SAIF, Inc. and Secured Assets Files Ch. 11 Bankruptcy. On August 20, 2007, Van Dyke & Associates, APLC filed for bankruptcy protection in the United States Bankruptcy Court for the Southern District of California on behalf of the firm's clients SAIF, Inc. and Secured Assets Trust. The firm has established a page specific to SAIF and Secured Assets Trust on this web site and will endeavor to update the web site regularly with information and court documents concerning the progress of SAIF, Inc.'s bankruptcy filing and reorganization plan. For more information click <here> VD&A Prevails on Summary Judgment for Lender Client. August, 2005. Lawyers at Van Dyke & Associates, prevailed on a Motion for Summary Judgment in the United States District Court, Southern District of California, in a Civil RICO action based upon the firm’s argument that Plaintiff’s claims were held by his corporate entity, which was suspended for non-payment of taxes. The court agreed, and dismissed all claims against the firm’s client after Plaintiff was unable to reinstate the corporation to active status. The Plaintiff was later indicted for Federal tax evasion, and awaits trial. VD&A Argues Against Dismissal in Federal Civil RICO Action. January 2007. Lawyers at Van Dyke & Associates together with lawyers at Blumberg Dagan, LLP, of Solana Beach, CA argued recently against dismissal of State and Federal Claims held by the firm’s 40 collective clients in a multi-million dollar Civil RICO action involving a nationally syndicated radio show featuring a sport handicapping enterprise. The action is currently pending in the United States District Court for the Southern District of California, and the firm anxiously awaits a decision later in January 2007. VD&A Appeals Erroneous Legal Verdict to Supreme Court of Nevada. December 2006. Lawyers at Van Dyke & Associates have perfected an appeal to the Supreme Court of Nevada in the matter of Wexler v. Fellows, based upon improper application of District Court’s jurisdiction outside of Nevada, and erroneous application of California Commercial law of Secured Transactions. The firm anticipates a complete reversal of the judgment and expects to obtain a stay of enforcement in California pending appeal.

Our Cases: The firm and/or its attorneys collectively, have more than 25 years of experience representing clients in a wide variety of litigation matters. Though our cases are too numerous to mention in detail, we provide a brief synopsis of several noteworthy and interesting cases below. For a more detailed list of our past accomplishments, or our current engagements, please contact the firm’s managing shareholder.

Wrongful Death – A Residential Care Facility for the Elderly was sued for damages arising out of double fatality carbon monoxide poisoning. Suspected cause of death was a defective water heater. Van Dyke & Associates was retained to defend the facility operators. After extensive pre-trial discovery, Mr. Van Dyke was able to negotiate a settlement of the case for nuisance value. (Guevara v. Village View Residential Care Facility, San Diego Superior Court, Case No. GIN--------).

Quiet Title – A Long Beach Business Man, sued the United State of America and Apollo 11 Astronaut Dr. Buzz Aldrin, to quiet title to a Omega Speedmaster Professional Watch which he believed was formerly worn by Dr. Aldrin on his historic moon landing. The watch, which had been lost by Dr. Aldrin many years before, has been long since sought after by collectors and is believed to be perhaps the most valuable watch in the world. Van Dyke & Associates, APLC represented the Plaintiff.

The case drew international media attention. The firm and its client were interviewed by FOX Television News, Swiss National Television, and several national and local newspapers including the Washington Post and the San Diego Union Tribune. After meeting personally with Smithsonian Air & Space Museum Officials and Dr. Buzz Aldrin, and deposing former NASA officials, the authentication of the watch could not be proven with the requisite degree of certainty. Regrettably, historic documentation relating to the actual watch provided to Dr. Aldrin, which would have allowed for a proper authentication of the Plaintiff’s watch, has been lost by NASA and/or the Smithsonian Institution. Mr. Van Dyke’s comments regarding the custody of our nation’s artifacts can be read at ------------. (Morley v. United States of America, United States District Court, Southern District of California, Case No.---------).

Gaming Law – A Carlsbad Investor sued the operators of a sports handicapping enterprise which broadcast its services nationwide through a nationally syndicated radio show. Through misleading and high pressure sales tactics the client lost more than $2,000,000 in payments to the enterprise. Van Dyke & Associates was retained by the Plaintiff to recover the client’s losses. As a result of the firm’s efforts, the operators of the enterprise were arrested and convicted of Felony violations of the Federal Wire Wager Act and operating a Gambling Establishment.

Though most of the ill-gotten gains of the Enterprise were seized and forfeited to the United States Government, Mr. Van Dyke was able to obtain an early settlement of $1,000,000. The case has gathered national media attention for its impact on the sports handicapping business. The firm has recently co-counseled with the law firm of Blumberg Dagan, LLP to join its client’s un-recovered claims with those of numerous other investor’s claims in a Civil RICO Action currently pending. The case will likely receive certification as a Class Action Lawsuit. (Bronkhurst v. Player’s Edge, Inc., San Diego Superior Court, Case No. GIN-------- and Bruno Alves, et al v. Player Edge, Inc., et al, United States District Court, Southern District of California, Case No. -------).

Investment Fraud – Two Carlsbad area residents sued the local operators of a nationwide investment “Ponzi” type scheme which defrauded thousands of investors out of approximately $250,000,000. The enterprise known as “Wallenbrock & Associates”, was shut down after investigation by the Securities & Exchange Commission (SEC) revealed that investor funds were diverted to the personal use of the proprietors and were used to fund a “Ponzi” type scheme whereby new funds raised were improperly used to pay early investors purported returns of 20% per month. A receiver was appointed to recover investor funds. Ultimately, the proprietors were convicted and sentenced to 20 years confinement in the Federal Bureau of Prisons. Mr. Van Dyke represented the two clients in separate lawsuits. In one of the cases, Mr. Van Dyke perfected a claim with the receiver which was approved in its entirety. In the other, Mr. Van Dyke obtained a judgment for fraud against one of the proprietors, which included an award of punitive damages three times the amount of the client’s investment. (Gormley v. Laughead, San Diego Superior Court, Case No. GIN --------, and Thompson v. Laughead, San Diego Superior Court, Case No. GIN ______).

Aviation – A Fallbrook man sued the builder of an experimental aircraft for breach of contract after the man discovered faulty workmanship and over-billing. (Kanczuzeski v. AirMech, Inc., Riverside Superior Court, Case No. ).