Petition No. 22 â Make Third Interim Distribution
Transcription
Petition No. 22 â Make Third Interim Distribution
Case 4:13-cv-00382-RAS-DDB Document 152 Filed 05/01/15 Page 1 of 4 PageID #: 2087 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. RFF GP, LLC, KGW CAPITAL MANAGEMENT and KEVIN G. WHITE, Defendants, REVELATION FOREX FUND, LP, MERIDIAN PROPANE LP, and W CORPORATE REAL ESTATE, LP d/b/a KGW REAL ESTATE, Relief Defendants. § § § § § § § § § § § § § § § § § § § § CIVIL ACTION NO. 4:13-CV-0382 PETITION NO. 22 RECEIVER’S PETITION TO MAKE THIRD INTERIM DISTRIBUTION TO APPROVED CLAIMANTS Kelly M. Crawford, as the court-appointed Receiver, petitions the Court for authorization to make a third interim distribution to Approved Claimants, and in support thereof respectfully shows the Court as follows: I. 1. The Order Granting Plaintiff’s Ex parte Emergency Motion for a Statutory Restraining Order, Appointment of a Temporary Receiver, Expedited Discovery, and Order to Show Cause Regarding a Preliminary Injunction, and Other Equitable Relief (the “SRO”) authorizes the Receiver to “…compromise…any actions…to preserve or increase the assets of RECEIVER’S PETITION TO MAKE THIRD INTERIM DISTRIBUTION 1 Case 4:13-cv-00382-RAS-DDB Document 152 Filed 05/01/15 Page 2 of 4 PageID #: 2088 Defendants or Relief Defendants necessary to carry out the duties pursuant to this Order.” Paragraph VI, 29A(i) of SRO. 2. On March 10, 2014 the Court entered an Order approving the Receiver’s distribution plan, allowing the Receiver to make priority distributions on a pro rata basis to Approved Claimants who were investors in the Revelation Forex Fund [Docket No. 89]. The Court approved claims totaling $7,012,2671 held by the Approved Claimants. 3. In that same Order the Court authorized the Receiver to make an initial interim distribution to the Approved Claimants in the total amount of $3,085,398, which represented payment of 44% of the total approved claims of $7,012.267. Pursuant to the order, the Receiver made the initial interim distribution to the Approved Claimants. 4. On July 29, 2014, the Court authorized the Receiver to make a second interim distribution to Approved Claimants in the total amount of $560,981, which represented an additional payment of 8% of the total approved claims of $7,012,267 [Docket No. 124]. Pursuant to the order, the Receiver made the second interim distribution to the Approved Claimants. The two interim distributions made to date equal a 52% repayment to the Approved Claimants of their total loss. 5. The receivership account currently has a balance of $194,690. Of that amount, $94,755 is encumbered as accrued liabilities for administrative expenses of the receivership. Accordingly, the Receiver seeks authority to distribute $95,002 to the Approved Claimants on a pro rata basis pursuant to the Court approved Distribution Plan and as shown on the schedule attached hereto as Exhibit A and incorporated herein by reference. This third interim distribution 1 The total amount of claims is $7,012,267, and the net amount of claims approved by the Court in the Receiver’s proposed Distribution Plan is $7,006,007 because it takes into account a $5,409 payment of false profits to one claimant. This payment of false profits was returned by the claimant to the receivership. RECEIVER’S PETITION TO MAKE THIRD INTERIM DISTRIBUTION 2 Case 4:13-cv-00382-RAS-DDB Document 152 Filed 05/01/15 Page 3 of 4 PageID #: 2089 will represent an additional payment of 1.35% of the total approved claims of $7,012,267, and will bring the total amount returned to Approved Claimants from 52% to 53.35%. WHEREFORE PREMISES CONSIDERED, the Receiver requests the Court to enter an Order authorizing the Receiver to make a third interim distribution to Approved Claimants as shown in the scheduled attached hereto as Exhibit A, and provide the Receiver such other and further relief at law or in equity to which the Receiver may be justly entitled. Respectfully submitted, SCHEEF & STONE, L.L.P. By: /s/ Charlene C. Koonce Charlene C. Koonce State Bar No. 11672850 500 North Akard Street, Suite 2700 Dallas, Texas 75201 Telephone: 214.706.4200 Telecopier: 214.706.4242 ATTORNEYS FOR RECEIVER KELLY M. CRAWFORD CERTIFICATE OF CONFERENCE The undersigned hereby certifies that on April 29, 2015 he conferred with Harry Wedewer, counsel for the Plaintiff U.S. Commodity Futures Trading Commission regarding the relief sought in this Petition and Mr. Wedewer indicated the Commission is unopposed to the relief sought. /s/ Kelly M. Crawford KELLY M. CRAWFORD RECEIVER’S PETITION TO MAKE THIRD INTERIM DISTRIBUTION 3 Case 4:13-cv-00382-RAS-DDB Document 152 Filed 05/01/15 Page 4 of 4 PageID #: 2090 CERTIFICATE OF SERVICE The undersigned hereby certifies that on May 1, 2015 I electronically filed the foregoing document with the clerk of the U.S. District Court, Eastern District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a “Notice of Electronic Filing” to the following attorneys of record, and a copy was mailed to the individual pro se defendant identified below: Harry E. Wedewer John Einstman U.S. Commodity Futures Trading Commission Three Lafayette Centre 1155 21st Street, N.W. Washington, D.C. 20581 Counsel for Plaintiff Kevin G. White #22043-078 USP Beaumont U.S. Penitentiary P.O. Box 26030 Beaumont, TX 77720 Defendant, Pro Se /s/ Kelly M. Crawford KELLY M. CRAWFORD RECEIVER’S PETITION TO MAKE THIRD INTERIM DISTRIBUTION 4 Case 4:13-cv-00382-RAS-DDB Document 152-1 Filed 05/01/15 Page 1 of 1 PageID #: 2091 Third Interim Distribution Chart Investor Arkesh Kumar Bedford West Insurance Company Ltd. Total Net Investment Receiver's Distribution Amount Recommended based on a 0.013548 Claim Amount pro rata calculation 25,000.00 25,000.00 339 300,000.00 300,000.00 4,064 c/o Dr. Fred C. Edge Brenner, Henry Clifton Cucalon, LP 50,000.00 50,000.00 677 100,000.00 100,000.00 1,355 600,000.00 600,000.00 8,129 c/o Tony Cucalon Edge Family Limited Partnership c/o Hazel R. Edge Edge, Carl C. 850,000.00 850,000.00 11,516 Edgewood Associations, LLC 500,000.00 500,000.00 6,774 100,000.00 100,000.00 1,355 300,000.00 300,000.00 4,064 0.00 0.00 93,155.00 93,155 .00 1,262 33,332.00 33,332.00 452 750,000.00 750,000.00 10,161 1,355 c/o Hazel R. Edge, Trustee Ellerbeck Family Partners Limited 1, LP c/o Ron Ellerbeck Fred J. Nesbit Health First Medical Center, PC c/o Dr. Fred C. Edge Jim Phillips IRA Equity Trust Company dba Sterling Trust, Custodian Jim Phillips Roth IRA Equity Trust Company dba Sterling Trust, Custodian Keiser Family Trust c/o Randall & Kathleen Keiser, Co-TIES Mackness, Terry 100,000.00 100,000.00 Newsom, Gary D. 200,000.00 0.00 0 Nita Kissel Fanning 100,000.00 100,000.00 1,355 200,000.00 200,000.00 2,710 24,701.00 24,701.00 335 401,079.00 401,079.00 5,434 35,000.00 35,000.00 474 750,000.00 750,000.00 10,161 250,000.00 250,000.00 3,387 Smith, Mike and Carol Peters 100,000.00 100,000.00 1,355 Smith, Preston 750,000.00 750,000.00 10,161 Smith, Preston 500,000.00 500,000.00 6,774 100,000.00 100,000.00 1,355 7,212,267.00 7,012,267.00 95,002 Equity Trust Company dba Sterling Trust, Custodian Owens, Peter Phillips, Jan Roth IRA Phillips, Jim I & Jan P. Joint Account Rainsley, Glen E. & Susan F. Robilliard, John Wilhoit S.A. Schmitt, Ann Louise fbo Martha Schmitt, Dec'd Roth IRA Winlett, LLC James & Theresa Abraham EXHIBIT I A Case 4:13-cv-00382-RAS-DDB Document 152-2 Filed 05/01/15 Page 1 of 1 PageID #: 2092 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. RFF GP, LLC, KGW CAPITAL MANAGEMENT and KEVIN G. WHITE, Defendants, REVELATION FOREX FUND, LP, MERIDIAN PROPANE LP, and W CORPORATE REAL ESTATE, LP d/b/a KGW REAL ESTATE, Relief Defendants. § § § § § § § § § § § § § § § § § § § § CIVIL ACTION NO. 4:13-CV-0382 ORDER GRANTING PETITION NO. 22 RECEIVER’S UNOPPOSED PETITION TO MAKE THIRD INTERIM DISTRIBUTION TO APPROVED CLAIMANTS On this date, the Court considered Petition No. 22, Receiver’s Unopposed Petition to Make Third Interim Distribution to Approved Claimants (the “Petition”). The Court finds the Petition is just and appropriate and should be granted. ACCORDINGLY, it is hereby ordered that the Receiver is authorized to make a pro rata interim distribution of $95,002 of receivership assets recovered by the Receiver to the approved claimants in the amounts as shown on Exhibit A attached to the Petition. To the extent an investor with an approved claim invested qualified funds with the Defendants, the Receiver may make the distribution to the approved investor payable to the investor’s qualified fund.