Major roadblock for TelexFree victim distributions removed
Unbeknown to me (and I imagine a fair for of you), the Plaintiff’s Interim Executive Committee (PIEC) and TelexFree Trustee have been at loggerheads over investment flow.
Following two rulings that sided with the Trustee on the matter, now a First Circuit appeal decision has also followed suit.At issue between the PIEC and Trustee is who will go after net-winners with respect to fund recovery.
The Trustee wants to pursue avoidance actions (payments within TelexFree were made to avoid the law), whereas PIEC is asserting unjust enrichment.
These adversarial positions are rooted in a disagreement pertaining to the flow of new investment within TelexFree.
When an existing participant recruited someone new into the scheme, TelexFree would send an invoice to the new participant for the membership fee.
One way the new participant could satisfy the invoice was by paying the company the membership fee directly, although only about twelve percent of membership fees were paid that way.
The much more common method used was that the new participant paid her membership fee directly to the participant who recruited her.
TelexFree then would remove from the recruiting participant’s account credits of equal value to the membership fee that this recruiting participant retained.
TelexFree then considered the new participant’s invoice satisfied and, once annually, issued an Internal Revenue Service Form 1099 to the recruiting participant for the value of the credits he redeemed.
Existing TelexFree participants could monetize their accumulated credits this fast and reliable way.
To summarise, the majority of new investment into TelexFree was collected by recruiting scammers (upline payments).
TelexFree deducted credits from their account and from this method of new investment, saw no actual revenue.
The Trustee classifies these upline payments as a single “triangular transaction”.
He argues that the payments made by the new participants to the recruiting participants were integral to the economics of the TelexFree scheme and are best understood as an indirect way for the new participants to pay TelexFree membership fees and TelexFree simultaneously to pay the recruiting participants for their accumulated credits.
PIEC takes the position that upline investment consisted of three separate transactions.
The “victims” PIEC represents who want to exercise their “personal rights” against recruiters who “pocketed their hard-earned savings” were the persons harmed, not TelexFree.
When the issue was first raised in the bankruptcy court, the court sided with the Trustee.
This position was adopted by a District Court, leading to PIEC filing a First Circuit appeal.
On October 31st the First Circuit ruled in favor of the Trustee.
Because we reject PIEC’s arguments, we affirm the district court’s order.
The legal weight behind the decision is heavy. But as best as I can tell, the decision basically means a significant clawback roadblock has been removed.
As a result of the First Circuit’s decision, PIEC will not be able to pursue any independent clawback action (PIEC initiated proceedings years ago).
If I’m wrong on this please correct me in the comments below, but I think part of the reason PIEC is against counting upline transactions for the purpose of clawback, is because it disqualifies a significant number of victims.
These victims don’t have any record of investment placed directly with those that recruited them.
Personally I have little sympathy for these claimants.
Everyone knew TelexFree was a Ponzi scheme and more often than not, these under the table transactions were made with the intention of avoiding traditional banking channels (on both the part of investor and scammers recruiting them).
While no doubt there are likely other roadblocks still to be dealt with, the First Circuit’s ruling means TelexFree victims are nonetheless one step closer to distribution.
Stay tuned…
From what I have read from this piece, distribution might not even be there since there seems to be ”more other roadblocks” waiting to obtain in this case!
I think it is worth forgetting and getting other sources to pay off people who think we lured them into the ponzi!
Cases of appeal also take long to be decided besides!
that is correct wagalo. the trustee already has a whopping 180 million dollars in a bond, and yet, no distribution will be made in the near future.
there will be months and months of hearings regarding the claimants who still haven’t come to an agreement with the trustee.
as of right now wagalo, you shoud know. 98% of the filed claims are already approved and ready to go, NINETY EIGHT PERCENT!!!!!. trustee has the money. and yet, they choose to not distribute the funds on the account of less than 2% of the claimants who are still unresolved.
which goes to show you there is no real intention of disbursing that money, they way they see it, they just secured themselves a paycheck for the next 10 years “working this case” and they’ll just eat up our money in fee application little by little.
funny how OZ hasnr made a single mention on the fact that the trustee was handed over hunderds of millions of dollars under a court order that directly orders that money to be paid exclusiveley to telexfree victims……
heres the doc for the intrested parties….
kccllc.net/telexfree/document/1440987190919000000000007
i also find appalling how judge Hoffman is fear mongering victims and telling them “distribution could be zero”…
yeah judge please explain how distribution could be zero if the trustee is sitting on over 180 million dollars?????
will the trustee keep that money, violate the court order, and not give it to victims??
because thats the only way distribution could be zero…
im telling you wagalo, they’re rying to play us for fools, yet again….
Conspiracy theories aside, this is standard procedure.
standard procedure is holding back the dollar amount of the 2% unresolved claims………and distributing the remainder of those 180+ million dollars to the 98% of the populace holding an approved claim.
also…hows this for conspiracy theory… trustee hasn’t filed and interim fee application in over a year… did they all start working for free?
I *think* that’s not practical in this instance as you have too many clowns claiming millions they “earned”. I could be wrong but that’s just a thought.
Interesting point and one I can’t answer.
The clowns claiming millions have already been formally disallowed in court. What remins is people who got disputed and answered and are fighting for their claims, it would be utterly fancyful to try and say that 2% of those claims are worth so sommuch that what would remain of the 180+ millions is so insignificant to distribute that it would be inpractical…
The calculated amnt of those 2% claims does not surpass the 50million usd. Its public record….
T he clowns claiming millions have already been formally disallowed in court. What remins is people who got disputed and answered and are fighting for their claims, it would be utterly fancyful to try and say that 2% of those claims are worth so sommuch that what would remain of the 180+ millions is so insignificant to distribute that it would be inpractical…
The calculated amnt of those 2% claims does not surpass the 50million usd. Its public record….
Fair enough then. I too agree the TelexFree Trustee has taken far too long to get the ball rolling.
”MAJOR ROAD BLOCK REMOVED……” Not another major roadblock put!?
Then what? Should we start considering the option of selling our claims to third party agents in order to get back something?
As if that is suicidal Gon!
if youre okey waiting till probably septemeber or august 2020 for the actual distribution. dont sell.
if youre done waiting and more than half a decade is your limit. sell sell sell!!!
Thanks a lot for the advice, i can be patient but reading news like this make someone feel stupid about it. Thank you.
Gon do you know how much those guys are giving to you after the discount?
No idea godfrey, do you know?
wagalo my dear fiend, according to the trustee status report, there are 340 million dollars already approved, the truste bonded 180 million dollars in cash, he also has over 40 real estate properties that are yet to be sold and liquidated.
so for a first distribution, we can expect the cash moneys to be disbursed (180million), simple math says that 340/180= 53%………
so basically, on a first distribution, you can all expect approximately half of what your claim is approved for, and more money to be recieved in a second or 3rd distribution once real estate assets have been sold, and the trustee recovers money from the net winners.
if were lucky, after a 3rd or 4th distribution were looking at 80 – 85% of our claim amount returned.
anyway let’s hope they’re doing something!
GONZALO 202, YOU MEAN THE DISTRIBUTION WILL BE PIECE MEAL?
YES wagalo, my dearest friend, the distribution will be in pieces, the first distribution MAYBE you get HALF of what your claim amount is…..MAYBE……… could be 40%…… and then HOPEFULLY we will get more on a SECOND distribution
SECOND distribution also can take years and years to happen……
In regard to the payout percentage, there are too many factors that have to be taken into consideration to determine the percentage.
Not everyone lost money. Some lost a little money and some lost it all. Some never filed a claim, and others filed but their claim was denied.
In regard to the properties, it is unknown how long it will take to sell them and how much money they will bring after all the expenses are paid. The same would hold true for any cars, boats, airplanes, jewelry, etc..
I do expect to see the distribution paid out in phases just like Zeek Rewards.
I do expect to see the distribution paid out in phases just like Zeek Rewards.
tHATS NOT ISSUE LYNN. The issue is when?
i lready told you. late 2020.
I have no idea of why it has not started yet, but I do know that the judge has to signoff on the request for distribution to begin.
If the Receiver has not filed it with the judge, then it is on the Receiver for the delay. If the Receiver has, it is on the judge to set the date and he is reason for the delay.
It sucks no matter whose fault it is that disbursements haven’t started.
Its good to manage our expectations, I guess 2020 is only 12 months away 🙂
Any indication whether payment is by Check or wire transfer, would hate for it to bounce after the long wait
yeah.. trustee has not filed the distribution request…. no will he any time soon. those guys are still trying to figure out claim objections…..
payment will be done by check to individual claimants…… those checks will be US dollar checks, and yeah….good luck cashing those if youre not in the USA……
so expect checks bouncing, having to send those back to the trsutee, paying a cancellation fee and waiting for the trustee to either issue new check and send by mail, or wait for trustee to come to the realization that….
wire transfer will inevitably have to be done…. so hold on to your boots, because this is gonna be a doozy!
wagalo…..hearing have been continued for FEBRUARY 25……. HAHAHAHAHA so distribution is not even happening early 2020…..
EVERYONE SELL SELL SELL ALL YOUR CLAIMS TRUSTEE WILL NEVER EVER PAY.