Case Studies

Federal Regulatory Receivership of Investment Fund

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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Home·Federal Regulatory Receivership of Investment Fund

The Situation

The US-based fund’s Taiwanese investor-base was unable to trace the use of their contributions or the status of the SEC’s investigation into the defendants’ US securities violations.

The US District Court appointed J.S. Held as Federal Regulatory Receiver to provide experienced forensic, real estate and claims administration as part of its investigation and recovery efforts.

How We Advised

After a complaint was filed by the Securities & Exchange Commission (SEC) against an investment fund alleging securities fraud and orchestration of a Ponzi scheme by the key principals of the investment manager, Stapleton located, managed and sold assets to achieve a recovery for the investors.  Our process involved an elaborate forensic accounting of the sources and uses of investor contributions.  Our conclusions aided the SEC in securing a Motion for Summary Judgment against the defendant and individuals involved with orchestrating the Ponzi scheme.

 

Obstacles & Our Solutions

  • The fund had misappropriated investors’ contributions and the investors wanted their capital returned.
    • Our experts conducted comprehensive forensic due diligence, uncovering several multi-million dollar investments in and transfers to commercial assets, single-purpose real estate entities and entity insiders.
    • We uncovered a list of hundreds of real properties owned or licensed by the receivership entities and performed a title review to determine the status of each. Ultimately, we took control of approximately 50 real properties located throughout California, and their associated loans, and listed them for sale. To-date, J.S. Held has sold approximately 30 properties and a portfolio of approximately 10 loans to generate proceeds for investors and victims of the Ponzi scheme.
    • Our team attained permission from the court to file lis pendens against certain properties owned by these entities and recovered at least $350,000 from one particular disgorgement target.
  • Our experts located income-producing property purchased with the investors’ capital.
    • Our in-house property management team maximized the value of the assets by collecting rent and handling all property-related repair, maintenance and code-compliance requirements.
    • We managed the process of marketing and selling the homes.
    • Our team pooled all recoveries and designed a claims process to determine appropriate distributions of funds to investors.

Key Contact

David Stapleton, CPA, CLPF
Senior Managing Director
Strategic Advisory Practice
+1 213 235 0601
[email protected]

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues.

 

> Solutions for Distressed Situations
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth.

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