Announcements

5324 5th Avenue North, Saint Petersburg, FL 33710

Court Grants Receiver’s Motion to Approve Sale of Real Property – 5324 5th Avenue North, St. Petersburg

On November 18, 2020, the Court Grants Receiver’s Motion to Approve Sale of Real Property – 5324 5th Avenue North, St. Petersburg. The Motion may be viewed here.

On November 10, 2020, the Court Verified MOTION for Miscellaneous Relief, Approve Sale of Property – 5324 5th Avenue North, St. Petersburg. The Motion may be viewed here.

EquiAlt Receivership

Mediation Settlement Conference Postponed

The Mediation-Settlement Conference previously scheduled for November 20, 2020 has been postponed following an Order from the Court and will be rescheduled by separate Order from the Court.

EquiAlt Receivership

NOTICE OF RESCHEDULING HEARING

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.

4203 W. Bay Villa Avenue, Tampa, Hillsborough County, FL 33611

Court Grants Receiver’s Motion to Approve Sale of Real Property – 4203 West Bay Villa Ave.

On September 24, 2020, the Court Grants Receiver’s Motion to Approve Sale of Real Property 4203 West Bay Villa Ave., Tampa. The Motion may be viewed here.

On September 17, 2020, the Receiver’s NOTICE OF LACK OF BONA FIDE OFFERS REGARDING THE SALE OF 4203 West Bay Villa Ave., Tampa, may be viewed here.

On September 9, 2020, the Receiver filed his Motion to Approve Sale of Real Property – 4203 West Bay Villa Ave. The Motion may be viewed here.

6346 Newtown Circle #A3, Tampa, FL 33615

Receiver Files Motion to Approve Sale of Real Property – 6346 Newtown Circle #46A3

On August 28, 2020 the Court granted the Receiver’s Motion. The Order may be viewed here.

On August 7, 2020, the Receiver filed his Motion to Approve Sale of Real Property – 6346 Newtown Circle #46A3. The Motion may be viewed here.

Receiver’s Notice of Publication Regarding the Sale of 6346 Newtown Circle #46A3 may be viewed here.

1803 Brigadoon Drive, Clearwater, Pinellas County, Florida 33759

Receiver Files Motion to Approve Sale of Real Property – 1803 Brigadoon Drive

On August 28, 2020 the Court granted the Receiver’s Motion. The Order may be viewed here.

On August 27, 2020, the Receiver’s NOTICE OF LACK OF BONA FIDE OFFERS REGARDING THE SALE OF 1803 BRIGADOON DRIVE, CLEARWATER, FLORIDA may be viewed here.

On August 14, 2020, the Receiver filed his Motion to Approve Sale of Real Property – 1803 Brigadoon Drive. The Motion may be viewed here.

EquiAlt Receivership

Court Grants Preliminary Injunction and Expands Receivership to Include REIT and QOZ

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

EquiAlt Receivership

Show Cause Hearing Update (Hearing Completed)

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.