Traffic Monsoon Receiver clawbacks to target 4,800 net-winners
Following on from claims process approval, the Traffic Monsoon Receiver has now filed for permission to pursue net-winners.
A March 5th motion filed by the Receiver seeks to recover Traffic Monsoon funds and assets, via ‘clawback actions, turnover actions, and other litigation‘.
As we saw in Zeek Rewards, the Traffic Monsoon Receiver is setting the clawback bar at $1000 or more.
That is to say if you’re a Traffic Monsoon affiliate who stole $1000 or more, you’re likely to be the subject of clawback proceedings.
Based on her investigation, there are over 4,800 Net Winners who received $1,000 or more in false profits from Traffic Monsoon while it operated under the control of Scoville.
Collectively, these Net Winners profited in amounts exceeding $42,000,000.
As to how net-winners will be sued,
the Receiver currently anticipates filing a class action against the Net Winners for avoidance and recovery of fraudulent transfers under the Utah Uniform Voidable Transactions Act, common law fraudulent transfer, unjust enrichment, and imposition of constructive trusts.
The Receiver also currently anticipates bringing suit for turnover of certain funds that may not be returned upon demand.
Targeted net-winners will include offshore investors, which as per my understanding make up the majority of Traffic Monsoon investors.
No word on how judgement will be enforced overseas. From memory (I’m not a lawyer disclaimer), you get an order in the US and then pursue it internationally through local counsel.
The barrier is cost effectiveness, which with $42 million in play shouldn’t be a problem for a while yet.
There is also likely going to be the option to settle, but there’s no mention of that in the Receiver’s lawsuit.
As at the time of publication a decision on the Receiver’s motion remains pending.
Update 25th March 2019 – The Receiver has been granted permission to pursue Traffic Monsoon net-winner clawbacks.