applicant does not hold or represent any interest adverse to the estate. 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 required under Fed.R.Bankr.P. 2014. 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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2 Berger Davis & Singerman

200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

Trustee and Bankruptcy Rule 2014 Disclosures. Upon completion of Phase I, the investigator will 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 conducted by Juval Aviv and Interfor, Inc. as investigator in this case. 8. Bear Stearns supports the Trustee's retention of Mr. Aviv and Interfor, Inc. and the

relief requested herein. 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. DATED: January
,

2000. Respectfully submitted, BERGER DAVIS & SINGERMAN 200 South Biscayne Blvd., Suite 2950 Miami, Florida 33131 (305) 755-9500 TO EYS FcW. THE TRUSTEE

Paul Steven Singe na Florida Bar No. 378860 James H. Fierberg Florida Bar No. 0050970

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3 Berger Davis & Singerman

200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

LOCAL RULE CERTIFICATION

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 in this Court set forth in Local Rule 2090-1(A).

By:

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Berger Davis & Singerman
200 South Biscayne Boulevard Suite 2950 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.714.4340

INTERFOR,
575

MADISON AVENUE • NEW

YORK, N.Y. 10022 • SUtTE 1006 • TEL 212-60,5-0375 • interfort4;aoi.c. ,:)ro • FAX. 212-605-0118

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; Forensic accounting services on matters involving internal corporate fraud; Grey market and counterfeit product investigations; and Physical security surveys and executive protection.

• • • •

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. Mr. Aviv has an M.A. in Business from Tel Aviv University.

EXHIBIT

IILED BY
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re:

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• :ICI CT. CASE NO. 97-1.4687BI<C4JC

STEPHAN JAY LAWRENCE, Debtor.

AFFIDAVIT OF JUVAL AVIV FOR RETENTION BY THE TRUSTEE FOR THE ESTATE OF STEPHAN JAY LAWRENCE AS PROPOSED PRIVATE INVESTIGATOR

STATE OF NEW YORK ) :ss COUNTY OF NEW YORK ) JUVAL AVIV, being duly sworn under oath, deposes and says: 1. I am the President of Interfor, Inc. (the "Applicant"), a private investigation

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").
2. In support of the Application I disclose the following: 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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Debtor's estate, nor the Trustee (as defined in the Application)_
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. Neither I nor Interfor, Inc. has rendered or will render investigative 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 2014, unless otherwise authorized by the Court.

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

and conditions of employment and compensation as it deems appropriate. FURTHER AFFIANT SAYITH NOT. By:
JUVAL AVIV,

President of Interfor, Inc.

STATE OF NEW YORK )
:SS

COUNTY OF NEW YORK ) The foregoing instrument was acknowledg 2000 by Juval Aviv, as President of Interfor, Inc., w 61
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filt
Notary Public, State of New York My Commission Expires:
29539.1/4864jicriAasii44.79 1/26f2Ocialified N ew Commission Expires
ALAN L. BAIN Notary Public, State of New York

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before me this , day of January, sonally knoycn to me.
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: STEPHAN JAY LAWRENCE Debtor. Case No. 97-14687-BK Chapter 7 Case

ORDER GRANTING 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

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:
1. 2. The Application is granted. 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.

JUDGE A.''JA CRYSTOL United States Bankruptcy Court

Copies furnished to:

C it. James H. Fierberg, Esq.
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