Question 1

What is a Receiver?

Accepted Answer

The Receiver is the individual who assumes responsibility for all assets of the entities in receivership in the civil enforcement action brought by the Securities and Exchange Commission (SEC). The Receiver is responsible for determining how the business was operated and where its assets are located. The Receiver also is charged with operating the business and reporting to investors and other interested parties. Ultimately, the Receiver will determine the amounts owed to individual creditors and investors and will distribute available assets in accordance with a plan approved by the Court.

A Receiver is an officer of the Court, not an employee of the SEC, and ultimately reports to the Court. In this case, Allen D. Applbaum, is the Court-appointed Receiver for the various Receivership Entities.

Question 2

What authority does the Receiver have?

Accepted Answer

The Court’s Order governs the authority of the Receiver. Federal courts have specific powers, known as “equitable” powers, to order relief to advance the purposes of the federal securities laws, preserve investor funds, and ensure that wrongdoers do not profit from their unlawful conduct. Courts may grant broad powers to receivers, including the authority to sue on behalf of the receivership and to gather, manage and liquidate receivership assets on behalf of potential creditors and harmed investors. A receiver is charged with acting in “good faith” and performing duties with “reasonable diligence.” A receiver is generally required to report to the Court periodically.

Question 3

I am an investor of one of the Receivership Entities. Can I get my money back now?

Accepted Answer

The Court has entered an Order freezing all assets and funds of the Receivership Entities until the Court authorizes otherwise.

Question 4

How much of my investment will I receive?

Accepted Answer

It is too soon to determine how much investors will receive from the Receivership Entities. The Receiver is working to protect the assets of the Receivership Entities, but there is no way to predict at this early date how much will be returned to each investor or when that will happen.

Question 5

Should I send copies of my papers proving that I am an investor to the Receiver?

Accepted Answer

Yes, you can submit your information through the form available here.(https://arciterrareceivership.com/contact#inquiry-fom) Alternatively you can send an email with your information and documents to receiver@arciterrareceivership.com

Question 6

I am creditor of one of the Receivership Entities. When will I receive payment?

Accepted Answer

The Receiver’s professionals are developing a process to receive and analyze unsecured claims for debts incurred by the Receivership Entities prior to the commencement of the Receivership on December 21, 2023.  At the appropriate time, the Receiver will seek court approval of a claim filing process.  The Receiver will develop a claim review process to determine the amounts owed on debts incurred pre-receivership.

Nevertheless you may submit informal inquiries or identify yourself as a creditor by clicking here.(https://www.arciterrareceivership.com/contact)

Question 7

When will I receive my K-1?

Accepted Answer

Please see the attached document for information regarding K-1's.

Question 8

Can I review the Complaint and the Amended Receivership Order?

Accepted Answer

Yes. These documents, and other filings and court orders that may be of interest can be found on the Key Court Documents page.(https://www.arciterrareceivership.com/key-court-documents)

Question 9

Is the Receiver my lawyer?

Accepted Answer

No. The Receiver is an agent of the Court and is effectuating the Court’s orders. The Receiver will, however, be investigating potential claims or methods of recovery that can be pursued for the benefit of investors in the Receivership Entities.

Question 10

How can I stay informed of progress in this case?

Accepted Answer

The Receiver will post new information on this website from time to time, including Key Court Documents,(https://www.arciterrareceivership.com/key-court-documents) and Receiver Reports.

Question 11

If I have other questions, how can I get them answered?

Accepted Answer

Contact information for the Receiver is available through the following link.(https://www.arciterrareceivership.com/contact)