-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, CoQB1fQMVNlftjK44cAr9Xq1FcpXADwuSH0RfnpRXw0KRBObYg1q3RxxfPTbcDYX eHXsrNMkiRa/4qV6FlV8Cg== 0001179110-05-002393.txt : 20050203 0001179110-05-002393.hdr.sgml : 20050203 20050203164551 ACCESSION NUMBER: 0001179110-05-002393 CONFORMED SUBMISSION TYPE: 5 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050130 FILED AS OF DATE: 20050203 DATE AS OF CHANGE: 20050203 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: WIEDERHORN ANDREW CENTRAL INDEX KEY: 0001033016 FILING VALUES: FORM TYPE: 5 SEC ACT: 1934 Act SEC FILE NUMBER: 000-23911 FILM NUMBER: 05573868 BUSINESS ADDRESS: STREET 1: C/O WILSHIRE FINANCIAL SERVICES GROUP STREET 2: 1776 SW MADISON STREET CITY: PORTLAND STATE: OR ZIP: 97205 BUSINESS PHONE: 5032235600 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FOG CUTTER CAPITAL GROUP INC CENTRAL INDEX KEY: 0001048566 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 522081138 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1631 SW COLUMBIA STREET CITY: PORTLAND STATE: OR ZIP: 97201 BUSINESS PHONE: 5037216500 MAIL ADDRESS: STREET 1: 1310 S W 17TH ST CITY: PORTLAND STATE: OR ZIP: 97201 FORMER COMPANY: FORMER CONFORMED NAME: WILSHIRE REAL ESTATE INVESTMENT TRUST INC DATE OF NAME CHANGE: 19971027 5 1 edgar.xml FORM 5 - X0202 5 2005-01-30 0 0 1 0001048566 FOG CUTTER CAPITAL GROUP INC FCCG 0001033016 WIEDERHORN ANDREW C/O FOG CUTTER CAPITAL GROUP INC. 1410 SW JEFFERSON STREET PORTLAND OR 97201-2548 1 1 1 0 Chief Strategic Officer Common Stock 404026 D Common Stock 2004-12-22 5 G 0 9000 0 D 506930 I By Spouse Common Stock 2004-12-28 5 G 0 8000 0 D 498930 I By Spouse Common Stock 2004-12-28 5 G 0 8000 0 D 539817 I By Spouse Common Stock 98938 I By GRAT Common Stock 991709 I By LP Common Stock 13826 I By LLC Common Stock 2004-11-16 4 P 0 L 3114 3.45 A 161909 I By Minor Children Common Stock 2004-11-16 4 P 0 L 2869 3 A 164778 I By Minor Children The Reporting Person disclaims beneficial ownership of these securities and this report shall not be deemed an admission that the Reporting Person is the beneficial owner of said securities for purposes of Section 16 or for any other purpose. These securities are held by the Tiffany A. Wiederhorn Grantor Retained Annuity Trust I (the "GRAT") of which the spouse of the Reporting Person is the trustee and grantor. These securities are held by TTMM, LP, a partnership controlled by the spouse of the Reporting Person. TTMM, LP owns 49.619% of the interests of WM Starlight Investments, LLC. These securities are held by WM Startlight Investments, LLC, a limited liability company. The spouse of the Reporting Person is the managing member and owner of 50.381% of the interests of WM Starlight Investments, LLC. TTMM, LP is the owner of the remaining interests. The GRAT, of which the spouse of the Reporting Person is the trustee and grantor, distributed to the spouse of the Reporting Person 48,887 shares of common stock on January 1, 2005. /s/ Michael S. Angel under Power of Attorney 2005-02-01 EX-24.TXT 2 ex24wiederhorn.txt POWER OF ATTORNEY FOG CUTTER CAPITAL GROUP INC. SECTION 16 FILINGS UNDER SECURITIES EXCHANGE ACT OF 1934 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Tiffany Wiederhorn, Scott Stevenson and Michael Angel his or her true and lawful agent, proxy and attorney-in-fact, with full power of substitution and resubstitution, for him or her and in his or her name, place and stead, in any and all capacities, to (i) act on, sign and file with the Securities and Exchange Commission any and all filings on Forms 3, 4 and 5 with respect to the undersigned's position as an executive officer, director or ten percent beneficial stockholder of Fog Cutter Capital Group Inc. pursuant to Section 16 of the Securities Exchange Act of 1934, as amended, and (ii) take any and all actions which may be necessary or appropriate in connection therewith, granting unto such agents, proxies and attorneys-in-fact, and each of them, full power and authority to do and perform each and every act and thing necessary or appropriate to be done, as fully for all intents and purposes as he or she might or could do in person, hereby approving, ratifying and confirming all that such agents, proxies and attorneys-in-fact, any of them or any of his or her substitute or substitutes may lawfully do or cause to be done by virtue hereof. /s/ Andrew A. Wiederhorn Name: Andrew A. Wiederhorn -----END PRIVACY-ENHANCED MESSAGE-----