Gus Redmond Michaels III, Esq.
G. REDMOND MICHAELS, P.C.
900 West Pearl Street, Suite 300
Post Office Box 1845
Boulder, Colorado 80306
(303) 440-3977 (fax)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
ERIC HEPKER and DANA HENDRIX, )
husband and wife, )
) Case No. CV ’03 2047PHX RCB
ROBERT F. ALEXANDER d/b/a )
R&S MARKETING INTERNATIONAL, ) STATUS REPORT
an individual, and DOES 1-5, )
unknown individuals or entities, )
Plaintiffs, Eric Hepker and Dana Hendrix, by and through their counsel Law
Offices of G. Redmond Michaels, P.C. submit the following status report pertaining to
the above captioned litigation:
1. Defendant Robert F. Alexander is currently in federal custody pursuant
to criminal proceedings in 2005-CR-00472 (Arizona District Court). Defendant
Alexander has been in custody since February 2006. In August, Mr. Alexander pled
guilty to wire fraud, conspiracy, and mail fraud as a result of the ponzi scheme that was
the subject matter of this litigation. Mr. Alexander is scheduled to be sentenced on
September 15, 2006.
2. Pursuant to Defendant Alexander’s plea agreement, he is required to pay
$10-15 million dollars in restitution. The United States has instituted and completed
forfeiture proceedings concerning Mr. Alexander’s property.
Case 2:03-cv-02047-RCB Document 13 Filed 09/07/2006 Page 1 of 3
3. Upon information and belief, the bankruptcy proceeding (2004-bk-
05702-GBN) remains ongoing in conjunction to the criminal proceedings. Bankruptcy
trustee Lorthar Goernitz has been working with the entire class of injured investors, the
United States Probation, Office of Restitution and U.S. Attorney’s Office is resolving
the attendant forfeiture, bankruptcy, restitution and criminal proceedings. At some
point, Plaintiffs anticipate that a receiver or trustee will be appointed to resolve all
claims against Mr. Alexander, including Plaintiff’s judgment.
4. Notice of Plaintiff’s counsel’s new address and telephone numbers are as
Gus R. Michaels, Esq.
G. Redmond Michaels, P.C.
900 W. Pearl Street, #300
Boulder, CO 80306
WHEREFORE, Plaintiffs, Eric Hepker and Dana Hendrix, by and through their
counsel G. Redmond Michaels, P.C. provide the following status report.
Respectfully submitted this 6th day of September, 2006.
//e-filed, signature on file at G. Redmond Michaels P.C.//
Gus Redmond Michaels III, CO #28753, NV#7062
G. REDMOND MICHAELS P.C.
PO Box 1845
Boulder, CO 80302
(303) 440-3977 (fax)
Attorney for Plaintiff
Case 2:03-cv-02047-RCB Document 13 Filed 09/07/2006 Page 2 of 3
CERTIFICATE OF SERVICE
I certify that this 6th day of September, 2006, I mailed a photocopy of the above
pleading to the attorneys for the Defendants, as follows:
Robert F. Alexander
R&S Marketing International
8616 E. Larkspur Drive
Scottsdale, AZ 85260
Robert S. Singer, Esq.
LAW OFFICES OF ROBERT S. SINGER
177 North Church Avenue
Tucson, AZ 85701
Michael Levin, Esq.
Levin Grant and Associates
1875 Century Park East, Suite 600
Los Angeles, CA 90067
_//gus r. Michaels//___
Case 2:03-cv-02047-RCB Document 13 Filed 09/07/2006 Page 3 of 3