NAME SEARCHED: Erika Kellerhals

NAME SEARCHED: Erika Kellerhals PWM BIS-RESEARCH performed due diligence research in accordance with the standards set by AML Compliance for your business. We completed thorough searches on your subject name(s) in the required databases and have attached the search results under the correct heading below. Significant negative media results may require escalation to senior business, Legal and Compliance management. Also, all accounts involving PEPs must be escalated. Search: Result: Click here for results: Revitmer Comments (as necessary): RU0 El No Hit O Not Required O Ilia t. RDC Results No RDC Alert(please see attached) PCR Egi No Hit • Not Required II. PCR Results No PCR Alen(please see attached) O Hit Ms III. Negai is c Nleclia No Information Found O Yes 0 No Not Required . IV. Non-Ncimi i% c \ I eska No Information Found . V. Other Language media No Information Found D&B ' Not required Results? • Yes M 0 Not Required Smartlinx VII. Smattlinx Result found(please see attached) Residte !Ts Yes O No • Not Required Court Cases ii: Review by Legal May VIII. Court Cases Result found(please see attached) he Required El No Results O Search not required Prepared by: Shreya parashar Date: 07/11/2017 Research Analyst Instructions: I. Review and confirm that all results arc returned for your client. 2. Please note that you are still required to perform any Martindale -Hubbell search (if applicable) on each search subject. We have attached the web link below for your convenience:filartindale-Hubbellhttp://www.martindak.comhp/Nlartindalelhome.xml 3. As needed. provide comment for any negative results. 4. If applicable, please obtain clearance from Compliance for all alerts. 5. Save any changes you make to this document and attach file to your KYC. Please note: Submission of a signed KYC is your confinnation that you hive fully reviewed the research documents. For internal use only S0NY_BM_00059957 CONFIDENTIAL — PURSUANT TO FED R. CRIM. P. 6(e) CONFIDENTIAL DB-SDNY-0022781 EFTA_00170501 EFTA01297082 Page 2 OFAC RESULTS RDC: No.. ,. Match GCIS a c. „,,.UNITED Date of 11604604 Birth• Found 00000499664 Erika Kellerhals STATES I PCR: C20170738204806 Erika Kellerhals 12998482 NCA customised Auto-Closed No-Hit 12/07/2017 BIS RESULTS: Negative Media: No Information Found Non-Negative Media: No Information Found Other Language Media: No Information Found Public Record: 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2017 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Date:7/11/2017 Report processed by: DEUTSCHE BANK AGII Full Name Address County Phone KELLERHALS, ER IIKA A RICHMOND STATEN ISLAND, NY RICHMOND COUNTY ADDITIONAL PERSONAL INFORMATION SSN DOB MXXXX (Age 42) Subject Summary Gender For internal use only LexID(sm) 001368644215 SDNY_GM_00059958 CONFIDENTIAL - PURSUANT TO FED. R.QQN(FIDENTIAL DB-SDNY-0022782 EFTA 00170502 EFTA01297083 Page 2 Name Variations 1: KELLERHALES, ERICKA A 2: KELLERHALLS. ERIKA A 3: KELLERHALS, E A 4: KELLERHALS. ERIKA 5: KELLERHALS. ERIKA A SSNs Summary No. SSN State Iss. Date Iss. Warnings Most frequent SSN attributed to subject: 1 -XXXX New York Possible E-Mail Addresses Others Using SSN - 2 records found # Full Name SSN DOB 1 KELLERHALS. ENER >0OO( 11 YOUNG. MICHAEL S XXXX Address Summary - 14 records found No. 1 STATEN ISLAND. NY RICHMOND COUNTY 2: 9053 SUGAR EST STE 101 ST THOMAS. VI 00802-3653 ST. THOMAS COUNTY 3: JUPITER. FL PALM BEACH COUNTY 4: 9053 ESTATE THOMAS APT 101 ST THOMAS. VI 00802 ST. THOMAS COUNTY I Social Services Facility 5: 9100 PORT OF SALE MALL STE 15 ST THOMAS, VI 00802-3602 ST. THOMAS COUNTY 6: 9053 ESTATE THOMAS STE 10 ST THOMAS. VI 00802 ST. THOMAS COUNTY 7: PO BOX 608 ST THOMAS, VI a ST. THOMAS COUNTY 8: PO BOX 6347 ST THOMAS. VI =6347 ST. THOMAS COUNTY 9: 9100 PORT OF SALE MALL STE 2 ST THOMAS. VI 00802-3602 For internal use only SDNY_GM_000 59959 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022783 EFTA_00 I 70503 EFTA01297084 Page 3 No. Address ST. THOMAS COUNTY 10: 12: 13: 14: BROOKLYN. NY KINGS COUNTY BROOKLYN. NY KINGS COUNTY BROOKLYN, NY KINGS COUNTY STATEN ISLAND, NY RICHMOND COUNTY STATEN ISLAND, NY RICHMOND COUNTY Adtdarli m STATEN ISLAND, NY Address Dates 2/1994 - 4/2017 STATEN ISLAND. NY RICHMOND COUNTY Census Data for Geographical Region Median Head of Household Age' 47 Median Income: $82,353 Median Home Value: $584,337 Median Education: 14 years Household Members DAHLING. MELISSA A KELLERHALS, EDWARD KELLERHALS, EDWARD A KELLERHALS. ENER KELLERHALS. KATHLEEN M Other Associates HANRATTY, THOMAS E 2: 9053 SUGAR EST STE 101 ST THOMAS, VI 00802-3653 Address Dates Phone 9053 SUGAR EST STE 101 6/2017 -6/2017 ST THOMAS. VI 00802.3653 ST. THOMAS COUNTY Household Members None Listed Other Associates None Listed 3: JUPITER. FL PALM BEACH COUNTY Census Data for Geographical Region JUPITER, FL For internal use only Dates Phone 4/2017 - 5/2017 SDNY_GM_00059960 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0022784 EFTA_00170504 EFTA01297085 Page 4 Median Head of Household Age: 63 Median Income: $126:306 Median Home Value: $728,954 Median Education: 16 years Household Members None Listed Other Associates None Listed 4: 9053 ESTATE THOMAS APT 101 ST THOMAS, VI 00802 Address Dates Phone 9053 ESTATE THOMAS APT 101 6/2016 - 10/2016 ST THOMAS, VI 00802 ST. THOMAS COUNTY Household Members None Listed Other Associates None Listed 5: 9100 PORT OF SALE MALL STE 15 ST THOMAS, VI 00802-3602 Address Dates Phone 9100 PORT OF SALE MALL STE 15 12/2003 - 6/2016 ST THOMAS, VI 00802-3602 ST. THOMAS COUNTY Household Members None Listed Other Associates BETZ, SHAUNA L 6: 9053 ESTATE THOMAS STE 10 ST THOMAS, VI 00802 Address Dates 9053 ESTATE THOMAS STE 10 5/2016 - 5/2016 ST THOMAS, VI 00802 ST. THOMAS COUNTY Household Members None Listed Other Associates None Listed Phone 7: PO BOX 608 ST THOMAS, VI Address Dates Phone PO BOX 608 3/2004 - 11/2015 ST THOMAS. VI ST THOMAS COUNTY Household Members KELLERHALS, EDWARD A Other Associates FERGUSON, GREG J 8: PO BOX 6347 ST THOMAS, VI =4347 Address Dates Phone PO BOX 6347 3/2004 - 4/2009 ST THOMAS. VI =-6347 ST. THOMAS COUNTY Household Members KELLERHALS. EDWARD A Other Associates FERGUSON. GREG J For internal use only SDNY_GM_00059961 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022785 EFTA_00 170505 EFTA01297086 Page 5 9: 9100 PORT OF SALE MALL STE 2 ST THOMAS, VI 00802-3602 Address Dates Phone 9100 PORT OF SALE MALL STE 2 7/2003 - 6,2004 ST THOMAS. VI 00802-3602 ST. THOMAS COUNTY Household Members KELLERHALS. EDWARD A Other Associates None Listed 10: BROOKLYN, NY KINGS COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $127,273 Median Home Value: $741,587 Median Education: 18 years Household Members None Listed Other Associates None Listed BROOKLYN, NY 11: BROOKLYN, NY KINGS COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $127,273 Median Home Value: $741,587 Median Education: 18 years Household Members None Listed Other Associates None Listed BROOKLYN, NY 12: BROOKLYN. NY KINGS COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $127,273 Median Home Value: $741,587 Median Education: 18 years Household Members KELLERHALS. KATHLEEN M BROOKLYN, NY Other Associates None Listed 13: STATEN ISLAND, NY STATEN ISLAND, NY For internal use only Dates Phone 11/1997 - 11/1997 Dates Phone 10/1997 - 11/1997 Dates Phone 2/1994 - 10/1997 Dates 2/1994 - 2/1994 Phone SDNY_GM_00059962 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022786 EFTA_00 170506 EFTA01297087 Page 6 RICHMOND COUNTY Census Data for Geographical Region Median Head of Household Age. 47 Median Income: $74,028 Median Home Value: $483.978 Median Education: 13 years Household Members None Listed Other Associates None Listed 14: STATEN ISLAND, NY Address Dates Phone 2/1994 - 2/1994 STATEN ISLAND. NY RICHMOND COUNTY Census Data for Geographical Region Median Head of Household Age: 42 Median Income: $95,399 Median Home Value: $462,729 Median Education: 13 years Household Members None Listed Other Associates None Listed Voter Registrations -1 records found 1: New York Voter Registration Registrant Information Name: KELLERHALS, ERIKA A Residential Address: STATEN ISLAND, NY OND COUNTY SSN: X Date of Birth: Gender: Female Voter Information Last Vote Date: 2002 Party Affiliation: DEMOCRAT Active Status: ACTIVE Driver Licenses - 0 records found Professional Licenses - 0 records found Health Care Providers - 0 records found Health Care Sanctions - 0 records found Pilot Licenses - 0 records found Sport Licenses - 0 records found Real Property - 0 records found Motor Vehicle Registrations - 4 records found 1: FL MVR Registrant Information Registrant: KELLERHALS, ERIKA A DOB: Address: JUPITER, FL PALM BEACH COUNTY For internal use only SDNY_GM_00059963 CONFIDENTIAL - PURSUANT TO FED. R.QQN(FIDENTIAL DB-SDNY-0022787 EFTA_00 170507 EFTA01297088 Page 7 Original Registration Date: Registration Date: Registration Expiration Date: Decal Number: VIN: Class: Model Year: Make: Model: Series: Body Style: Color: License Plate Type: License Plate Number: Plate State: Data Source: 2: FL MVR nformation VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2017 Make: Toyota Model: 4Runner Series: SR5/LIMITED/SR5 P Body Style: 4 Dr Wagon Sport Utility Color: White Owner Information Name: KELLERHALS. ERIKA A Registration Information 4/17/2017 4/17/2017 10/13/2017 20117043 Vehicle Information PASSENGER CAR/LIGHT TRUCK 2017 Toyota 4Runner SR5/LIMITED/SR5 P 4 Dr Wagon Sport Utility white Plate Information FL FL Source Information GOVERNMENTAL DOB: Address: JUPITER, FL PALM BEACH COUNTY Lienholder Information Name: USAA FEDERAL SAVINGS BANK Address: PO BOX 25145 LEHIGH VALLEY. PA 18002-5145 NORTHAMPTON COUNTY Title Information Title Number: Title Transfer Date: Title Issue Date: Data Source: 3: NY MVR 4/17/2017 5/5/2017 Source Information GOVERNMENTAL Registrant Information Registrant: KELLERHALS. ERIKA A DOB: Address: STATEN ISLAND. NY RICHMOND COUNTY Registration Information Original Registration Date: 1/30/2002 Registration Date: 1/30/2002 Registration Expiration Date: 1/29/2004 For internal use only SDNY_GM_00059964 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0022788 EFTA_00 I 70508 EFTA01297089 Page 8 Vehicle Information 4: NY MVR VIN: Class: Model Year: Make: Model: Series: Body Style: Weight: License Plate Type: License Plate Number: Plate State: Data Source: PASSENGER CAR/LIGHT TRUCK 2002 Volkswagen Passat as Sedan 4 Door 3196 Plate Information Pri NY Source Information GOVERNMENTAL Vehicle Information VIN: Class: PASSENGER CAR/LIGHT TRUCK Model Year: 2002 Make: Volkswagen Model: Passat Series: as Body Style: Sedan 4 Door Weight: 3196 Owner Information Name: KELLERHALS, ERIKA A DOB: Address: STATEN ISLAND, NY RICHMOND COUNTY Lienholder Information Name: CHASE MANHATTAN BANKUSA NA Address: PO BOX 5210 NEW HYDE PARK, NY 11042-5210 NASSAU COUNTY Title Information Title Transfer Date: 3/6/2002 Title Issue Date: 3/6/2002 Source Information Data Source: GOVERNMENTAL Boats - 0 records found Aircraft - 0 records found Bankruptcy Information - 0 records found Judgments/Liens - 0 records found UCC Liens - 0 records found Fictitious Businesses - 0 records found Notice Of Defaults - 0 records found Potential Relatives - 10 records found 1st Degree: 6. 2nd Degree: 4 No. Full Name 1. KELLERHALS, ENER SON.ISCOCX DOB: (Age: 42) Address/Phone BROOKLYN, NY STATEN ISLAND, NY For internal use only SDNY_GM_00059965 CONFIDENTIAL - PURSUANT TO FED. R.QQN(FIDENTIAL DB-SONY-0022789 EFTA_00 I 70509 EFTA01297090 Page 9 No. Full Name 2. KELLERHALS, EDWARD A • AKA RELLERMALS, EDWARD A • AKA KELLERNALS, EDW SSN:EXXXX DOB: (Age: 72) 3. KELLERHALS, KATHLEEN M • AKA KELLERHAL, KATHLEEN M • AKA KELLERHALS, KATHLEEN • AKA KELLERHALS, K M • AKA KELLERHALS, KATHEEN • AKA KELLERBALS. KATHLEEN M • AKA KELLERHALS, KATHLEEN M SSN:EXXXX DOB: (Age: 68) 4. KELLERHALS, EDWARD 5. DAHLING. ROBERT J SSN:EXXXX DOB: (Age: 46) 5.A. DAHLING. PATRICIA M • AKA DAHLING. P SSN:MXXXX MN° NY NY PO BOX 608 ST THOMAS. VI 00804-0608 PO BOX 6347 ST THOMAS. VI 00804-6347 9100 PORT OF SALE MALL STE 2 ST THOMAS, VI 00802-3602 NY D. NY BROOKLYN, NY BROOKLYN, NY STATE D, NY WEST ISLIP, NY STAT N IS AND, NY STATEN ISLAND. NY PO BOX STATEN ISLAND, NY TA N For internal use only D. NY NY SDNY_GM_000 59966 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022790 EFTA_00 1 705 10 EFTA01297091 Page 10 No. Full Narne DOB: (Age: 74) 5.B. DAHLING. MICHAEL A • AKA DAHLIG, MICHAEL SSN:EXXXX DOB: (Age: 43) S.C. MAYFIELD, JESSICA E Address/Phone NY STATEN ISLAND, NY PHOENIX, AZ GOODYEAR, AZ TEMPE, AZ CHANDLER, AZ NY PHOENIX, AZ • AKA, DAHLING. JESSICA A • AKA MAYFIELD, JESSIE • AKA MAYFIELD, JESSI PHOENIX AZ • AKA MORRIS. JESSICA • AKA BUCCOLA. JESSIE SAN DIEGO. CA SSMIXXX DOB: (Age: 39) Sae AZ 6. DAHLING, MELISSA A NY • AKA KELLERHALS, MELISSA A SSN:liaXXX DOB: STATEN ISLAND, NY (Age: 45) D. NY NY 6.A. DAHLING, ROBERT J D, NY SSN:EIXXX DOB: (Age: 76) For internal use only SDNY_GM_00059967 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022791 EFTA_00 I 705 I I EFTA01297092 Page I I No. Full Name Address/Phone STATEN ISLAND, NY STATEN ISLAND. NY Business Associates -1 records found 1: KELLERHALS FERGUSON FLETCHER KROBLIN PLLC Name: KELLERHALS, ERIKA A Address: 501 E KENNEDY BLVD STE 802 TAMPA, FL 33602-5201 Status: INACTIVE State: FL Corporation Number: M13000002984 Descriptive Status: INACTIVE Title: MEMBER MANAGER Record Type: CURRENT Record Date: 12/5/2016 Filing Date: 1/6/2014 Person Associates - 7 records found No. Full Name Address SSN 1: BETZ, SHAUNA L 6501 RED HOOK PLZ STE 1=-XXXX 201 ST THOMAS, VI 00802- 1373 9100 PORT OF SALE MALL STE 15 ST THOMAS. VI 00802- 3602 5600 ROYAL DANE MALL STE 51 ST THOMAS. VI 00802- 6410 DENVER, CO DENVER. CO 2: FERGUSON, GREG J 9100 PORT OF SALE FERGUSON. GREGORY J MALL STE 15 ST THOMAS, VI 00802- 3602 PO BOX lirMAS. VI PO BOX 608 ST THOMAS, VI 00804- 0608 PO BOX 6347 For internal use only Phone DOB SDNY_GM_00059968 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022792 EFTA_00 I 705 I 2 EFTA01297093 Page 12 No. Full Name 3: HANRATTY, THOMAS E 4: ROBINSON, KELLY M TRAYNOR, KELLY 5: TRAYNOR, CARA ROBINSON. CARA Address ST THOMAS, VI 00804- 6347 MESA. AZ AND, NY STATEN ISLAND. NY iliallAND, NY 9100 PORT OF SALE MALL STE 22 ST THOMAS. VI 00802- 3602 9100 PORT OF SALE MALL STE 15 ST THOMAS. VI 00802- 3602 ST THOMAS, VI TSOMAS, VI ST THOMAS. VI SSN 1=-)(xxx 9100 PORT OF SALE MXXXX MALL STE 22 ST THOMAS, VI 00802- 3602 9100 PORT OF SALE MALL STE 15 ST THOMAS, VI 00802- 3602 11-1OMAS. VI "TOMAS. VI For internal use only Phone DOB SDNY_GM_00059969 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022793 EFTA_001705B EFTA01297094 Page 13 No. Full Name 6: GEARY. BRETT A A 7: THOMAS. WILLIAM AVERY Address SSN Phone DOB ST THOMAS, VI 9053 ESTATE THOMAS APT 101 CHARLOTTE AMALIE. VI 00802 9100 PORT OF SALE MALL STE 22 ST THOMAS. VI 00802- 3602 DUMFRIES, VA I= 9100 PORT OF SALE MALL STE 15 ST THOMAS. VI 00802- 3602 PO BOX iiiHOMAS. VI XXXX 10/1984 DALLAS. TX NORMAN. OK APT 2 NORMAN, OK 1SWATER, OK 9100 PORT OF SALE MALL STE 15 ST THOMAS, VI 00802- 3602 Nei hbors - 10 records found STATEN ISLAND, NY Name dress CAHILL, JAMES BRIAN CARDO, ERICA STATEN ISLAND, NY BURKE, MATTHEW L JR STATEN ISLAND. ASSENZA. CHRISTOPHER M ASSENZA, MICHAEL P STATEN ISLAND. NY CATALFUMO, ANA M CATALFUMO. MICHAEL J For internal use only Phone SDNY_GM_00069970 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0022794 EFTA_00I 705 I4 EFTA01297095 Page 14 CIRIGLIANO. SUZANNE GUIRACOCHA, JULIO CESAR GUIRACOCHA, CARLOS A MIRO, FRANK AGUSTIN PACCIONE, PAMELA J r4 A7AROV, MICHELLE J KRUSE. ADAM M KRUSE. BRANDON G KRUSE, DONNA V KRUSE, JOHN J KRUSE, VICTORIA M PRIOLO. ANNMARIE R CUSACK, CHRISTOPH J CUSACK, MARIE E MCMILLAN, MAUREEN A MCMILLAN, ROBERT W MCMILLAN, ROBERT M STATEN ISLAND. N..= STATEN ISLAND, NY STATEN ISLAND, NY STATEN ISLAND. NY STATEN ISLAND. NY STATEN ISLAND. STATEN ISLAND. NY Employment Locator -15 records found 1: 2: 3: 4: Company Name: GRATITUDE AMERICA LTD Name: KELLERHALS, ERIKA Address: 9053 ESTATE THOMAS SUITE 101 MAS, VI 00802 SSN: 111XXXX Confidence: High Company Name: KELLERHALS FERGUSON FLETCHER KROBLIN PLLC Name: KELLERHALS, ERIKA A Title: mamagR MANAGER SSN: XXXX Confidence: Medium Company Name: THERAPY ASSOCIATION AND DISABILITIES ADVOCATES INC Name: KELLERHALS. ERIKAA Address: PO BOX 6016 latMAS. VI 00804-6016 SSN: XXXX Confidence: High Company Name: THE MAHOGANY RUN HOME OWNERS ASSOCIATION Name: KELLERHALS. ERIKAA Title: VICE PRESIDENT AND DIRECTOR For internal use only SDNY_GM_000599n CONFIDENTIAL - PURSUANT TO FED. R.CONEIDENTIAL DB-SONY-0022795 EFTA_00I 70515 EFTA01297096 Page IS Address: 6501 RED HOOK PLZ STE 201 ST THOMAS, VI 00802-1373 5: 6: 7: 8: 9: 10: 11: SSN: Phone: Confidence: Medium Company Name: PATIENT ASSIST VI Name: KELLERHALS. ERIKA A Address: 9100 PORT OF SALE MALL STE 15 .11HDMAS. VI 00802-3602 SSN: XXXX Confidence: High Company Name: VISF Name: KELLERHALS, ERIKA A Title: VICE PRESIDENT Address: PO BOX 1605 KINGSHILL. VI 00851-1605 SSN: MO( Phone: Confidence: Medium Company Name: KELLERHALS P.0 Name: KELLERHALS, ERIKA A Title: PARTNER Address: PO BOX 608 T THOMAS. VI 00804-0608 SSN: XXXX Phone: Confidence: Medium Company Name: THERAPY ASSOCIATION AND DISABILITIES ADVOCATES INC Name: KELLERHALS, ERIKA A Address: PO BOX 608 MAS, VI 00804-0608 SSN: XXXX Confidence: High Company Name: ERIKA A. KELLERHALS P.0 Name: KELLERHALS, ERIKA A Address: PO BOX 608 MAS, VI 00804-0608 SSN: Phone: Confidence: Medium Company Name: ERIKA A. KELLERHALS P.0 Name: KELLERHALS. ERIKA Title: Address: SSN: Phone: Confidence: Company Name: Name: Medium PRESIDENT PO BOX 608 OMAS. VI 00804-0608 MARJORIE RAWLS ROBERTS P.0 KELLERHALS, ERIKA A For internal use only SDNY_GM_00059972 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0022796 EFTA_00I 705 I 6 EFTA01297097 Page 16 12: 13: 14: 15: Title: ATTORNEY Address: PO BOX 6347 OMAS. VI 00804-6347 SSN: Phone: Confidence: Medium Company Name: ROBERTS, MARJORIE RAWLS Name: KELLERHALS, ERIKA A Title: ASSOCIATE Address: PO BOX 6347 T THOMAS, VI 00804-6347 SSN: Phone: Confidence: High Company Name: THE LALTJ LIMITED PARTNERSHIP Name: KELLERHALS, ERIKA MS Title: CONTACT Address: 17 STATE ST NEW YORK, NY 10004-1501 SSN: =-XXXX Confidence: High Company Name: ERIKA A. KELLERHALS, P.C. Name: KELLERHALS, ERIKAA Title: SSN: XXXX Phone: Confidence: High Company Name: MARJORIE BAWLS ROBERTS P.0 Name: KELLERHALS, ERIKAA Address: PO BOX 6347 OMAS, VI 00804-6347 SSN: Phone: Confidence: Medium Criminal Filings - 0 records found Cellular & Alternate Phones -1 records found 1: Personal Information Name: KELLERHALS, ERIKA Address: NY Phone Number: Phone Type: Mobile Carrier Information Carrier: NEW CINGULAR WRLS GA Carrier City: CHARLOTTE AMALIE (SAINT T Carrier State: VI Sources - 48 records found All Sources Corporate Affiliations Email addresses Historical Person Locator For internal use only 48 Source Document(s) 1 Source Documents) 7 Source Document(s) 10 Source Document(s) SDNY_GM_00059973 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0022797 EFTA_00170517 EFTA01297098 Page 17 Motor Vehicle Registrations 5 Source Document(s) Person Locator 1 12 Source Document(s) Person Locator 2 4 Source Document(s) Phone 4 Source Document(s) PhonesPlus Records 1 Source Document(s) Utility Locator 3 Source Document(s) Voter Registrations 1 Source Document(s) Key AHigh Risk Indicator. These symbols may prompt you to investigate further. I Moderate Risk Indicator. These symbols may prompt you to investigate further. PAGeneral Information Indicator. These symbols inform you that additional information is provided. VThe most recent telephone listing as reported by the EDA source. Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents. the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your OPPA Permissible Use is: Debt Recovery/Fraud Your GLBA Permissible Use is: Legal Compliance Copyright. 2017 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. D& B: Not required LEGAL RESULTS: Court Cases: JAMES P. CARROLL v. DAWN PROSSER Civil Action No. 08-147 United States District Court for the District of the Virgin Islands, St. Thomas and St. John Division 2012 U.S. Dist. LEXIS 79534 June 6, 2012, Decided June 6, 2012, Filed SUBSEQUENT HISTORY: Affirmed by Prosser v. Carroll (In re Prosser), 2013 U.S. App. LEXIS 15853 (3d Cir. V.I., Aug. 1, 2013) For internal use only SDNY_GM_00059974 CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL DB-SONY-0022798 EFTA_00I705 IS EFTA01297099 Page 18 2012 U.S. Dist. LEXIS 79534, * PRIOR HISTORY: Carroll v. Prosser, 2008 U.S. Dist. LEXIS 54960, 50 V.I. 389 (2008) CORE TERMS: matter of law, insolvency, badge, "actual fraud, transferred, new trial, defraud, actual intent, fraudulent transfers, jury verdict, failed to present, essential element, post-petition, hinder, proven, deliberations, jewelry, transfers of property, failed to prove, citations omitted, instructing, fraudulent, waived, personal bank account, contra-equity, fraudulently. ownership, intent to hinder, direct evidence, unauthorized COUNSEL: fli Bernard C. Pattie, Law Offices of Barnard Pattie P.C., St. Croix, USVI; Fred Stevens, Yann Geron, Fox Rothschild LP, New York, NY; Samuel H. Israel, FoxRothchild LLP, Philadelphia, PA, For James P. Carroll, Plaintiff. Christopher A. Kroblin, Erika Kellerhals P.C., St. Thomas, USVI; Jeffrey B. C. Moorhead, Christiansted, USVI; Mark W. Eckard, Groner & Eckard, P.C., Christiansted, USVI; Norman Anthony Abood, Law Office of Norman A. Abood, Toledo, OH; Robert F. Craig, Robert F. Craig, P.C., Omaha, NE, For Dawn Prosser, Defendant. JUDGES: SANCHEZ, J. OPINION BY: Juan R. Sanchez OPINION MEMORANDUM (June 6. 20121 In this turnover action, James P. Carroll, the Chapter 7 trustee for the bankruptcy estate of non-party Debtor Jeffrey Prosser, seeks to restore to the estate pre-petition fraudulent transfers and post-petition unauthorized transfers made from Debtor Jeffrey Prosser to his wife, Defendant Dawn Prosser. Following trial, the jury returned a verdict in favor of Trustee Carroll and against Prosser. Thereafter, Prosser moved for judgment as a matter of law and, in the alternative, filed a ["2] "protective" motion for a new trial. The Trustee moved for judgment on the jury verdict. 1 By agreement of al parties. this case was tried contemporaneously with the parallel Chapter 11 case. Sten Springs! v. Dawn Prosser. No. 08-146 (D.V.I.) to two separate juries. Although the two juries heard the overlapping evidence in the two cases at the same time as each other. each jury heard a separate opening and closing. each jury was charged independent ,/ of the other, and each jury deliberated separately. In her motion for judgment as a matter of law, Prosser argues Carroll failed to present any evidence that Jeffrey Prosser owned the assets at the time of their transfer. Specifically, Prosser argues the evidence was necessarily insufficient because the jury in the parallel Chapter 11 case, Stan Springel v. Dawn Prosser, No, 08-146 (D.V.I.), found the transfers were made directly from Jeffrey Prosser's company to his wife for fair value and without For internal use only SDNY_GM_00059975 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022799 EFTA_00I 70519 EFTA01297100 Page 19 2012 U.S. Dist. LEXIS 79534, * fraud, indicating Jeffrey Prosser never owned the assets. In addition, Prosser argues Carroll failed to prove Jeffrey Prosser's insolvency at the time of each transfer, an essential element of Carroll's claims, Carroll contends these two issues [*3] have been waived because Prosser failed to raise them in a motion for judgment as a matter of law prior to submission of all the evidence to the jury. Alternatively, Carroll asserts Prosser's arguments fail as a matter of law. Federal Rule of Civil Procedure 50, which was amended in 2006, permits a court to grant judgment as a matter of law "only if, viewing the evidence in the light most favorable to the nonmovant and giving it the advantage of every fair and reasonable inference, there is insufficient evidence from which a jury reasonably could find liability." Price v. Trans Union, L.L. C., No. 09-1332, 2012 U.S. Dist. LEXIS 36176, at *7, [WL], at *2 (E.D. Pa. Mar. 16,2012) (quoting LePage's' Inc. v. 3M, 324 F.3d 141, 145-46 (3d Cir. 2003)). In determining whether to grant this "sparingly invoked remedy," the court must "refrain from weighing the evidence, determining the credibility of witnesses, or substituting [itsj own version of the facts for that of the jury." Marra v. Phila. Nous. Auth., 497 F.3d 286, 300 (3d Cir. 2007) (internal citations and quotation marks omitted). A motion for judgment as a matter of law may "be made at any time before the case is submitted to the jury." FED R. Civ. P. 50(a)(2). raj As long as the motion was raised before the jury received the case, the movant may renew the motion within 28 days after entry of judgment. FED. R. CR/. P. 50(b). However, failure to make a motion for judgment as a matter of law during trial 'Wholly waives the right to mount any post-trial attack on the sufficiency of the evidence." Murphy v. City of Phila. DepY of Recreation, No. 07-4104, 2011 U.S. Dist. LEXIS 94358, at *9, [WL], at *3 n.l (E.D. Pa. Aug. 19, 2011) (citations omitted); see also Jeckell v. Crestwood Area Sch. Dist, No. 04-1135, 2008 U.S. Dist. LEXIS 71380, at *1, [WL), at *2-3 (M.D. Pa. Sept. 18, 2008). Although Prosser made a Rule 50 motion during trial, her argument, as it related to the Chapter 7 case, was only that Trustee Carroll did not adduce proof of actual intent by Jeffrey Prosser to hinder, delay, or defraud his creditors. This is not the same as arguing Trustee Carroll failed to prove Jeffrey Prosser owned the assets he transferred to his wife. In addition, Prosser asserted an insolvency argument, however this argument related only to the solvency of Jeffrey Prosser's company, and not to himself personally. Thus, because Prosser did not raise either of the arguments she seeks to raise herein at trial, they [* 5] are deemed waived. Prosser contends it would he unfair and inequitable to find waiver, as her arguments could not have been raised until the jury in the Chapter 11 case delivered its verdict. Prosser thus contends this Court should view the Chapter 11 jury verdict as newly discovered evidence pursuant to Federal Rule of Civil Procedure 60 (permitting a court to relieve a party from a final judgment for, inter alia, "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b)"). This Court disagrees. The verdict in the parallel Chapter 11 case is entirely irrelevant to the issue of whether Prosser could have raised the arguments made here before the jury's deliberations. Indeed, the Chapter 11 jury's finding was based on evidence submitted prior to that jury's deliberations. If, based on the evidence submitted at trial, the Chapter 11 jury could find For internal use only SDNY_GM_00059976 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SDNY-0022800 EFTA_00I 70520 EFTA01297101 Page 20 2012 U.S. Dist. LEXIS 79534, * the transfers at issue in that ease were made directly from Jeffrey Prosser's company to his wife for fair value and without fraud, so too Prosser could have argued — "at any time" during the course of the trial, and certainly once all the evidence had been submitted [' 6] to the jury -- that Carroll failed to present evidence showing Jeffrey Prosser owned the assets he transferred to his wife, and failed to present evidence showing Jeffrey Prosser's insolvency at the time of each transfer. There is no reason why Prosser had to wait for the jury verdict in the parallel case before raising either of those arguments. Even if this Court were to find Prosser's arguments not waived, however, the motion is denied as a matter of law. Upon review of the evidence submitted to the jury, this Court finds Trustee Carroll submitted sufficient evidence regarding Jeffrey Prosser's ownership of the assets he fraudulently transferred to his wife to support the verdict in this case. In addition, the Court finds Jeffrey Prosser's insolvency at the time of each transfer is not an essential element of Trustee Carroll's claims. Trustee Carroll presented Alan Barbree, a forensic accounting expert, to testify about Jeffrey Prosser's ownership of each of the five categories of assets Carroll sought to recover in his case: (1) cash; (2) jewelry: (3) improvements to the Shoys Estate; (4) furniture; and (5) fine art and antiques. As to the first two categories, Barbee testified that r7] Jeffrey Prosset transferred cash and jewelry to his wife via payments made directly from his personal bank account. Trial Tr. 118:3-120:7, 12.1:7-124:19,125:2-15,129: 8- 130:23,132:2-17,135:11-136:5,136:18-141:16,141:20-142:11, June 7, 2011. These transfers were explained in detail at trial, and supporting documentation was included With Barbree's summary of the transfers, all of which was provided to the jury during its deliberations so it could track the payments. Based on this evidence, the jury could reasonably have concluded Jeffrey Prosser's personal bank account was the point of origin for the cash and jewelry transferred. See id.; see also Trial Exs. 201 - 203, 216. Barbree further testified that the remaining three categories of assets Trustee Carroll sought to recover (improvements to the Shoys mansion, furniture, and art and antiques) were paid for either through Jeffrey Prosser's personal bank account or through a "contra- equity account" set up at Jeffrey Prosser's company for his use. Trial Tr. 143:17-24, 144:20-145:8, 147:3-161:22, June 7, 2011. As stipulated by the parties, payments made through this contra-equity account were "distributions" made solely for the benefit rsj of the shareholder, Jeffrey Prosser, and thus were Prosser's personal funds. Id. at 163. These transfers were also explained in detail at trial, and supporting documentation was again provided to the jury at the time of its deliberations so it could also track these payments. See Trial Exs. 213-215, 217. From this evidence alone, a jury could reasonably conclude the assets paid for through the contra-equity account, as distributions to Jeffrey Prosser, were owned by Jeffrey Prosser, and were in fact transfers from Jeffrey Prosser to his wife. Moreover, Prosser herself tetified these items were gifts from her husband, providing further evidence of her husband's initial ownership. See, e.g., Trial Tr. 224:6-25 (jewelry), June 7, 2011. As a result, this Court finds Trustee Carroll presented sufficient evidence for a jury to conclude Jeffrey Prosser owned the particular assets at issue which he men fraudulently transferred to his wife. Prosser next argues Trustee Carroll failed to present evidence of Jeffrey Prosser's insolvency at the time of each transfer, which Prosser contends was an essential element of each of Carroll's claims. Trustee Carroll asserted three types of claims against [' 9] For internal use only SDNY_GM_00059977 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022801 EFTA_00170521 EFTA01297102 Page 21 2012 U.S. Dist. LEXIS 79534, * Prosser. The first two types of claims were based on "actual fraud," meaning that Trustee Carroll bore the burden of proof to show Jeffrey Prosser made transfers to his wife with "actual intent to hinder, delay, or defraud a creditor." 11 U.S.C. § 548(a)(1)(A) (actual fraud provision); In re Valley Bldg. & Constr. Corp., 435 B.R. 276, 285 (Bankr. E.D. Pa. 2010) (stating actual fraud provisions require the trustee to establish the debtor made payments with actual intent to hinder, delay, or defraud any creditor). Because "individuals are rarely willing to admit intent, actual fraud is rarely proven by direct evidence," In re Pa. Gear Corp., Bankr. No. 02-36436, Adv. Nos. 03-940, 03-942, 2008 WL 2370169, at *9 (Bankr. E.D. Pa. Apr. 22, 2008). Instead, courts consider various factors, or "badges of fraud," in determining whether fraud has been proven by circumstantial evidence. In re Am. Rehab & Physical Therapy, Inc., Bankr. No. 04-14562, Adv. No. 04-847, 2006 Bankr. LEXIS 1440, at *49, [WL], at *15-16 (Bankr. E.D. Pa. May 18, 2006). One such badge of fraud is insolvency of the debtor, but not all badges of fraud need to be shown to prove a claim of actual fraud. In re Valley Bldg. & Constr. Corp., 435 B.R. at 286 [*10] (detailing 11 badges of fraud courts may consider in determining actual intent, not all of which must be proven to support a claim of actual fraud, and noting this list is "non-exhaustive"); In re Fedders N.Am., Inc., 405 B.R. 527, 545 (Bankr. D. Del. 2009) ("The presence or absence of any single badge of fraud is not conclusive." (citation omitted)). Thus, while insolvency of the debtor is a factor that may support a claim for actual fraud, it is not an essential element of such a claim. The third type of claim brought by Trustee Carroll sought to recover unauthorized post-petition transfers from Jeffrey Prosser to his wife, pursuant to 11 U.S.C. §549, which permits a trustee to avoid transfers of property belonging to the estate that occur after the commencement of the case and are not authorized under the Bankruptcy Code or by the Bankruptcy Court. 11 U.S.C. § 549(a); see also In re Pa. Gear Corp., 2008 WL 2370169, at *6. To prevail on this type of claim, a trustee must show that after the commencement of the case at issue, property of the estate was transferred, and the transfer was not approved by the Bankruptcy Court or any provision of the Code. 11 U.S.C. § 549; In re PSA, Inc., 335 B.R. 580, 584-85 (Bankr. D. Del. 2005). rig Insolvency is thus not a required element for this type of claim either. See In re Kennesaw Mint Inc., 32 B.R. 799, 803 (Bankr. N.D. Ga. 1983) ("Section 549(a) does not require the trustee to prove insolvency in order to avoid post-petition transfers."). Moreover, the jury instructions for all three claims brought by Trustee Carroll, which were agreed upon by all parties in this case, are consistent with this law. See Trial Tr. 158-162, June 9, 2011 (instructing jury, as to the first type of fraudulent transfer claim, that "[a]Ithough the intent to hinder, delay, or defraud a creditor is often difficult to prove by direct evidence, certain fact patterns, or badges of fraud, will usually show fraudulent intent. When seeking to avoid a fraudulent transfer on the basis of actual fraud, a trustee must prove a "goodly" number of badges of fraud. No one particular badge of fraud must be proven to demonstrate intent to hinder, delay, or defraud" (and listing various badges of fraud, including insolvency of debtor)); id. at 163 (instructing, as to the second type of fraudulent transfer claim brought by Trustee Carroll pursuant to United States Virgin Islands law, that the jury "must find that [*1 2] transfers were fraudulent if Trustee Carroll has proved that Dawn Prosser received or was the beneficiary of certain transfers of property of Jeffrey Prosser, and each of those transfers was made with the actual intent to hinder, delay, or defraud then present or future creditors"); id at 166 (instructing jury, as to me third type of fraudulent transfer claim brought by Trustee Carroll, that "[i]n order for For internal use only SDNY_GM_00059978 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022802 EFTA_00 170522 EFTA01297103 Page 22 2012 U.S. Dist. LEXIS 79534, * Trustee Carroll to recover from Dawn Prosser[] on Trustee Carroll's post-petition transfer claims based on Section 549 of the Bankruptcy Code, you must find Trustee Carroll has proved the following three elements by a preponderance of the evidence. One, Dawn Prosser received or was the beneficiary of certain transfers of property of Jeffrey Prosser. Two, such transfers were received after the petition date of Jeffrey Prosser. Three, such transfers were not approved by the Bankruptcy Court or authorized by the Bankruptcy Code"). Given that Trustee Carroll did not need to prove insolvency of the Debtor at the time of each transfer, Prosser's argument fails, and based on the entire record before this Court, Prosser's motion for judgment as a matter of law is denied. Alternatively, Prosser r13] argues she is entitled to a new trial pursuant to Federal Rule of Civil Procedure 59(a) because the jury verdict is unsupportable and because judgment should be entered in favor of Prosser. Rule 59 provides, "[t]he court may, on motion, grant anew trial on all or some of the issues ... after a jury trial, for any reason for which a new trial has heretofore been granted in an action in federal court." FED. R. Civ. P. 59(a)(1). Generally, a district court may grant a motion for new trial pursuant to Rule 59 "if it determines that the verdict is inconsistent with substantial justice beeause the verdict is against the weight of the evidence; the damages are excessive; the trial was unfair; or that substantial errors were made in the admission or rejection of evidence or the giving or refusal of instructions." Younis Bros. & Co. v. CIGNA Worldwide Ins. Co., 899 F. Supp. 1385, 1397 (E.D.Pa. 1995) (internal quotation marks omitted) (quoting Ne. Women's Or., Inc. v. McMonagle, 689 F. Supp. 465 (E.D. Pa. 1988), aff'd in relevant part, 868 F.2d 1342 (3d Cir. 1989). The decision to grant a new trial lies within the discretion of the district court, although "such requests are disfavored." State Farm Mut Auto. Ins. Co. v. Lincow, 715 F. Supp. 2d 617, 626 (ED. Pa. 2010) ["14] (internal citations omitted). Prosser argues she is entitled to a new trial for essentially the same reasons advanced in her motion for judgment as a matter of law. Specifically, Prosser argues Trustee Carroll failed to prove Jeffrey Prosser owned the assets he fraudulently transferred to his wife in his individual capacity, and not as an officer of his company, and Trustee Carroll did not prove Jeffrey Prosser was insolvent at the time of each transfer. This motion is therefore denied for the same reasons that Prosser's motion for judgment as a matter of law was denied. An appropriate Order follows. JULITO A. FRANCIS, Petitioner v. DEBRA L. WRIGHT- FRANCIS, Respondent Family No. ST-10-DI-226 Superior Court of the Virgin Islands, Division of St. Thomas and St. John For internal use only SDNY_GM_00059979 CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL DB-SONY-0022803 EFTA_001 70523 EFTA01297104 Page 23 2014 V.I. LEXIS 45, *; 61 V.I. 13, ** 2014 V.I. LEXIS 45; 61 V.I. 13 July 14, 2014, Decided July 14, 2014, Filed CASE SUMMARY: OVERVIEW: HOLDINGS. [1]-When the parties had lived in the marital home for 7 years of their 21-year marriage, the husband's mother occupied an apartment on the property, the wife had the means to secure alternative housing and had not shown the need or desire to remain there. and the husband acquired the property...Lam his mother, the husband was awarded possession under V.I. Code Ann. tit. 33. §IM(d). minus an award to the wife for her interest and contributions: [2]-The wife's medical degree was not marital property under V.I. Code Ann. tit. 16. § 109, as the husband had not been compelled to delay or relinquish his own education or goals, offered no evidence with which to calculate the value of the degree. and himself had an advanced degree: (3J-The husband had not wasted marital assets by withdrawing funds from his annuity. as they were used to pay reasonable and necessary expenses. OUTCOME: The court distributed the parties' marital homestead and personal property. CORE TERMS: marital, homestead, marriage. divorce, dollars. equitable, marital property, personal property, pension, spouse's, career, educational, apartment, retirement accounts, daughter, couple, mortgage, real property, retirement plans, divide, standard of living, ownership, household, jointly, dissolution, retirement, terminated, occupied, earnings, net worth LexisNexis(R) Headnotes Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Equitable Distribution > General Overview Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Partition Civil Procedure > Judicial Officers > Judges > Discretion [HN1) In an action for divorce, the court has the authority to equitably divide joint personal property •eal property, limited to the marital homestead as defined in V.I. Code Ann. tit. 33, § (d). Real property owned by the couple, other than the marital homestead, is divided by way of a civil partition action. When determining the equity of the distribution, the court also has broad discretion to consider the case's most salient facts. The Supreme Court of the Virgin Islands further refined the court's discretion to divide property by eliminating marital fault as a factor in dividing the homestead. The doctrine of equitable distribution is applied to effectuate a fair and just division of the property between the For internal use only SDNY_GM_00059980 CONFIDENTIAL - PURSUANT TO FED. R.QP .NEIDENTIAL DB-SDNY-0022804 EFTA_00I 70524 EFTA01297105 Page 24 2014 V.I. LEXIS 45, *; 61 V.I. 13, ** parties. As its name suggests, equitable distribution does not necessarily mean "equal," only "equitable." Family Law > Marital Duties & Rights > 12toaerty Rights > Homestead Rights [HN2I Pursuant to V.I. Code Ann. tit. 33, §=(a). a homestead is defined as the abode including land and buildings, owned by, and actually occupied by, a person, or by members of his family free of rental charges. Although the Virgin Islands Code does not expressly define a marital homestead, both the United States Court of Appeals for the Third Circuit and the Appellate Division of the United States District Court for the Virgin Islands have interpreted § (a), (c) to hold that a "marital homestead" is any homestead in which a husband and wife both reside during the marriage and that is owned by one or both of the spouses. Civil Procedure > Judicial Officers > Judges > Discretion Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Characterization > Marital Property Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Characterization > Separate Property Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Equitable Distribution > General Overview [HN3I The court may distribute personal property in accordance with V.I. Code Ann. tit. 16, § 109(4). However, the statute does not define marital property. Whether an asset is marital property or separate property for purposes of distribution of the marital estate is a matter reserved to the sound discretion of the trial court. Once these distinctions have been made, the trial judge has broad equitable powers in disposing of marital property. Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Characterization > Marital Property [HN4I Although not specifically defined, marital property has been construed to encompass any property which the couple acquired during the marriage and which is subject to equitable distribution upon divorce. Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Characterization > Marital Property Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Classification > Retirement Benefits > Pensions [HN51 Considering the tremendous statutory examples and case law from other jurisdictions holding pension funds as marital property, the Virgin Islands has determined that a pension fund is marital personal property, subject to claim by the other spouse upon divorce. To the extent earned during the marriage, the pension benefits represent compensation for marital effort and are substitutes for current earnings which would have increased the marital standard of living or would have been converted into other assets divisible at dissolution. Subjecting the benefits to division is just, because in most cases the retirement benefits constitute the most valuable asset the couple has acquired and they both have relied upon their pension payments for security in their older years. For internal use only SDNY_GM_00059981 CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL DB-SONY-0022805 EFTA_00170525 EFTA01297106 Page 25 2014 V.I. LEXIS 45, *; 61 V.I. 13, ** Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Classification > Degrees, Licenses & Enhanced Earnings [HN6I Most states hold that an educational degree is not marital property. Courts have consistently considered whether one spouse had postponed his or her own career and educational goals to support and contribute to the career and educational goals of the other spouse. They also acknowledge the injustice that occurs after a couple collectively works towards the attainment of an advanced educational degree or career goal, the expectation of a higher standard of living in the future can be frustrated by the dissolution of a marriage. Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > Classification > Degrees, Licenses & Enhanced Earnings [HN7I Many states have compared professional degrees to pension or retirement plans when establishing what constitutes marital property. Pension and retirement plans entitle an owner to a definite amount at a certain date, which an individual has a contractual right to receive. Professional degrees rely on uncertain future events and provide only an expectation of enhanced income. The value of a professional degree is speculative and dependent upon the attributes and future choices of its possessor to be fairly valued. Family Law > Marriage > General Overview [HNBI The Virgin Islands has long viewed marriage as a partnership or joint venture, whereby both parties collaborate for a common purpose and contribute toward its success. Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Jurisdiction > General Overview Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution > General Overview [HN9I The court has the authority to divide the personal property in divorce action even after a divorce decree has been issued. The trial court will be required to issue rulings on post-divorce ownership of personal property such as cars, boats, electronics, jewelry, shares of stock, bonds and monies deposited with financial institutions. Civil Procedure > Sanctions > Contempt > Civil Contempt [HN10] A party may be held in civil contempt for failure to comply with a court order if (1) the order the contemnor failed to comply with is clear and unambiguous, (2) the proof of noncompliance is clear and convincing, and (3) the contemnor has not diligently attempted to comply in a reasonable manner. SUMMARY: Division of property in divorce case. The Superior Court, Watlington, J., divided the parties' real and personal property. HEADNOTES VIRGIN ISLANDS OFFICIAL REPORTS HEADNOTES For internal use only CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL SDNY_GM_00059982 DB-SDNY-0022806 EFTA_00I 70526 EFTA01297107 Page 26 2014 V.I. LEXIS 45, *; 61 V.I. 13, ** (Headnotes classified to Virgin Islands Digest] 1. Divorce § 11.50--Division of Property --Power of Court In an action for divorce, the court has the authority to equitably divide joint personal property and real property, limited to the marital homestead. Real property owned by the couple, other than the marital homestead, is divided by way of a civil partition action. When determining the equity of the distribution, the court also has broad discretion to consider the case's most salient facts. The Supreme Court of the Virgin Islands furthe