EminiFX investors flood CFTC docket with improper filings
Disgruntled EminiFX investors have flooded the CFTC case docket with pro se motions.
The motions demand the Judge reconsider an earlier order approving EminiFX Receivership expenses.
As is standard procedure in MLM Ponzi cases, the appointed EminiFX Receiver filed a motion seeking approval for fees and expenses on August 4th.
The court approved the Receiver’s request for $990,777 in fees and $5,660 in expenses over May and June 2022. The court’s memo endorsement approving the costs was filed on August 5th.
In what appears to be a coordinated effort, EminiFX investors flooded the CFTC case docket with pro se letters across August 9th to 16th.
The letters appear to be based on a template seeking reconsideration of the August 5th decision.
I come before you to request that the Court grant my request to reconsider your approval of the foregoing expense request submitted by the receiver and to grant me fourteen days to allow me sufficient time to review the receiver’s request with proper legal assistance and show cause.
In a remarkable show of disrespect towards the court and judicial process, fifty-two docketed letters were received from the following investors;
- Chantale Poulard
- Anne Augustin
- A. Augustin (duplicate)
- Reverend Dr. F. Augustin
- Reverend N. Augustin
- Sannecie Pongnon
- Eddy Alexandre (???)
- Expresse Noel
- Cheranne Williams
- Yves Rose
- Moise Remulus
- M. Remulus (duplicate)
- H. Louis-Pierre
- Jean Richard Anthenor
- Lola Cetoute
- Jean A. Parent
- Edwine Sointelny
- J. Toussaint
- Joseph Victorin
- Ipolia Mareus
- F. Jean-Baptiste
- Marie Paul Delva
- Manpaline Townsand
- Sharon Dubrezil
- Petithor Anthonius
- Annette Dubrezil
- Hermana Pascal
- Rodna Milor
- Mirtha Benjamin
- Schneidal Pierre
- Augusma Vixsama
- Carine Jean Baptiste
- Sebastian Parent
- Jean Paul
- Derrick Coppin
- Yvette Cetoute
- Eveline Saintel-Marius
- Wervel Mareus
- Valerie Pascal
- Birlie Celestie S B
- Kettly Jean Baptiste
- M. Clotilde Nazaire
- Lesly Paul
- Annerithe Jean Pierre
- Shardly Obas
- Lulianne Casimir
- Monique Belizaire
- K. Honare
- Serge Jean Louis
- Joseph Cadet
- Luce Castor and
- Gervedy Boyer
The court first attempted to address the letter spam on August 12th;
If the investors wish to intervene in this matter, they must refile their letters with a Motion to Intervene stating the grounds on which they wish to intervene.
The Court notes, however, that the proper method for the investors to air their grievances with the Receiver’s actions is through the direct methods of communication that were specifically created for EminiFX investors to communicate with the Receiver.
Although the Receiver’s request for $990,777.86 in fees and $5,660.42 in expenses may appear high, the Court granted the Receiver’s motion because the Court found that the fee request was reasonable in light of the Court’s experience with the work that was done during the period covered by the fee application.
This didn’t stop the spam though, prompting a second order on August 17th.
The Pro Se Department is respectfully directed to refrain from docketing any further form letters from pro se nonparties seeking reconsideration of the Court’s order granting the Receiver’s request for fees without approval from Chambers.
The total number of letter spam filings from EminiFX investors is unknown. The fifty-two that were docketeted were all ordered stricken as improper filings.
In conclusion, everybody’s time was wasted.