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UNITED STATES OF AMERICA HARDCOPYBefore the SECURITIES AND EXCHANGE COMMISSION

ADMINISTRATIVE PROCEEDING File No. 3-16354

In the Matter of

David B. Havanich, Jr., Carmine A. DellaSala, Matthew D. Welch, Richard Hampton Scurlock, III, RTAG Inc. d/b/a Retirement Tax Advisory Group, Jose F. Carrio, Dennis K. Karasik, Carrio, Karasik & Associates, LLP, and Michael J. Salovay,

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FEB 18 2015

Respondents.

DIVISION'S MOTION TO CONVERT HEARING TO TELEPHONIC PRE-HEARING CONFERENCE

Pursuant to Rules 161 and 221 of the Commission's Rules of Practice, 17 C.F.R.

§§ 201.161 and 221, the Division of Enforcement ("Division") hereby moves the Law

Judge to postpone the presently scheduled hearing and to convert the hearing date to a

telephonic prehearing conference on March 2, 2015. In support of this motion, the

Division states as follows:

1. On January 23, 2015, the Commission issued an Order Instituting

Administrative Proceedings and Notice of Hearing Pursuant to Section 8A of the Securities

Act of 1933, Sections 15(b) and 21C of the Securities Exchange Act of f934, and Sections

203(e) and (f) ofthe Investment Advisers Act of 1940 ("OIP"). Pursuant to the January 27,

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2015 Order Scheduling Hearing and Designating Presiding Judge ("Scheduling Order"),

the hearing of this matter is current! y set for March 2, 2015 in Washington, DC. The

Scheduling Order requires the parties to confer and notify the presiding judge of a

suggested date and time for a prehearing conference to occur prior to the designated

hearing.

2. Pursuant to Rule 141(a), 17 C.F.R. § 201.14l(a), Respondents Havanich,

DellaSala, and Welch were served through counsel with the OIP on January 29, 2015,

Respondents Carrio, Karasik, and Carrio, Karasik & Associates were served on January 28,

2015, and Respondent Salovay was served on January 30, 2015. (Copies of the signed

acknowledgments of service are attached as Exhibit A). We have not received a

confirmation of delivery for Respondents Scurlock and RTAG Inc., an entity owned by

Scurlock.

3. The Division believes the orderly presentation of this case will best be

served by converting the March 2, 2015 hearing to a telephonic prehearing conference:

a. The Division has been in settlement discussions with several of the

Respondents. By March 2, the Division should be in a position to report on whether those

discussions have resulted in any of the respondents' having submitted an offer for

consideration by the Commission.

b. Any respondents who have been served but who have not yet

submitted an offer of settlement will have filed answers to the OIP by March 2, which will

enable the Law Judge and the parties to better understand what issues will be in dispute at

the hearing on the merits.

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c. If Scurlock and RTAG have not received the certified mail delivery

of the OIP by February 17, 2015 (the date the Postal Service advises it will return the mail

to sender), the Division intends to seek to serve them by other means, and by March 2 we

should be in a position to report on the status ofservice.

4. Counsel for respondents Havanich, DellaSala, and Welch advise that they

have no objection to this request. Counsel for respondents Carrio, Karasik, and Carrio,

Karasik & Associates, LLP have not yet advised of their position on the motion.

Respondent Salovay has not advised definitively whether or not he will be able to retain

counsel, and the undersigned did not seek out Salovay' s position on the motion.

Accordingly, the Division hereby respectfully moves the Law Judge to postpone the

presently scheduled hearing and to hold a telephonic pre-hearing conference on March 2,

2015 or at such time thereafter as best suits the Law Judge's convenience.

February 13, 2015

Regional Trial Counsel Direct Line: (305) 982-6390

DIVISION OF ENFORCEMENT SECURITIES AND EXCHANGE COMMISSION 801 Brickell Avenue, Suite 1800 Miami, FL 33131 Phone: (305) 982-6300 Fax: (305) 536-4154

3

SENDER: COMPLETE THIS SECTION

• Complete Items 1, 2, and 3. Also complete Item 4 If estrfcted Delivery Is desired.

• Print you name and address on the reverse so that w can return the card to you.

• Attach thl card to the back of the mal!plece, or on the nt If space pennlts.

D. Is delivery address different frcm Item 1? If YES, enter delivery address below:

3- 16354

7013 2630 0002 2656 7129 Domestic Return ReceiPt 102595-02·M·1640

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1 SBCUR.TIEs AND EXCHANGE co~!Lij1_llti:Jllf;;~

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UNITED · ~TE~'J\1~~

1-10.212 I I .29.1AN •ts

• SendC.~11a~e print your name, address, an . ....--..::.._

I00 F. Street, N~E. Washington, D.C. 20549-1090

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Rrst-Ciass Mall : .. Postage & Fees Pattf USPS Pannlt No. G·10

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:SENDER: C:OMPLETE THIS SECTION .

• Complete ite ms 1, 2, and 3 . Also complete item 4 if Festricted Delivery is desired.

• Print your name and address on the reverse so that w can return the card to you.

II Attach thl card to the back of the mailpiece, or on the ront if space permits.

1 . Article Add cssod to:

Mail r turn Receipt for Merchandise

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UNITED .. 1\~~RW.t:.§~~~ MD2lt2 I IIIII 29~'..15

First-Class Mall Postage &Fees Paid USPS Permit No. G-10

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SECURTii!S AND BXCHANGE COMMI~SIQN.. Ml 9 .. I00 F. Street, N.E. . ~~ ~

Washington, D.C. 20549-1090 · : .. 't;~;:a-.;-...-­

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~. Restricted De livery? (Extra Fee) 0 Yes

7013 2630 0002 2656 7143___________.

PS Form 3811 . February 2004 Domestic Return Receipt 102595·02·M· 15·10

2, and 3. Also complete Q.:..,tr~,..ted Delivery Is desired.

and address on the reverse can return the card to yo u. card to the back of the mailpiece,

If space permits.

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UNITED STATES POSTAL SERVICE First-Class Mall Postage &Fees Paid USPS Pennit No. G-10

• Sende.r:. Please print your name, address, and ZIP+4 in this box •

SBCURTIES AND EXCHANGE coMMxs~IoN l00 F. Street, N.B. ,, , .

·Washington, D.C. 20549-1090 • .. •!) .•

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3- 16354

<'lo <f W lfrt___________________________________L_________ I (Extra Fee) D Yes

2. Article Number 7013 2630 0002 2656 7150 (T'ransfer from service ...~.

PS Form 3811, February 2004 Domestic Relurn Receipt 102595-Q2-M·1540

~-. . . ·: ;. . . ...

:::~~NDER: Cc;?.MPL~E THI~ SI;C~IC?N . . . .

11 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.

• Print your name and address on the reverse so that we can return the card to you.

• Attach this card to the bacl< of the mail piece, or on the front if space permits.

1. Article Addressed to:

A.

X

B.

D.

UNITED ~AlES POSTAL SERVICE First-Class Mall Postage & Fees Pafd USPS Pennlt No. G-10II II

• 1Sender: Please print your name, address, and ZIP+4 In this box •

SECURTIBS AND EXCHANGE COMMISSION I 00 F. Stree~ N.E.

Washington, D.C. 20549- t090

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,: ~ENDER: COMPLETE THIS SECTION ,

• Complete Items 1, 2, and 3. Also compl ete item 4 if Fest ricted Delivery is desired.

• Print your name and address on the re verse so that w can return the card to you.

11 Attach thi card to the back of the mailpiece, or on the rent i f space permits.

1 . Article Add essed to:

CO.MPLETI; THIS SECTION ON DEUVERY . . : .. ' . A. Signature_, /fd) ,{'

..;;, / ~ - - ,0 D AgentX / J/_.L/ '7,-,; · _,.__. D Addressee

B. Received by ( p;inted Name) IC. Date of Delivery

/ :?;.,.- ~J.J.: fot,- Jb; G.--- { - ')..<-1 -f ') D. Is delivery address different from item 1? D Yes

If YES. enter de livery address belol'l: D No

3- 16354

Express Mail r l Return Receipt for Merchandise

~r.i-{· Lf.v:/-/Cf _c.o_.o_. ____ j_ ... nc~IIO\.oi CU J.,....,, y' ,~tra Fee) D Yes

2. Article Nurr ber

(Transferfrcmserv/celat 70 13 2630 0002 2656 7167 PS Form 38 1. February 2004 - Domestic Return Receipt 102595·02·M· 1540

UNITED. 1\Tf&P~~tJBl1iltE Ffrst-Ciass Mail Postage &Fees Paid.);iD..2l2. USPS Pennlt No. G-10Ill__ _29 ..'N!\N'"'1S

HIJiiiJHfiJ.ItJ" •pfJ J•JIJIJ 11 IJIIJJJJui.JIJuu IJIIJIJJIIIh

and a. Also completeRkmricted Delivery Is desired.

Uftl lr name and address on the reverse can return the card to you. card to the back of the maJiplece,

If space permits.

[J Agent [J Addressee

c. Date of Delivery

3- 16354

[J Yes Cl No

oR rass Mall

~~ .~ Recalpt lor Man:handlsa

I.A:Snvar 1' ,_, Fee) Cl Yes

7013 2b30 0002 2b5b 7174 1, February 2004 Domestic Return Receipt 102596-Q2.M-1640

UNITED TATE~~9~:&..68v.rGe-1

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11 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired.

11 Print your name and address on the reverse so that we can return the card to you.

• Attach this card to the back of the mallpiece, or o n the front if space permits.

1. Article Addressed to:

es~:ted Delivery? (Ext': Fee) 0 Yes

7013 2630 0002 2656 7181

PS Form 3811 , February 2004 Domestic Return Receipt 1025~5·02·M·1540

2. Article Number

(Transfer from service label)

UNITED ~ STATES POSTAL SERVICE First-Class Mall Postage &Fees Paid USPS Pennlt No. G-1 0IIIIII

• Sender: Please print your name, address, and ZIP+4 In this bo1C • ~

SBCURTIBS AND BXCHANGE COMMISSION 1tl0 F. Street, N.B.

Wasrungton, D.C. 20549-1090

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