Receiverships

Members of Damian & Valori, LLP have extensive experience serving as court-appointed equity receivers and distribution agents, legal counsel to receivers, and class counsel in a number of actions brought in federal and state court and related bankruptcy proceedings, arising from enforcement actions brought by the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Florida Department of Financial Services, and private causes of actions involving various types of businesses.  As receiver and counsel to the receiver, members of the firm have successfully marshaled and recovered funds and assets worth millions of dollars, and provided substantial returns to the defrauded investors.

Serving as Receiver or Distribution Agent

U.S. Commodity Futures Trading Commission v. Worth Group, Inc., et al., (Case No. 9:13-cv-80796-KLR), pending in the U.S. District Court for the Southern District of Florida, Court-Appointed Corporate Monitor (www.worthmonitor.com) ($30 million precious metal company)

U.S. Commodity Futures Trading Commission v. Hunter Wise Commodities, LLC et al.; Case No. 9:12-cv-81311-DMM, pending in the U.S. District Court for the Southern District of Florida, Court-Appointed Corporate Manager and Special Monitor (www.hunterwisemanager.com) ($150 million commodities fraud)

U.S. Securities and Exchange Commission v. We the People Inc. of the United States; Case No. 2:13-cv-14050-JEM, pending in the U.S. District Court for the Southern District of Florida, Court-Appointed Receiver (wethepeoplereceivership.com) ($75 million securities fraud)

U.S. Securities and Exchange Commission v. Aubrey Lee Price, PFG, LLC, et al. (Case No. 12-CV-2296-TCB), pending in the U.S. District Court for the Northern District Georgia, Court-Appointed Receiver (www.pfgreceivership.com) ($55 million securities fraud)

U.S. Securities and Exchange Commission v. Sean Nathan Healy, et al. (Case No. 09-CV-1330), U.S. District Court for the Middle District of Pennsylvania, Court-Appointed Receiver (www.healyreceivership.com) ($18 million securities fraud)

U.S. Commodity Futures Trading Commission v. Sean Nathan Healy, et al. (Case No. 09-CV-1331), U.S. District Court for the Middle District of Pennsylvania, Court-Appointed Receiver (www.healyreceivership.com) ($18 million commodities fraud)

U.S. Securities and Exchange Commission v. Marc Roup, et al. (Case No. 09-CD-01685), U.S. District Court for the Western District of Pennsylvania ($5 million securities fraud)

U.S. Securities and Exchange Commission v. Concorde America, Inc., et al., Case No. 05-80128-CIV-ZLOCK/SNOW, U.S. District Court for the  Southern District of Florida, Miami Division (Court-Appointed Distribution Agent)

U.S. Securities and Exchange Commission v. Bio-Heal Laboratories, Inc., et al., Case No. 05-21116-CIV-SEITZ/O’SULLIVAN, U.S. District Court for the Southern District of Florida, Miami Division (Court-Appointed Distribution Agent)

State of Florida Office of Financial Regulations v. Robert Kurland Mortgage Co., Inc., Case No. 05-11974 CA 30, Eleventh Judicial Circuit in and for Miami-Dade County, Florida (Court-Appointed Receiver)

U.S. Mortgage Finance II, LLC v. 1910 Island LLC, et al. (Case No. 09-59348 CA 02), pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida

U.S. Mortgage Finance II, LLC v. 3079 Aventura Lakes, LLC (Case No. 09-59337 CA 13), pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida

U.S. Mortgage Finance II, LLC v. 1406 Mystic Point, LLC (Case No. 09-59351 CA 13), pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida

Serving as Counsel to Receiver

U.S. Securities and Exchange Commission v. Charles O. Morgan, as Personal Representative of the Estate of Frederick J. Kunen (Case No. 07-22204-CIV-Gold/Turnoff) U.S. District Court for the Southern District of Florida (www.optionstradingfraud.com) ($15 million securities fraud)

U.S. Securities and Exchange Commission v. Terry E. Provence and DT Capital, LLC (Case No. 07-23167-Gold/Turnoff), U.S. District Court for the Southern District of Florida (www.optionstradingfraud.com) ($15 million securities fraud)

Amanecer Investment Company, LLC v. Amanecer Christian Network, Inc., et al. (Case No. 05-11974 CA 30), Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida

U.S. Securities and Exchange Commission v. Viatical Capital, Inc., et al. (Case No. 03-CV-1895-T-23-TGW), U.S. District Court for the Middle District of Florida ($60 million enforcement action)

U.S. Securities and Exchange Commission v. Pension Fund of America, L.C., et al. (Case No. 05-20863-CIV-MOORE), U.S. District Court for the Southern District of Florida ($130 million enforcement action)

State of Florida Department of Insurance v. Future First Financial Group, Inc., et al. (Case No. 02-1598 CA 55), Seventh Judicial Circuit Court in and for St. Johns County, Florida ($250 million enforcement action  proceeding initiated by the predecessor to the Florida Department of Financial Services)

In re Fenix Financial Group, Inc. and Omega Finance Corporation, (Case No. 03-17363-RAM), U.S. Bankruptcy Court for the Southern District of Florida (represented Department of Financial Services as Receiver of Aries Insurance Company in bankruptcy cases of its principals and related companies)

Serving as Class Counsel

Jerry Gustin, et al. v. Paul A. Hoffman, et al., Case No. 6:08-cv-00057-Orl-31-DAB, U.S. District Court for the Middle District of Florida, Orlando Division (Court-Appointed Class Counsel in receivership action)

U.S. Securities and Exchange Commission v. Mutual Benefits Corp., et al. (Case No. 04-60573 CIV-MORENO) (represented class of investors who recovered more than $85 million – 100% recovery – in $1.5 billion enforcement action)

Nancy Butler-Jones, and Hywel Jones, Nelson I. Del Toro, Mehmet Sahin, Linda Meyers, and William Davis v. Sterling Casino Lines, L.P., Sextant Sterling I, Inc., and John Brevick, Case No. 6:08-cv-01186-ACC-DAB, U.S. District Court for the Middle District of Florida, Orlando Division, Court-Appointed Class Counsel

Guillermo Santacruz, et al. v. Velocity Express Corporation, Velocity Express Leasing, Inc., Velocity Express, Inc., Case No. 1:08-cv-21591-WMH, pending in the U.S. District Court for the Southern District of Florida, Miami Division, Counsel for Plaintiffs, Served on Court-Appointed Executive Committee for Class Plaintiffs in Multi-District Suit

Armando Sicard, Karen Cirillo, and Alexis Jose Nevares v. Aquasino, LLC, Case No. 08-20976-CIV-LENARD/GARBER, U.S. District Court for the Southern District of Florida, Miami Division, Counsel for Collective Class Action Plaintiffs