URGENT >> BULLETIN >> MOVING: Judge Begins Process Of Ordering Judgments Against Zeek Net Winners; Millions Awarded So Far, Millions More Pending
Screen shot of the proposed final judgment against veteran HYIP huckster T. LeMont Silver in the Zeek clawback cases.
URGENT >> BULLETIN >> MOVING: At long last, there is a spectacular crack in the ceiling of MLM HYIP Ponzi Land!
Senior U.S. District Judge Graham C. Mullen of the Western District of North Carolina has begun the process of ordering judgments against Zeek Rewards’ winners sued by receiver Kenneth D. Bell, according to the docket of the clawback case.
Millions of dollars in final judgments have been awarded so far, with millions more awaiting Mullen’s signature. Bell, for example, is pushing for a judgment of more than $3.1 million against veteran HYIP huckster T. LeMont Silver, his wife and a Silver shell company.
The Silver amount includes more than $2.3 million in winnings, plus more than $802,000 in prejudgment interest. Pending the judge’s signature, any Zeek income derived by the Silvers will become attachable, with the prospect of Mullen also awarding postjudgment interest.
Final judgments against the Silvers and several other Zeek winners could be entered by the end of the year.
Mullen already has issued final judgments against Zeek and AdSurfDaily Ponzi scheme figure Jerry Napier ($2.349 million, including prejudgment interest of more than $600,000); Darren Miller ($2.198 million, including more than $561,000 in prejudgment interest; Aaron Andrews, Shara Andrews and an Andrews shell company ($1.359 million, including more than $347,000 in prejudgment interest).
Longtime HYIP hucksters, Aaron and Shara Andrews were known as Team Aaron Shara.
Each of the orders Mullen already has signed includes this language (italics added):
The Court confirms this amount is the Final Judgment of the Court against this Defendant and hereby authorizes the Receiver to pursue appropriate collection proceedings.
On Nov. 29, Bell won against the named winners and a defendant class of more than 9,400 other winners in summary judgment, meaning the judge rejected arguments they were entitled to keep more than $200 million in Ponzi proceeds.
“How much of that we will be able to collect for distribution to claimants with allowed claims is uncertain at this time,” Bell wrote on Nov. 29. “However, we will pursue collection of these judgments vigorously, and expect the ultimate amount collected will be a substantial sum.”
The money will go to the Zeek losers who filed the appropriate paperwork and whose claims were approved.
Stephen B. Darr, the trustee for TelexFree, has followed Bell’s lead in pursuing net winners from MLM HYIP fraud schemes. Darr effectively has sued more than 93,000 alleged TelexFree winners.
Other receivers in HYIP cases potentially could follow the leads of both Bell and Darr in pursuing clawback litigation against alleged winners.
NOTE: Our thanks to the ASD Updates Blog.
FYI:
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ANNOUNCEMENT FROM THE RECEIVER – December 9, 2016
On November 10, 2016 the Court granted the Receiver’s motion to disallow and forfeit recognized claims if the claimant does not electronically sign the required Release and OFAC certification by December 31, 2016. All claimants who fall into this category received emails on October 1, November 1 and December 1 asking them to complete the process. They received another email from the Receiver today making a personal appeal for them to sign the forms online. These claimants must follow these steps:
Log into the online claim portal at https://cert.gardencitygroup.com/zrwdet/fs/home. If you have forgotten your Registration ID and/or password, you can retrieve them by clicking on the link directly below the login box labeled “Click here if you have forgotten your Registration ID or Password.”
Once logged in, click the button “Proceed with claim completion process” on the Claimant Summary page under the Claim Status section of that page (it is in the center of the page you reach upon logging in).
Review the Declaration and Release. To complete and submit the Declaration and Release, check the box that states “I certify under penalty of perjury that the foregoing is true and correct” type your first and last name in the electronic signature of claimant box, and then click the “I Agree and Electronically Sign the Declaration and Release” button.
Review the OFAC Certification. To complete and submit the OFAC Certification, check the box that states “I certify under penalty of perjury that the foregoing is true and correct,” type your first and last name in the electronic signature of claimant box, and then click the “Confirm Certification” button.
Confirm or update your contact information for payment.
Click the “Complete Claim Determination Process” button.
You have now completed the submission of your Release and OFAC Certification. You may logout of the online claim portal or return to the Claimant Summary page.
For further assistance completing the OFAC Certification screen, please view the instructional video found here: http://www.zeekrewardsreceivership.com/OFACandRelease.
Failure to complete this process by December 31, 2016 will result in forfeiture of claim, meaning a distribution check will never be issued.
AFFILIATES WHO HAVE ALREADY RECEIVED A DISTRIBUTION DO NOT NEED TO DO ANYTHING FURTHER IN ORDER TO BE ELIGIBLE TO RECEIVE ANY SUBSEQUENT DISTRIBUTION THAT THE RECEIVER MAY MAKE. Those affiliates have already completed the required process.
This is not a new opportunity to file a claim. The time to make a claim ended on September 5, 2013 by order of the Court. Please do not attempt to file a claim now.
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Source: http://zeekrewardsreceivership.com/
Patrick
This couldn’t happen to a more deserving bunch of miscreants. We know they are all going to claim poverty, but I hope he makes them really pay. I would like to see him make them sell their house, car, jewelry, or whatever they bought with these ill-gotten gains. Would serve them right.
Todd Disner is already promoting his next Ponzi de Jour, and I think Aaron and Shara Andrews are as well; and wouldn’t be surprised the others are as well. It’s all they know how to do.