TelexFree class-action touts $22.5M Fidelity Bank settlement
I haven’t really been paying attention to the TelexFree class-action case. Mostly due to figuring it wasn’t going to go anywhere competing against the SEC’s own civil case.
Turns out maybe I should have been following along.
On July 7th class plaintiffs entered into a $22.5 million dollar settlement with Fidelity Co-operative Bank.
You might remember Fidelity Bank as being run by John Merrill, brother of jailed TelexFree co-founder Jim Merrill.
As a result of Fidelity Bank assisting TelexFree launder stolen investor funds, the bank previously settled for $3.5 million with the Massachusetts Securities Division.
The signed settlement agreement reveals Fidelity Bank was unsuccessful in dismissing the class-action filed against it.
That prompted the settlement agreement, after which Fidelity Bank ‘shall have no monetary obligation whatsoever in excess of the Settlement Amount.’
The Fidelity Bank settlement, although easily the largest, is in addition to three other previously reached settlements:
- $1.75 million with Base Commerce (then known as Phoenix Payments), John Hughes, Brian Bonfiglio, John Kirchhefer and Alex Sidel (processor used to launder TelexFree funds)
- $425,000 with Synovus Bank (bank used to launder TelexFree funds)
- $100,000 with Joseph Craft and Craft Financial Solutions (TelexFree’s accountant)
As per a created TelexFree settlement website;
The first three settlements received final approval from the Court on July 28, 2020.
The Court must still decide whether to approve the fourth settlement with the Fidelity Bank Defendants.
The case docket reveals preliminary approval of the Fidelity Bank settlement was granted on November 6th.
Looking forward, the court has set a January 11th deadline for anyone who invested in TelexFree to file an objection to the Fidelity Bank settlement.
By doing nothing TelexFree affiliate investors consent to be part of the class-action and receive a share of the reached settlement.
TelexFree affiliate investors can also opt to exclude themselves from the class-action, allowing them to individually sue any of the above defendants if they wish.
A fairness hearing for the Fidelity Bank settlement has been scheduled for February 26th, 2021.
Depending on the outcome of that hearing, I believe TelexFree affiliate class-action members can look forward to a settlement distribution payment later in the year.
As I understand it participation in the TelexFree class-action does not interfere with the TelexFree Trustee claims process.
I am not a lawyer though and you should absolutely seek legal advice if you have any legal questions pertaining to the class-action.
I’ve added the TelexFree class-action to our list of tracked cases. Stay tuned for updates as I continue to monitor the case docket.
Hi, I am just slightly confused here. I did receive a settlement back in August, 39%.
When you say
Is this what I am in? Is this part of the additional settlement money that was suppose to follow?
Not sure what action I should be taking if I want to be involved in additional settlement payments?
Thank you.
This class-action has nothing to do with the Trustee distribution payments.
Hi Oz
Sorry when you say this class action has nothing to do i with the first trustee distribution claim, does it mean I have no potential stake in this payout?
I don’t know what category I fall under?
Thanks!
I thought the legal gymnastics of this nature just only obtain in the third world!
@Michelle
Unless you opt out you have a stake in the class-action claim. No idea how they’re going to sort it out if everything is approved early next year.
@Oz thank you!
WERE THE PLAINTIFFS sure that the distribution of the 22.5 million would be adequate and sufficient (assuming the matter is in their favor) to cater for at least one million claimants?
@wasikye
The Fidelity settlement isn’t intended to make claimants whole, it’s payment for contributing to investor losses.
Such to the extent the amount recovered through the class-action is eventually distributed, it should be seen as supplementary to the Trustee distribution.
THX OZ
Hello,
Anyone have some information about the hearing last month? Will we be able to recover some funds? I didn’t do the trustee one. I would like to recover some funds in this hard times.
Thank you
Updates on Fidelity Bank Settlement through Worcester Business Journal
wbjournal.com/article/significant-portion-of-fidelity-banks-23m-settlement-in-ponzi-scheme-to-be-covered-by
Thanks for that. Case seems to have fallen off my calendar for some reason!
I am lead counsel in MDL 2566. I am sorry that you have not been paying attention to the six years of hard work and the many obstacles thrown in the way of the ONLY lawyers truly representing the victims. We have made progress and are committed to continuing to work hard on behalf of the victims.
Some light being shed on the goings on would have been appropriate.
Those who care about victims must unit to help correct the flaws in the law as soon as possible. Preferably immediately while the House, Senate and Presidency are controlled by those who actually might do something positive.
I welcome you to reach out to me and learn what has happened and what the future may hold. Reform is needed – badly. Financial criminals in the case walked away with hundreds of millions of dollars without recourse for many reasons, basically because the system is sick and warped in their favor.
Hi Robert,
Might want to remove the pole stuck up your ass and re-engage.
I’ve been covering the TF class-action since May 2014, seven years ago.
https://behindmlm.com/companies/telexfree/gerry-nehra-i-payout-named-in-telexfree-class-action/
I’m not even sure what your problem with this article is.