Announcements

The Settlement Conference previously scheduled for 11/13/2020 is rescheduled. New scheduling date and time: Settlement Conference set for 11/20/2020 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Mediation summaries due on or before 11/13/2020. The Settlement Conference will be conducted via Zoom, and the new login information will be sent separately. Click Here to view Order [205] for all other details.

On July 31, 2020, the Court held a show cause hearing to address whether the temporary restraining Order granted by the Court on February 14, 2020, should be converted to a preliminary injunction. The Court granted the SEC’s motion in an Order dated August 17, 2020, making the following findings:

• The Defendants most likely operated as a Ponzi scheme using new investor funds to pay old investor obligations while simultaneously siphoning funds for their own benefit far and above any amount that anyone might reasonably believe was disclosed to investors;
• The Commission [SEC] will likely be able to prove that Defendants Davison and Rybicki used the investor money to purchase high-end luxury items;
• The Commission has demonstrated a substantial likelihood of proving it will prevail on its Section 5 and Section 10(b) claims based on the affirmative evidence developed to date demonstrating fraud, the sale of unregistered securities, and representations to investors that were materially false;
• Defendants Davison and Rybicki are controlling individuals of Defendant EquiAlt and the other Corporate Defendants; and
• Defendants [Davison and Rybicki] appear to have had equally shared responsibilities and acted in concert to successfully perpetrate the Ponzi scheme.

Additionally, the Court granted the Receiver’s motion to expand the receivership to include the REIT and Qualified Opportunity Zone (“QOZ”).

View Order on Motion for Preliminary Injunction

The Court conducted a full hearing on July 31, 2020 on all outstanding issues.  The Court’s rulings will be posted on this website as they are issued. The Receiver is continuing his efforts to maximize the Receivership estate for the benefit of the investors and creditors.

The press and the public can request remote access to the Show Cause Hearing scheduled for Friday, July 31, 2020 at 10:00 AM. The approval of such requests is in the Court’s discretion. You can request remote access through the following link – https://www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public

The Court has rescheduled the Show Cause Hearing to Thursday, July 16, 2020 at 1:30 PM in Tampa Courtroom 7. The Court has set aside two hours for the hearing. See Court’s Notice (Doc. 104) here.

On May 8, 2020, the Receiver filed is First Quarterly Status Report.  The Report may be viewed here.

View Letter

The Show Cause Hearing previously scheduled for Thursday,  February 27, 2020, at 1:30 p.m., is rescheduled for Wednesday, May 13, 2019 at 1:30 PM.

FOR IMMEDIATE RELEASE

Washington D.C., Feb. 18, 2020 —

The Securities and Exchange Commission today announced an emergency enforcement action and a temporary restraining order and asset freeze against Florida-based private real estate firm EquiAlt LLC, its CEO Brian Davison, and its Managing Director Barry Rybicki, in connection with an allegedly fraudulent unregistered securities offering that raised more than $170 million from at least 1,100 investors, a number of whom invested their retirement funds.

According to the SEC’s complaint, unsealed Feb. 14, 2020, in the U.S. District Court for the Middle District of Florida, EquiAlt, Davison, Rybicki, and the entities they control, fraudulently raised millions of dollars by making material misrepresentations to investors about EquiAlt’s investment strategy, the financial condition of the investments, and the uses of investor proceeds. The defendants allegedly told investors they would pool investor funds and use approximately 90% of the money to purchase undervalued real estate, rent or flip the properties, and pay investors 8-10% annual interest generated from the real estate investments. In reality, the complaint alleges, a large portion of investor money went to support Davison’s and Rybicki’s lavish personal spending, and less than 50% of the funds raised were used to invest in properties. In addition, money from one investment fund controlled by EquiAlt was allegedly used to make Ponzi-like payments to investors in another fund.

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