Motion Filed for Approval of Third Interim Distribution of $20 Million

On May 23, 2025, the Receiver filed a motion seeking approval to make a third interim distribution to all claimants with allowed claims once the Receivership bank and investment accounts reach a total balance of $25 million, which the Receiver anticipates will occur in the next few months. A copy of the Receiver’s motion is available here. The Receiver is seeking permission to make an interim distribution of approximately $20 million which will provide claimants a recovery of more than 100% of their approved claim amounts. Recovering 100% of claimants’ approved claim amounts is a rare and remarkable feat, but the Receiver has and likely will continue to produce even better results. In the motion, the Receiver proposed two components to this distribution. For investor claimants, the first component will bring these claimants’ recovery to 100% of their Allowed Amounts (as that term is defined in the motion). The second component will mitigate the opportunity costs investor claimants lost during the Receivership’s pendency by investing in the scheme underlying this Receivership based on the defendants’ misrepresentations instead of a “well-managed portfolio” represented by the average annual return of the S&P 500. The proposed amounts for these two components are set forth on Exhibit 1 attached to the motion. If this distribution is approved, total distributions to date will equal approximately 107% of the Allowed Amounts of investor claimants entitled to participate. For non-investor claimants, the Receiver has proposed paying those claimants with approved claims their full Allowed Amounts and interest pursuant to Florida Statutes Section 55.03 during the pendency of their claims. The proposed amounts for these two components for non-investor claimants are set forth on Exhibit 2.

If the motion is granted, the Receiver will make every effort to promptly send distribution checks by U.S. Mail once the Receivership accounts reach the required threshold of $25 million. This website will be updated once the Court enters an order on the motion. If you have any questions regarding this motion or the claims process, you may contact the Receiver’s professionals at (813) 321-0513 or receivershipclaims@burtonwwiandpa.com. Please note that the Receiver will not be sending 1099s or any other tax documentation to investor claimants if this distribution is approved. The Receiver and his professionals cannot provide any tax advice to any claimants. It is recommended that you consult with your tax professional regarding any questions you may have relating to your taxes.