In Re: BankAtlantic Bancorp, Inc. Securities...

Case 0:07-cv-61542-UU Document 665 Entered on FLSD Docket 12/02/2010 of 56

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO.07-61542-CIV-UNGARO

I RE BANKATLANTIC BANCORP, INC.S CURMES LITIGATION

Verdict Form


Part I

(October 19, 2006 through April 25, 2007)

1 estion I Al: With respect to Statements Nos. 1— 6, which allegedly were made between October 19,2106 and April 25, 2 7, do you find that any of the Defendants violated Section 10(b)?

Yes No

If a answer to Question I(A) is "no," please skip to Part II on page 18.

If' a answer to Question I(A) is "yes," please proceed to Question 1(a).

2


Question Ua): With respect to Statement 1, do you find that James White (and therefore Bancorp)violated Section 10(b)?

Yes No

If you answered "no" to Question 1(a), please skip to Question 2(a). If you answered "yes," pleaseproceed to Question I (b).

Question Ub'l: Do you find that James White acted knowingly with respect to that statement?

Yes No

Please proceed to Question 1(c).

Question 1(c): Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?

Alan Levan: Yes No

John Abdo: Yes No

Jarett Levan: Yes No

James White: Yes No

If you answered "no" for every Defendant, please skip to Question 2(a). If you answered "yes" for anyDefendant, please proceed to Question I (d).

Ouestion 1(d): For each Defendant for whom you answered "yes" in Question I(c), do you find thatsu;.h Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

Jahn Abdo: Yes No

Jnrett Levan: Yes No

James White: Yes No

If you answered "yes" for every Defendant for whom an answer was required, please skip to Question2(a). If you answered "no" for any Defendant, please proceed to Question I (e).

3


tion 1 e For each Defendant for whom you answered "no" in Question I (d), do you find that suchDe endant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)vi• l ation?.

Al : n Levan: Yeas No

Jo a Abdo: Yeas No

Ja eft Levan: Yeas No

Ja - es White: Yes No

P1--. proceed to Question 1(0.

I estion 1 For each Defendant for whom you answered "no" to Question 1(d), please list below the• - ntage of :responsibility that Defendant bears as a controlling person for the Section 10(b) violation.

total percentage for all Defendants for whom you answered "no" to Question 1(d) must add up to10 1 percent. You cannot assign any percentage of responsibility to a Defendant for whom you did notan wer "no" to Question 1(d).

AI , n Levan:

Jo n Abdo:

Ja ett Levan:

Ja - es White:

T tal 100%

PI ase proceed to Question 2(a).

4

d


On estion 2(a): With respect to Statement 2, do you find that James White (and therefore Bancorp)vio ated Section 10(b)?

Yes No

If you answered "no" to Question 2(a), please skip to Question 3(a). If you answered "yes," pleaseproceed to Question 2(b).

Oqestion 2(b),: Do you fi that James White acted knowingly with respect to that statement?

Yes No


Ogesdon 2(c): Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?

Levan: Yes NoAlan Lev /

Jo hn Abdo: Yves No

Jarett Levan: Yes ' / No

James

White: Yes V No

If you answered "no" for every Defendant, please skip to Question 3(a). If you answered "yes" for anyDefendant, please proceed to Question 2(d).

Ouestion 2(d): For each Defendant for whom you answered "yes" in Question 2(c), do you find thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No

If you answered "yes" for every Defendant for whom an answer was required, please skip to Question3(a). If you answered "no" for any Defendant, please proceed to Question 2(e).

5


a tion 2 e For each Defendant for whom you answered "no" in Question 2(d), do you find that suchDe endant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

vio ation?

Al: n Levan: Yes No

Jo n Abdo: Yeas No

Ja ett Levan: Yeas No

Ja - es White: Yeas No

P1= ase proceed to Question 2(f).

estion 2 For each Defendant for whom you answered "no" to Question 2(d), please list below thepe centage of responsibility that Defendant bears as a controlling person for the Section 10(b) violation.

e total percentage for all Defendants for whom you answered "no" to Question 2(d) must add up to

1 e I percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

an.wer "no" to Question 2(d).

n Levan:

J i hn Abdo:

J: rett Levan: %

J : mes White: _%

T i tal 100%

P ease proceed to Question 3(a).

6


Oaestion 3(a)' :

With respect to Statement 3, do you find that either of the following Defendants (andtherefore Banorp) violated Section 10(b)?

Alan Levan: Yes No vJames White: Yes No

If you answered "no" as to both :Defendants in Question 3(a), please skip to Question 4(a). If you

answered "yes"' as to either Defendant, please proceed to Question 3(b).

Qgestion 3(b): For each Defendant for whom you answered "Yes" to Question 3(a), do you find thatsuch Defendant acted knowingly with respect to that statement?

Alan Levan: Yes No

James White: Yes No

Please proceed to Question 3(c)„

Ouestion 3(c): For each Defendant for whom you answered "yes" to Question 3(a), please list belowthe percentage of responsibility that Defendant bears for the Section 10(b) violation. The totalpercentage for all Defendants for whom you answered "yes" to Question 3(a) must add up to 100percent. You cannot assign any percentage of responsibility to a Defendant for whom you answered

"n D" to Question 3(a).

Alan Levan: %

James White: %

Total 100%

Please proceed to Question 3(d).

7


Ouestion 3(dj: Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No

If you answered "no" for every Defendant, please skip to Question 4(a). If you answered "yes" for anyDefendant, please proceed to Question 3(e).

Question 3(e): For each Defendant for whom you answered "yes" in Question 3(d), do you find thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No

If you answered "yes" for every Defendant for whom an answer was required, please skip to Question4(a). If you answered "no" for any Defendant, please proceed to Question 3(f).

Ouestion Un'For each Defendant for whom you answered "no" in Question 3(e), do you find that such

Defendant acted knowingly in his capacity as a controlling person with respect to the Section IO(b)violation?

Alan Levan: Yes No

John Abdo: Yes No


J! mes White: Yes No

Pl -.ase proceed to Question 3(g).

8


Question 3(a), For each Defendant for whom you answered "no" to Question 3(e), please list below the

percentage of responsibility that Defendant bears as a controlling person for the Section 10(b) violation.The total percentage for all Defendants for whom you answered "no" to Question 3(e) must add up to

100 percent. You c= assign ,,iny percentage of responsibility to a Defendant for whom you did not

answer "no" to Question 3(e).

Alan Levan: --%

John Abdo: —%

Jarett Levan: —%

James White: —

Total 100%

Please proceed to Question 4(a).

9


Ouestion 4(a): With respect to Statement 4, do you find that Jarett Levan (and therefore Bancorp)

knoTvingly violated Section 10(b)?

Yes V No

If y :)u answered "no" to Question 4(a), please skip to Question 5(a). If you answered "yes," please

proceed to Question 4(b).

Question 4(b): Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?

Allan Levan: Yes No

John Abdo: Yeas No

Jarett Levan: Yes No /

James White: Yes No V

If you answered "no" for every Defendant, please skip to Question 5(a). If you answered "yes" for anyDefendant, please proceed to Question 4(c).

O uestion 4(c): For each Defendant for whom you answered "yes" in Question 4(b), do you find thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No /

John Abdo: Yes/ No


J ames White: Yes No

I'you answered "yes" for every Defendant for whom an answer was required, please skip to Question5(a). If you answered "no" for any Defendant, please proceed to Question 4(d).

10


Question 4(d) For each Defendant for whom you answered "no" with respect c) do you find pro)

such

Defendant acted knowingly in his capacity as a controlling person

violation?

Alan Levan* Yes, No

John Abdo: Yes No


James White: Yes No

Please proceed to Question 4(e).

Onestion 4(e), For each Defendant for whom you answered "no" to Question 4(c), please list below the

percentage of responsibility that Defendant bears as a controlling person for the Section 10(b) violation.The total percentage for all Defendants for whom you answered "no" to Question 4(c) must add up to100 percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

answer "no" to Question 4(c).

Alan Levan:

John Abdo: _%

Jarett Levan: _%

James White: _%

Total 100%


11


Ouestion 5(a): With respect to Statement 5, do you find that Alan Levan (and therefore Bancorp)

violated Section 10(b)?

Yes No

If y :)u answered "no" to Question 5(a), please skip to Question 6(a). If you answered "yes," please


Ouestion 5(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes No


Ozestion 5(c): Do you find that any of the following Defendants were controlling persons of Bancorp

under Section 20(a) with respect to that statement?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No

If you answered "no" for every Defendant, please skip to Question 6(a). If you answered "yes" for any

Defendant, please proceed to Question 5(d).

Question 5( lam): For each Defendant for whom you answered "yes" in Question 5(c), do you find that

such Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No


12


s n ^_ tion 5 e For each Defendant for whom you answered "no" in Question 5(d), do you find that suchDefi ndant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

viol; tion?

Ala - Levan: Yea No

Joh Abdo: Ye:; No

Jar tt Levan: Yes No

Ja , es White: Yes No

Pl proceed to Question 5(f).

e u.^tion 5 For each Defendant for whom you answered "no" to Question 5(d), please list below theper entage of responsibility that Defendant bears as a controlling person for the Section 10(b) violation.Th: total percentage for all Defendants for whom you answered "no" to Question 5(d) must add up to

10 f percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

an er "no" to Question 5(d).

Al n Levan: _—

Jo - n Abdo:

Ja ett Levan:

Ja , es White:

T 1 tal 100%

PI - ase proceed to Question 6(a).

13


Question 6(a): With respect to Statement 6, do you find that any of the following Defendants (and

therefore Bancorp) violated Section 10(b) .

John Abdo: Yes V/

No

James White:

Yes 3 No

Yes 3 NoJarett Levan:

Alan Levan: Yes V No

If you answered "no" I as to all Defendants in Question 6(a), please skip to Question I(B) on page 17. If

yoL answered "yes" as to 1U Defendant, please proceed to Question 6(b).

Question 6(b): For each Defendant for whom you answered statement?

es" to Question 6(a), do you find that

such Defendant acted knowingly with respect

John Abdo: Yes V No

James White: Yves No

Jarett Levan: Yes V No

Allan Levan: Yes No

please proceed to Question 6(c).

Ouestion 6(c): For each Defendant for whom you answered "yes" to Question 6(a), please list below

the percentage of responsibility that Defendant bears for the Section 10(b) violation. The totalpercentage for all Defendants for whom you answered "yes" to Question 6(a) must add up to 100percent. You cannot assign any percentage of responsibility to a Defendant for whom you answered

"no" to Question 6(a).

iJohn Abdo: -S %

James White: 49%Jarett Levan: S %Alan Levan: $I S %Total 100%


14


Question 6(d); Do you find that any of the following Defendants were controlling persons of Bancorp

under Section 20(a) with respect 1:0 that statement?

Alan Levan: Yes 3 No

John Abdo: Yes i3 No

Jar ett Levan: Yes 3 No

James White: Yes VOO' No

If you answered "no" for every Defendant please skip to Question I(B) on page 17. If you answered"yes" for any Defendant, please proceed to Question 6(e).

Oqestion 6(e): For each Defendant for whom you answered "yes" in Question 6(d), do you find thatsuoh Defendant acted in good faith and did not directly or indirectly induce the Section l 0(b) violation?


John Abdo: Yes ^ No


James White: Yes No

If you answered "yes" for every Defendant for whom an answer was required, please skip to Question

I(B) on page 17. If you answered "no" for any Defendant, please proceed to Question 6(f).

Ouestion 6(n For each Defendant for whom you answered "no" in Question 6(e), do you find that suchD.-fendant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

violation?

Alan Levan: Yes No

John Abdo: Yes No


,Tames White: Yes No

Please proceed to Question 6(g).

15


Ouestion 6(g) For each Defendant for whom you answered "no" to Question 6(e), please Iist below the

percentage of responsibility that Defendant bears as a controlling person for the Section l0(b) violation.The total percentage for all Defendants for whom you answered "no" to Question 6(e) must add up to100 percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

answer "no" to Question 6(e).

Alan Levan:

John Abdo: —

Jarett Levan:

Janes White:

Total 100%

Please proceed to Question I(B) on page 17.

16


Ouestion IM: What is the amount of damages per share proximately caused by the first Section I ON

violation you found during the period from October 19, 2006 through April 25, 2007?

$ per share

Please proceed to Part II on page 18.

17


pART II

(April 26, 2007 through October 26, 2007)

Ooestion III: with respect to'itatements Nos. f the Defendallegedlyt ltea were

de pro)n April 26,

2007 and October 26, 2007, do you find that any o

Yes No

If the answer to Question II(A) is "no," please skip to the end and sign and date the Verdict Form on

page 50.if the answer to Question II(A) is "yes," please proceed to Question 7(a).

6

18




Yes V No

If you answered "no" to Question 7(a), please skip to Question 8(a). If you answered "yes," please


Ou estion 7(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes VOOOOO No


Opestion 7(c); Do you find that any of the following Defendants were controlling persons of Bancorp


Alan Levan: Yes 3 No

John Abdo: Y'es No



If you answered "no" for every Defendant, please skip to Question 8(a). If you answered "yes" for anyE efendant, please proceed to Question 7(d).

Question 7(d); For each Defendant for whom you answered "yes" in Question 7(c), do you find that

sach Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: 'Yes 3 No

John Abdo: 'Yes No

Jarett Levan: 'Yes No

James White: Yes No

1 f you answered "yes" for every Defendant for whom an answer was required, please skip to Question8(a). If you answered "no" for any Defendant, please proceed to Question 7(e).

19


Question 7(e) For each Defendant for whom You trollied "no" inestion

t(d) the Sectiond off( )suchDefendant acted knowingly in his capacity as a c g Pe

viol ation?

Alan Levan: Yes No

Job n Abdo: Yes No


James White: Yes No

please proceed to Question 7(f).

Onestion 7M For each Defendant for whom you answered "no" to Question 7(d), please list below the

percentage of responsibility that Defendant bears as a controlling person for the Section 10(b) violation.

-n a total percentage for all Defendants for whom you answered "no" to Question 7(d) must add up to

1 p0 percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

answer "no" to Question 7(d).

Alan Levan: _%

John Abdo: _%

Jarett Levan: _%

James White:

Total 100%


20


On estion 8(a): With respect to Statement 8, do you find that Alan Levan (and therefore Bancorp)

vio ated Section 10(b)?

Yes No y



Question 8(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes No


Onestion 8(c): Do you find that any of the following Defendants were controlling persons of Bancorpudder Section 20(a) with respect to that statement?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No


Question 8(d) .: For each Defendant for whom you answered "yes" in Question 8(c), do you find thatsuch Defendant acted in good 'faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: 'Yes No


James White: 'Yes No


21


Owstion 8(e) For each Defendant for whom you answered "no" in Question 8(d), do you find that suchDe iendant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Ycs No

Please proceed to Question 8(f).

O uestion 8(f); For each Defendant for whom you answered "no" to Question 8(d), please list below thepercentage of responsibility that Defendant bears as a controlling person for the Section 10(b) violation.Tlie total percentage for all Defbndants for whom you answered "no" to Question 8(d) must add up to100 percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

answer "no" to Question 8(d).

Alan Levan: __%

John Abdo: _—%

Jarett Levan: __ %

James White: _ %

Total 1100%

F lease proceed to Question 9(a).

22


Qu estion 9(a): With respect to Statement 9, do you find that Alan Levan (and therefore Bancorp)violated Section 10(b)?

Yes No V/


Ovestion 9(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes No

Please proceeZ to Question 9(c).

U uestion 9(r); Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respo,.t to that statement?

Alan Levan: Yes No

Jbho Abdo: Yes No


James White: Yes No


Question 9(d): For each Defendant for whom you answered "yes" in Question 9(c), do you find thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No


23


s u —tion 9 e For each Defendant for whom you answered "no" in Question 9(d), do you find that suchDe endant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

vio ation?

Al n Levan: Yes No

Jo n Abdo: Yes No

Ja eft Levan: Yes No

Ja , . es White: Yes No

PI _ ase proceed to Question 9(f).

estion 9 For each Defendant for whom you answered "no" to Question 9(d), please list below thepe centage of responsibility that: Defendant bears as a controlling person for the Section 10(b) violation.

e total percentage for all Defendants for whom you answered "no" to Question 9(d) must add up to

1 I I percent. You cannot assign any percentage of responsibility to a Defendant for whom you did not

an. wer "no" to Question 9(d).

n Levan: _%

J i ho Abdo:

J, rett Levan:

J= mes White: __%

T, tal 100%

P - ase proceed to Question 10(a).

24


On ration 10/a): With respect to Statement 10, do you find that Alan Levan (and therefore Bancorp)

vio'.ated Section 10(b)?

Yes I/ No



Question 10(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes V/ No

Phase proceed to Question 10(c).

Question 10(c): Do you find that any of the following Defendants were controlling persons of Bancorp


Alan Levan: Yes lol No

John Abdo: Yes No

J arett Levan: Yes No V


If you answered "no" for every Defendant, please skip to Question I I(a). If you answered "yes" for any

Defendant, please proceed to Question I O(d).


Alan Levan: Yes No y

John Abdo: Yes No


James White: Yes No

if you answered "yes" for every Defendant for whom an answer was required, please skip to QuestionI I (a). If you answered "no" for any Defendant, please proceed to Question I O(e).

25


On tion 10(el For each Defendant for whom you answered "no" in Question 10(d), do you find thatsu Defendant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

vio ation?

• n Levan: Yeas 11^ No

Jo n Abdo: Yes No

Ja ett Levan: Yes No

Ja , es White: Yes No

PI ase proceed to Question 10(f).

0 estion 10(f1 For each Defendant for whom you answered "no" to Question 10(d), please list below

th percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)vi • lation. The total percentage for all Defendants for whom you answered "no" to Question 10(d) must

•d up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom youdi - not answer "no" to Question 10(d).

an Levan: I Jd %

J hn Abdo: _%

J: rett Levan: __%

J, mes White: _ _%

i otal 1.00%

•lease proceed to Question 11(a).

26


Question 11(al: With respect to Statement 11, do you find that either of the following Defendants (and

therefore Bancorp) violated Section 10(b)?

Alan Levan: Yes No t/

James White: Yes No

If you answered "no" as to both Defendants in Question 1I(a), please skip to Question 12(a). If youanswered "yes" as to either defendant, please proceed to Question 11(b).

Oestion 11(Qb): For each Defendant for whom you answered "Yes" to Question l I(a), do you find thatsu:,h Defendant acted knowingl=y with respect to that statement?

Alan Levan: Yes No

James White: Yes No

Please proceed to Question I I (c).

Oestion 11(c): For each Defendant for whom you answered "yes" to Question 11(a), please list belowthe percentage of responsibility that Defendant bears for the Section 10(b) violation. The totalpercentage for all Defendants for whom you answered "yes" to Question I I(a) must add up to 100percent. You cannot assign any percentage of responsibility to a Defendant for whom you answered

"no" to Question I I (a).

Alan Levan: %

James White: %

Total 100%

Please proceed to Question I I (d).

27


Oue:stion 11(d): Do you find that any of the following Defendants were controlling persons of Bancorp

unjer Section 20(a) with respect to that statement?

Alan Levan: Yes No

Jdhn Abdo: Yes No


James White.: Yes No

If you answered "no" for every Defendant, please skip to Question 12(a). If you answered "yes" for anyDefendant, please proceed to Question I I(e):

Ouestion 11(e): For each Defendant for whom you answered "yes" in Question 11(d), do you find that'such Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No

Iryou answered "yes" for everyy Defendant for whom an answer was required, please skip to Question12(a). If you answered "no" for any Defendant, please proceed to Question I I (f).

Question 11(1) For each Defendant for whom you answered "no" in Question I I (e), do you find thatsuch Defendant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

violation?

Alan Levan: Yes No

John Abdo: Yes No


James White: Yes No

Please proceed to Question I I (g).

28


tion 11 , For each Defendant for whom you answered "no" to Question 11(e), please list belowthe percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)A - i ation. The total percentage for all Defendants for whom you answered "no" to Question 11(e) must

ads up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom you

di not answer "no" to Question 11(e).

Al, n Levan:

Jo, n Abdo:

J! ett Levan:

J 1 t, es White:

T, tal 100%

PI ase proceed to Question 12(a).

29


On estion 12(aj: With respect to Statement 12, do you find that either of the following Defendants (and

therefore Bancorp) violated Section 10(b)?

Alan Levan: Yeas No

James White: Yes No 1+^

If you answered "no" as to both Defendants in Question 12(a), please skip to Question 13(a). If you

answered "yes" as to either defendant, please proceed to Question 12(b).

Ovestion 12(b): For each Defendant for whom you answered "Yes" to Question 12(a), do you find thatsuch Defendant acted knowingly with respect to that statement?

Alan Levan: Yes No

Ja mes White: Yes No


Ouestion 12(c): For each Defendant for whom you answered "yes" to Question 12(a), please list below

the percentage of responsibility that Defendant bears for the Section 10(b) violation. The totalpercentage for all Defendants for whom you answered "yes" to Question 12(a) must add up to 100percent. You cannot assign any percentage of responsibility to a Defendant for whom you answered


Alan Levan: %

James White: %

Total 100%


30


On tion 12(d): Do you find that any of the following Defendants were controlling persons of Bancorp

un - er Section 20(a) with respect to that statement?

Al: n Levan: Yes No

Jo n Abdo: Yeas No

Ja ett Levan: Yeas No

Ja es White: Yes No

If ou answered "no" for every :Defendant, please skip to Question 13(a). If you answered "yes" for any

P =Pendant, please proceed to Question 12(e).

0, estion 12(d: For each Defendant for whom you answered "yes" in Question 12(d), do you find thatsu h Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

• an Levan: Yes No

J hn Abdo: Yes No

J rett Levan: Yes No

J mes White: Yes No

I i you answered "yes" for every Defendant for whom an answer was required, please skip to Question1: (a). If you answered "no" for any Defendant, please proceed to Question 12(f).

i uestion 12(t) For each Defendant for whom you answered "no" in Question 12(e), do you find thats ch Defendant acted knowingly in his capacity as a controlling person with respect to the Section 10(b)

'olation?

an Levan: 'Yes No

ohn Abdo: Yes No

arett Levan: Yes No

awes White: Yes No

' lease proceed to Question 12(g).

31


Ovestion 12(e), For each Defendant for whom you answered "no" to Question 12(e), please Iist belowthe percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)vidlation. The total percentage for all Defendants for whom you answered "no" to Question 12(e) mustadd up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom youdid not answer "no" to Question 12(e).

Al in Levan:

John Abdo:

Jarett Levan:

James White:

Total 100%

Phase proceed to Question 13(a).

32




'Yes I No



Onestion 13(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes VOOOOO No


Ou estion 13(c): Do you.find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?


John Abdo: Yes No

Jarett Levan: Yes No V/Valerie Toalson: Yes No V


O uestion 13(d): For each Defendant for whom you answered "yes" in Question 13(c), do you find thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No V

John Abdo: Yes No


Valerie Toalson: Yes No


33


On estion 13(el For each Defendant for whom you answered "no" in Question 13(d), do you find thatsuch Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section

10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No




Question 13(Q For each Defendant for whom you answered "no" to Question 13(d), please list belowthe percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)violation. The total percentage for all Defendants for whom you answered "no" to Question 13(d) must

ad - up to 100 percent. You cor►not assign any percentage of responsibility to a Defendant for whom you

did not answer "no" to Question 13(d).

Alan Levan: L ^0

John Abdo: _%

Jarett Levan: _ _%

Valerie Toalson: _%

Total 100%


34


On action 14(al: With respect to Statement 14, do you find that Alan Levan (and therefore Bancorp)

vio;ated Section 10(b)?

Yes V No



Question 14(b-l: Do you find that Alan Levan acted knowingly with respect to that statement?

Yes No


Question 14(c): Do you find that any of the following Defendants were controlling persons of Bancorp


Alan Levan: Yes No

J :)hn Abdo: Yes No VOOO

Jhrett Levan: `.Les No V


If you answered "no" for every Defendant, please skip to Question 15(a). If you answered "yes" for any


Question 14(d): For each Defendant for whom you answered "yes" in Question 14(c), do you find that


Alan Levan: Yes No

John Abdo: Yes No



If you answered "yes" for everyDefendant for whom an answer was required, please skip to Question

15(a). If you answered "no" for any Defendant, please proceed to Question 14(e).

35


Onestion 14(e) For each Defendant for whom you answered "no" in Question 14(d), do you find thatsuch Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section

10(b) violation?


Jahn Abdo: Yes No



Please proceed to Question 14(l).

Onestion 14(I) For each Defendant for whom you answered "no" to Question 14(d), please list belowtt a percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)

V! olation. The total percentage for all Defendants for whom you answered "no" to Question 14(d) must

add up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom youd d not answer "no" to Question 14(d).

Alan Levan: I_D() %

Jbhn Abdo: _ %

Jarett Levan: _ %

Valerie Toalson: _ %

Total :100%


36




Yes V No



Onestion 15(b): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes V No


Ouestion 15(c): Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?

Alan Levan: Yes / No

John Abdo: Yes No



I'you answered "no" for evert Defendant, please skip to Question 16(a). If you answered "yes" for anyDefendant, please proceed to Question 15(d).



John Abdo: Yes No



-f you answered "yes" for every Defendant for whom an answer was required, please skip to Question16(a). If you answered "no" for any Defendant, please proceed to Question 15(e).

37


onestion 15(e) For each Defendant for whom you answered "no" in Question 15(d), do you find thatsuch Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section

10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No



P1-ase proceed to Question 15(1).

Onestion 15(Q For each Defendant for whom you answered "no" to Question 15(d), please list belowthe percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)violation. The total percentage for all Defendants for whom you answered "no" to Question 15(d) mustadd up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom you

did not answer "no" to Question 15(d).

Alan Levan: _%

Jahn Abdo: __%

JQrett Levan: _ %


Total 100%


38




Yes V/ No


Onestion 16(1): Do you find that Alan Levan acted knowingly with respect to that statement?

Yes V No

PI-.ase proceed to Question 16(c).

Onestion 16(c): Do you find that any of the following Defendants were controlling persons of Bancorpunder Section 20(a) with respect to that statement?

Alan Levan: Yes v No

John Abdo: Yes No



I'you answered "no" for every Defendant, please skip to Question 17(a). If you answered "yes" for anyDefendant, please proceed to Question 16(d).

fimuestion 16(d): For each Defendant for whom you answered "yes" in Que stion 16(c), do you nd thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: 'Yes No V

John Abdo: Yes No



'f you answered "yes" for every Defendant for whom an answer was required, please skip to Question17(a). If you answered "no" for any Defendant, please proceed to Question 16(e).

39


Ouestion 16fef For each Defendant for whom you answered "no" in Question 16(d), do you find thatsuch Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section

10(b) violation?

Alan Levan: Yes

V No

John Abdo: Yes No

Ja rett Levan: Yes No



O-iestion 16M For each Defendant for whom you answered "no" to Question 16(d), please list belowth6 percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)vi elation. The total percentage for all Defendants for whom you answered "no" to Question 16(d) mustadd up to 100 percent. You carLn assign any percentage of responsibility to a Defendant for whom youdi 3 not answer "no" to Question 16(d).

Alan Levan: / t o %

John Abdo: _ _%

Jarett Levan: _%

Valerie Toalson: __%

Total 100%


40


Question 17(a): With respect to Statement 17, do you find that Alan Levan (and therefore Bancorp)


Yes No

If you answered "nog" to Question 17(a), please skip to Question 18(a). If you answered "yes," please


0 Aestion 171b1: Do you find that Alan Levan acted knowingly with respect to that statement?

Yes V No

V ease proceed to Question 17(c).

Q uestion 17(c): Do you find that any of the following Defendants were controlling persons of Bancorp

u-ider Section 20(a) with respect to that statement?

Alan Levan. Yes V No

John Abdo: Yes No



if you answered "no" for every Defendant, please skip to Question 18(a). If you answered "yes" for any


question 17(d): For each Deifendant for whom you answered "yes" in Question 17(c), do you find thatsuch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No V

John Abdo: Yes No




41


Oaestion 17(e), For each Defendant for whom you answered "no" in Question 17(d), do you find thatsuch Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section

10(b) violation?

Alan Levan: Yes No

Jahn Abdo: Yes No


V ilerie Toalson: Yes No

Please proceed to Question 17(0.

Onestion 17(fl For each Defendant for whom you answered "no" to Question 17(d), please list belowtt a percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)v olation. The total percentage: for all Defendants for whom you answered "no" to Question 17(d) mustadd up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom youd .d not answer "no" to Question 17(d).

Alan Levan: 160%

John Abdo: _ %

Jarett Levan: _ %


Total .100%


42


Onestion 18(a): With respect to Statement 18, do you find that either of the following Defendants (and

therefore Bancorp) violated Section 10(b)9

Alan Levan:Yes No V


If you answered "no" as to both; Defendants in Question 18(a), please skip to Question 19(a). If youar. swered "yes" as to either defendant, please proceed to Question 18(b).

Ouestion 18(b): For each Defendant for whom you answered "Yes" to Question 18(a), do you find thatsuch Defendant acted knowingly with respect to that statement?

Alan Levan: Yes No



Question 18(c): For each Defendant for whom you answered "yes" to Question 18(a), please list belowthe percentage of responsibility that Defendant bears for the Section 10(b) violation. The totalpercentage for all Defendants for whom you answered "yes" to Question 18(a) must add up to 100percent. You cannot assign any percentage of responsibility to a Defendant for whom you answered


Alan Levan: %

Valerie Toalson: %

Total 100%


43


Onestion 18(d): Do you find that any of the following Defendants were controlling persons of Bancorpun 3er Section 20(a) with respect to that statement?

Alan Levan: Yes No

John Abdo: Yes No


Valerie Toalson: • Yes No

If you answered "no" for every Defendant, please skip to Question 19(a). If you answered "yes" for anyDefendant, please proceed to Question 18(e).

Oaestion 18(e),: For each Defendant for whom you answered "yes" in Question 18(d), do you find thatst ch Defendant acted in good faith and did not directly or indirectly induce the Section 10(b) violation?

Alan Levan: Yes No

John Abdo: Yes No



If you answered "yes" for every Defendant for whom an answer was required, please skip to QuestionI )(a). If you answered "no" for any Defendant, please proceed to Question 18(f).

Question 18(ft For each Defendant for whom you answered "no" in Question 18(e), do you find thatsach Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section10(b) violation?

Alan Levan: 'Yes No

John Abdo: 'Yes No



Please proceed to. Question 18(g).

44


Ouestion 18(g), For each Defendant for whom you answered "no" to Question 18(e), please list belowthe percentage of responsibility that Defendant bears as a controlling person for the Section l0(b)violation. The total percentage for all Defendants for whom you answered "no" to Question 18(e) mustadd up to 100 percent. You cannot assign any percentage of responsibility to a Defendant for whom you

did not answer "no" to Question 18(e).

Alan Levan: —%

John Abdo: —

Jarett Levan:

Valerie Toalson:

Total 100%


45


Ou estion 19(a): With respect to Statement 19, do you find that either of the following Defendants (and

therefore Bancorp) violated Section 10(b)9


Valerie Toalson: Yes V No

If you answered "no" as tooath Defendants in Question 19(a), please skip to Question II(B) on page 49.If you answered "yes" as to either Defendant, please proceed to Question 19(b).

Opestion 19(bl: For each Defendant for whom you answered "Yes" to Question 19(a), do you find thatsuch Defendant acted knowingly with respect to that statement?



Pease proceed to Question 19(c).

Ouestion 19(c): For each Defendant for whom you answered "yes" to Question 19(a), please list belowthe percentage of responsibility that Defendant bears for the Section 10(b) violation. The totalpercentage for all Defendants for whom you answered "yes" to Question 19(a) must add up to 100percent. You cannot assign any percentage of responsibility to a Defendant for whom you answered


Alan Levan: ^yValerie Toalson: So %

Total 100%


46


Ooestion 19(d): Do you find that any of the following Defendants were controlling persons of Bancorp


Alan Levan: Yes Y No

Jo him Abdo: Yes No

Jarett Levan: Yes / No 3

Valerie Toalson: Yes V No

If you answered "no" for every Defendant, please skip to Question II(B) on page 49. If you answered"yes" for any Defendant, please: proceed to Question 19(e).

Ouestion 19(el: For each Defendant for whom you answered "yes" in Question 19(d), do you find that


Alan Levan: Yes No

Juhn Abdo: Yes No

Jhrett Levan: Yes No


If you answered "yes" for every Defendant for whom an answer was required, please skip to QuestionH(B) on page 49. If you answered "no" for any Defendant, please proceed to Question 19(f).

Question 19(fl For each Defendant for whom you answered "no" in Question 19(e), do you find thatsuch Defendant acted knowingly in his/her capacity as a controlling person with respect to the Section

l0(b) violation?


John Abdo: Yes No


Valerie Toalson. Yes No

Please proceed to Question 19(g).

47


on estion 19(g) For each Defendant for whom you answered "no" to Question 19(e), please list belowthe percentage of responsibility that Defendant bears as a controlling person for the Section 10(b)violation. The total percentage for all Defendants for whom you answered "no" to Question 19(e) must

cannot assign any percentage of responsibility to a Defendant for whom youadd up to 100 percent. Youdic not answer "no" to Question 19(e).

Alan Levan: J ^%

John Abdo:

Js rett Levan:

Valerie Toalson: 0 %

Total 1100%

P' ease proceed to Question H(B) on page 49.

48


Ouestion II(B): What is the amount of damages per share proximately caused by the first Section 10N

violation you found during the period from April 26, 2007 through October 26, 2007?

$ 1.4{ 1 per share

Please sign and date the Verdict Form on page 50.

49


So SAY WE ALL.

D : ted: /0 .AJury OForep!rsonn

O ce your foreperson has signed and dated the Verdict Form, please inform the Court Security Officeryi,u have completed your deliberations and reached a unanimous verdict. He/she will then inform theC • urt that you are ready to announce your decision, and Judge Ungaro shortly will reconvene court for

at purpose.

50


TABLE of Misstatements and Omissions Alleged by Plaintiffs

Statements That Plaintiffs Contend AreExhibit

Date Description Misrepresentations or Omit Material FactsPage

1. DX 47 10/19/06 Earnings Alleged against White and BankAtlantic

Page 7Conference Call Bancorp.

There is really nothing significant to note onthe credit quality front which in itself given thecurrent real estate environment I think is afavorable commentary....

2. DX 47 10/19/06 Earnings Alleged against White and BankAtlantic


You ought to also see some extension oftakedown schedules from developers of lotloans across the entire market but in oursituation and because of our insistence onhard equity in projects, we believe we'redealing with borrowers with staying power thatwill enable them to ride through this if indeedthat trend does manifest.

3. DX 48 11/8/06 Third Quarter Alleged against White, Alan Levan and

Page 352006 Form 10-Q BankAtlantic Bancorp.

The increase in non-performing assetsprimarily resulted from the transfer of a $26.6million land acquisition and development loanto a non-accruing status effective September30, 2006 based on information that existedprior to September 30, 2006 and becameavailable to BankAtlantic subsequent to thatdate. Among other issues, BankAtlantic hasbeen advised by the borrower that contracts forsales of land parcels were terminated by thirdparty buyers. BankAtlantic has requested anappraisal to measure the loan impairmentbased on the fair value of the collateral. Todate, the appraisal has not been received andthe amount of the required specific reserve, ifany, has not been determined.

4. PX 251 11/29106 Friedman Billings Alleged against Jarett Levan and BankAtlanticRamsey Investor Bancorp.Conference [W]e see no trends that make us nervous.

We're very comfortable with our borrowers.

51


Statements That Plaintiffs Contend Are

ExhibitDate Description Misrepresentations or Omit Material Facts

Page

5. DX 49 1/31/07 )?ress Release Alleged against Alan Levan and BankAtlanticBancorp.

Page 6Press Release quoting Alan Levan: Webelieve that our credit process has remainedconservative and consistent with our practicesover the past several years during which ourcredit experience was excellent.

6. DX 3 3/1/07 2006 Form 10-K Alleged against Abdo, White, Jarett Levan,Alan Levan and BankAtlantic Bancorp.

Page 16 Included in the commercial real estate loansare approximately $389 million of landdevelopment loans, which are susceptible toextended maturities or borrower default dueto a slow-down in Florida constructionactivity, and $95.1 million of developmentloans for low and mid-rise condominiumprojects in Florida, where there is anincreasing supply of new construction in theface of falling demand.

7. DX 5 4/26/07 Earnings Alleged against Alan Levan and BankAtlantic


In this particular non-accrual -- this $19.6million — there's two loans in that bucket.One is approximately $12.5 million; the otheris approximately $7.5 million. Both of theseloans relate to what we call our landbanking portfolio. And those very simply areloans that we made to land developers; peoplethat buy land in anticipation of selling thatland to national developers, national or localdevelopers. Generally, at the time of theborrowing, the borrower or developer hadcontracts with builders to buy a significant orsubstantial portion of the property, whichwould have been used to pay down the loan inthe normal course.


Pages 6Conference Call Bancorp.

and 8 But in an abundance of caution, and becausethere is so much interest in credit today, in

52


Statements That Plaintiffs Contend AreExhibit Date Description Misrepresentations or Omit Material Facts

Pageportfolios, we've chosen to be extremelyconservative in this entire portfolio andpresent this information as we know it.

9 . DX 5 4/26/07 Earnings Alleged against Alan Levan and BankAtlantic

Pages 22Conference Call Bancorp.

and 24We -- our entire commercial portfolio --commercial real estate portfolio — is about$1.4 billion, $1.5 billion. That's a portfolio thatJim has indicated, for the last four years, we'vetaken zero losses on. And for the last 10 or 15or 20 years, our experience in that portfolio, Iwould say, has been excellent. So our creditstandards and credit criteria have been prettyconsistent across the board.

This particular portfolio -- as best we cansegment it — is about $140 million to $160million. And this particular portfolio is one,again, where you have a borrower who buysland, develops the land into finished lots, withthe anticipation of selling it to, for the mostpart, national homebuilders, who sign optioncontracts to take down lots to deliver tohomeowners. So —

...we're definitely seeing differences in thecharacteristics in the performance of theportfolio. The portfolios that are borrowersthat are buying land for their owndevelopment — those are proceeding in thenormal course. We're not really seeing anydifference in that portfolio than we've seenin the $1.5 billion portfolio. That portfolioat one time was up close to $2 billion. Andwe're not really seeing any difference inthose characteristics as we've seen over thelast 10 or 15 years.

53



Exhibit Date Description Misrepresentations or Omit Material FactsPage

10. DX 5 4/26/07 Earnings Alleged against Alan Levan and

Page 29Conference Call BankAtlantic Bancorp.

... I mean, the entire portfolio is $1.4 billion,$1.5 billion. If Valerie knows today, she'lltell you as soon as I stop talking, or we'llhave to tell you off-line -- there's a certaindesignation. When we finance a landacquisition with the anticipation of a buildinggoing on that, it tends to get into this landportfolio. And it may re-characterize as westart to build. But lots of our portfolio is aconstruction portfolio that we're not inany way concerned about.

11. DX 6 5/10/07 First Quarter 2007 Alleged against Alan Levan, White and

Page 18Form 10-Q BankAtlantic Bancorp.

The "builder land loan" segment discussedabove is part of BankAtlantic's totalcommercial real estate acquisition anddevelopment portfolio of approximately $562million as of March 31, 2007. The loansother than the "builder land loans" in thiscategory are generally secured by residentialand commercial real estate which will befully developed by the borrower or sold tothird parties. These loans generally involveproperty with a longer investment anddevelopment horizon and are guaranteed bythe borrower or individuals and/or secured byadditional collateral such that it is expectedthat the borrower will have the ability toservice the debt under current conditions fora longer period of time. Accordingly,management considers these other loans tobe of relatively lower risk than the"builder land loans."

12. DX 6 5/10/07 First Quarter 2007 Alleged against Alan Levan, White and

Page 19Form 10-Q BankAtlantic Bancorp.

"Total Potential Problem Loans" for the entireBank as $7,788,000.



There are no asset classes that we areand

54



ExhibitDate Description Misrepresentations or Omit Material Facts

Page

PX

Pageconcerned about in the portfolio as an assetclass. We've reported all the delinquencies

Page 10 that we have, which actually I don't think areany other than the ones that we've just

reported to you.

14. DX T-7/25/07 Earnings Alleged against Alan Levan and BankAtlantic


andSo the portfolio has always performedextremely well, continues to perform

PX 353 extremely well.

Page 10 15. DX 8 7/25/07 Earnings Alleged against Alan Levan and BankAtlantic


And that's not to say that from time to time

and there aren't some issues, as there always have

PX 353 even though we've never taken losses in that

Page 10world. But we've not taken – I won't say evertaken any losses, because that's probably nevergoing to be a correct statement. But that

portfolio has performed extremely well.



The one category that we just are focused on is

and this land loan builder portfolio, because just

PX 353 from one day to the next the entire home

Page 10building industry went into a state of flux andturmoil, and is impacting that particular class.But to our knowledge and in just in thinkingthrough, there are no particular asset classesthat we're concerned about other than that oneclass.


PagesConference Call Bancorp.

32-33 [Q: Brian Horey - Equity Growth Management

and(Aurelian) – Analyst - Okay. If I can justquestion you about the commercial portfolio

PX 353 for a second -- for the construction portion of

Page 17-that, which I think you said was 63% of the

18portfolio. Can you give us some sense of whatthe various delinquency buckets on thatportion of the portfolio looks like at the end ofJune and how that's change since the beginning

55



Exhibit' Date Description Misrepresentations or Omit Material Facts

Pageof the year?]I could be wrong, but I think it's zero. I don'tthink we have any delinquency in thatportfolio — in the entire portfolio.

Other than the non-accruals we've reported toyou, there are no delinquencies in thatportfolio. And again, I could be — don't take itas an absolute. But I'm just telling you to datewe have — we do not have a concern about thebalance of the portfolio.

Brian, we've confirmed that — while we weretalking, somebody checked and to ourknowledge at this moment, we have nodelinquencies in the balance of the portfolio --in the commercial portfolio.

18. DX: 9 8/9/07 Second Quarter Alleged against Alan Levan, Toalson and

2007 Form 10-Q BankAtlantic Bancorp.Page 22 The "builder land loan" segment discussed

above is part of BankAtlantic's totalcommercial real estate acquisition anddevelopment portfolio of approximately$537.0 million as of June 30, 2007. The loansother than the "builder land loans" in thiscategory ... management considers theseother loans to be of relatively lower riskthan the "builder land loans."

19. DX 9 8/9/07 Second Quarter Alleged against Alan Levan, Toalson and

2007 Form 10-Q BankAtlantic Bancorp.Page 23 "Total Potential Problem Loans" for the entire

Bank as $8,348,000.

56

In Re: BankAtlantic Bancorp, Inc. Securities...

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