Filed: Jun. 04, 2018
Latest Update: Jun. 04, 2018
Summary: ORDER APPROVING FINAL DISTRIBUTION OF RECEIVERSHIP ASSETS TO INVESTORS, APPROVING PAYMENT OF FINAL ATTORNEY'S FEES AND EXPENSES, APPROVING WIND UP OF RECEIVERSHIP AND DISCHARGING RECEIVER RICHARD F. BOULWARE, II , District Judge . WHEREAS this Court appointed Sally B. McMinimee the Receiver for Inteligentry, Ltd., and its related entities on May 18, 2015, and, WHEREAS the Receiver, by Motion dated May 8, 2018 seeks approval of the final distribution of Receivership assets to the Investors
Summary: ORDER APPROVING FINAL DISTRIBUTION OF RECEIVERSHIP ASSETS TO INVESTORS, APPROVING PAYMENT OF FINAL ATTORNEY'S FEES AND EXPENSES, APPROVING WIND UP OF RECEIVERSHIP AND DISCHARGING RECEIVER RICHARD F. BOULWARE, II , District Judge . WHEREAS this Court appointed Sally B. McMinimee the Receiver for Inteligentry, Ltd., and its related entities on May 18, 2015, and, WHEREAS the Receiver, by Motion dated May 8, 2018 seeks approval of the final distribution of Receivership assets to the Investors,..
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ORDER APPROVING FINAL DISTRIBUTION OF RECEIVERSHIP ASSETS TO INVESTORS, APPROVING PAYMENT OF FINAL ATTORNEY'S FEES AND EXPENSES, APPROVING WIND UP OF RECEIVERSHIP AND DISCHARGING RECEIVER
RICHARD F. BOULWARE, II, District Judge.
WHEREAS this Court appointed Sally B. McMinimee the Receiver for Inteligentry, Ltd., and its related entities on May 18, 2015, and,
WHEREAS the Receiver, by Motion dated May 8, 2018 seeks approval of the final distribution of Receivership assets to the Investors, approval of the payment of final attorney's fees and expenses, and the wind up of the Receivership and an Order discharging the Receiver.
BASED ON Receiver's Motion, and good cause appearing, IT IS HEREBY
ORDERED that the Receiver's Final Report and Final Accounting is APPROVED.
IT IS FURTHER ORDERED that the actions and activities taken by or on behalf of the Receiver and all payments made by the Receiver in connection with the administration of the receivership estate are APPROVED and CONFIRMED.
IT IS FURTHER ORDERED that the receivership administrative expenses incurred in this receivership proceeding, including the Receiver's fees and expenses as previously set forth in the Plan of Distribution are APPROVED. Receiver is AUTHORITZED to pay from the assets of Inteligentry, Ltd., and its related entities, or the receivership estate:
a. $23,000.00 owed to the Corporate Defendants' counsel pursuant to the Court's March 20, 2017 Ruling;
b. $3,700.00 to Miller Kaplan Arase, LLP.
c. The invoices of the Receiver and her associates at Prince, Yeates & Geldzahler dated from May 4, 2016 through the wind up of the Receivership for reasonable fees and expenses totaling the discounted amount of $30,000.00.
d. $5,600.00 shall be held in reserve for estimated fees for preparation of a 2018 tax return, distribution issues, and closure of the fund.
IT IS FURTHER ORDERED that the Receiver shall distribute the remaining assets of the receivership estate to the Eligible Claimants as follows:
Investor Name Actual Loss Loss Ratio Distribution
(USD)
Charles D. Bagwell $10,000.00 0.682% $822.78
Betty McLeod Family 3,000.00 0.205% 246.83
Trust, CA
Eric Blankenburg 5,000.00 0.341% 411.39
Kevin Brite 4,000.00 0.273% 329.11
Dennis L. Brown & Alison 5,000.00 0.341% 411.39
Martin
Robert A. Brown 1,000.00 0.068% 82.28
Bryan Burns 4,000.00 0.273% 329.11
Jacqueline Busuttil & Peter 10,000.00 0.682% 822.78
Busuttil
Thomas J. Carpenter 15,000.00 1.023% 1,234.17
Robert Christianson 4,000.00 0.273% 329.11
Forrest Collins 4,000.00 0.273% 329.11
Thomas Corey 1,000.00 0.068% 82.28
Dale Dawson 10,000.00 0.682% 822.78
Robert Deering 19,000.00 1.296% 1,563.28
Craig DeSalvo 10,000.00 0.682% 822.78
Dunvegan Enterprises, 11,000.00 0.750% 905.06
LLC, CA
ECEM Salzburg Energy 50,000.00 3.409% 4,113.89
and Environment
Consulting GmbH
Thomas Egrie 4,000.00 0.273% 329.11
Arlen J. Erickson 3,000.00 0.205% 246.83
Randy Fowler 4,000.00 0.273% 329.11
G&G Products 10,000.00 0.682% 822.78
Douglas Gano 5,000.00 0.341% 411.39
Gary S. George & Akemi 6,000.00 0.409% 493.67
George
Michael Girouard 525,000.00 35.800% 43,195.85
Isabelle Gramp 4,000.00 0.273% 329.11
Simon C. Gramp 4,050.00 0.276% 333.23
Tijana Gramp 4,000.00 0.273% 329.11
J. Scott Hallenberg 4,000.00 0.273% 329.11
Robin Hamilton 10,000.00 0.682% 822.78
Terry M. Hamilton 50,000.00 3.409% 4,113.89
Jerry Scott Hansen 4,000.00 0.273% 329.11
John Hansvick 4,000.00 0.273% 329.11
Roy L. Hearn or Patricia L. 2,000.00 0.136% 164.56
Hearn
Sean Hegarty 2,000.00 0.136% 164.56
John E. Hodge 10,000.00 0.682% 822.78
James M. Horn 20,000.00 1.364% 1,645.56
Stefan Johansson 10,100.00 0.689% 831.01
Johnny C. Kaspar 5,000.00 0.341% 411.39
Mitzey G. Keefer 10,000.00 0.682% 822.78
Richard A. Kelley 4,000.00 0.273% 329.11
Darcy Kells 1,000.00 0.068% 82.28
KimeMulch CCF, LLC 5,000.00 0.341% 411.39
Richard D. Leavitt 1,000.00 0.068% 82.28
William J. Liebhart 10,000.00 0.682% 822.78
Gary Lingenfelter 5,000.00 0.341% 411.39
David J. Lystrom 10,000.00 0.682% 822.78
Colin A. Malaker 100,000.00 6.819% 8,227.78
Lawrence W. Markus 4,000.00 0.273% 329.11
Robert S. McCleary & 5,000.00 0.341% 411.39
Eleanor B. McCleary
Brian McDermott 1,000.00 0.068% 82.28
Joseph McGarty 4,000.00 0.273% 329.11
Betty McLeod 39,000.00 2.659% 3,208.83
Earl D. McNamee & 15,000.00 1.023% 1,234.17
Maureen F. McNamee
Walter E. Meador, III 5,000.00 0.341% 411.39
Richard Meyer 4,000.00 0.273% 329.11
Kirk Miller 10,000.00 0.682% 822.78
Richard D. Miller, Sr. 4,000.00 0.273% 329.11
Timothy Newman 3,000.00 0.205% 246.83
Daniel Nims 10,000.00 0.682% 822.78
Trudee Nims — New 10,000.00 0.682% 822.78
Direction
Michael Ondrasek 4,000.00 0.273% 329.11
Warren Opheim 6,350.00 0.433% 522.46
Corazon Pagnotta 20,000.00 1.364% 1,645.56
Gino Pagnotta 20,000.00 1.364% 1,645.56
Thomas Pagnotta 20,000.00 1.364% 1,645.56
Christian Parent 1,000.00 0.068% 82.28
Charles Paul 10,000.00 0.682% 822.78
Rekha Pavasia 20,000.00 1.364% 1,645.56
Jerard Pearson 1,000.00 0.068% 82.28
RDH Worldwide, LLC 5,000.00 0.341% 411.39
Ernest Rice 4,000.00 0.273% 329.11
Fernando J. Rivera Cruz 10,000.00 0.682% 822.78
Linda Roberts 4,000.00 0.273% 329.11
Mark Rudnicki 2,000.00 0.136% 164.56
Rebecca Rudnicki 2,000.00 0.136% 164.56
Gerald R. Ryberg 8,000.00 0.546% 658.22
Garrin Samii 10,000.00 0.682% 822.78
M E Shalla & Edra R. 4,000.00 0.273% 329.11
Shalla
SINEL GmbH 50,000.00 3.409% 4,113.89
Jeffrey & Tina Smathers 20,000.00 1.364% 1,645.56
Beverly Stokes 3,000.00 0.205% 246.83
Glenn A. Taylor 10,000.00 0.682% 822.78
Devin Tetz 4,000.00 0.273% 329.11
Dorothy R. Thompson 4,000.00 0.273% 329.11
David Tyson 5,000.00 0.341% 411.39
Charley Wade or Nancy 60,000.00 4.091% 4,936.37
Wade
George Walton or Barbara 5,000.00 0.341% 411.39
Jacques
Narcia L. Watson 10,000.00 0.682% 822.78
Mark Weber 5,000.00 0.341% 411.39
Paul R. Williams 10,000.00 0.682% 246.83
Ronnie Williams 3,000.00 0.205% 822.78
Thomas Zuger 10,000.00 0.682% 822.78
TOTALS $1,466,500.00 100% $120,660.42
IT IS FURTHER ORDERED that if for any reason monies remain in the Disgorgement Fund after six (6) months from the date the funds are disbursed to the Eligible Claimants in accordance with the Plan, and payment of any remaining fees to Miller Kaplan Arase, the Receiver shall pay such funds to the United States Treasury.
IT IS FURTHER ORDERED that the Receiver shall transmit the records and/or personal property of the Corporate Defendants subject to the receivership and of any other corporations or businesses under the control of any of those defendants in the possession, custody or control of the Receiver to the SEC.
IT IS FURTHER ORDERED that any assets not administered by the Receiver as of the closing of the receivership estate are deemed ABANDONED.
IT IS FURTHER ORDERED that upon the completion of the Receiver's wind up of the estate, payment of administrative expenses and final distribution of funds as provided herein, the Receiver, its agents, employees, members, officers, independent contractors, attorneys and representatives are (a) DISCHARGED; (b) RELEASED from all claims and liabilities arising out of and/or pertaining to the receivership herein; and (c) RELIEVED of all duties and responsibilities pertaining to the receivership previously established in this action.
