the special fiscal agent after notice to Leone, or the posting or a bond or other security in the amount of $ 1,251,392.
3) The special fiscal agent may direct Sarbello to produce any business or personal records the agent deems necessary to carry out his responsibilities under the orders of January 31, 1992 and April 6, 1992.
4) The special fiscal agent may examine the records of any business in which Sarbello has or has had, within the last two years, an ownership interest or in which Sarbello directly or indirectly holds a position of employment, authority or control. The special fiscal agent may interview any persons affiliated with these businesses.
5) The special fiscal agent may obtain financial records from institutions which in the last two years have held assets in which Sarbello has had an ownership interest. The special fiscal agent must direct counsel for Sarbello to obtain the documents requested, and Sarbello must provide to his counsel any release necessary to obtain those documents.
6) The special fiscal agent may exercise control over the issuance of checks and the deposit or withdrawal of funds from bank accounts and other investments. Sarbello shall permit the special fiscal agent to be designated a necessary cosigner of any document used to effect a transaction involving any financial account.
7) The special fiscal agent may procure from Sarbello any information needed to supplement the statement of assets received by the Court from Michael Sarbello on March 31, 1992, and may order a certified public accounting of Sarbello's assets and liabilities if necessary to ensure the accuracy of periodic updates of Sarbello's financial condition.
8) The special fiscal agent may monitor and control all receipts, and direct their deposit.
9) The special fiscal agent may seek an amendment of the April 6, 1992 order should he deem it necessary to undertake his responsibilities.
10) The special fiscal agent may serve on any party a copy of this order, providing that Leone and Sarbello are first given reasonable time to object.
11) The special fiscal agent shall copy all correspondence to counsel for both parties, and make all documents related to this matter open for inspection to either party. The parties shall serve on each other copies of any correspondence with the agent.
12) The special fiscal agent shall be paid at a rate of $ 200 per hour and his associate shall be paid $95 per hour, the cost to be borne by Sarbello. The agent is to submit monthly bills to Sarbello, who shall pay them within 30 days of receipt.
The special fiscal agent will permit close supervision and oversight, without the unwarranted intrusion or a hobbling of Sarbello's legitimate and reasonable finances that may be caused by receivership. The order entered on April 6, 1992 affords the Court the oversight it requires, provides Leone the protection it deserves, and leaves Sarbello with that amount of control over his finances due someone adjudged liable for a civil racketeering violation who has engaged in the kind of machinations culminating in this appointment.
William G. Bassler, U.S.D.J.
May 18, 1992