t 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(F IDENTIAL DB-SONY-00

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]