Receiver files Motion for Summary Adjudication (link attached) recommending the Court subordinate the largest receivership claim (approximately $7.3 million) as a trade creditor to claims of investor victims.
NOTICE OF AVAILABILITY OF PROOF OF CLAIM FORM AND CLAIM BAR DATE
NOTICE is hereby given that James D. Sallah, Esq. not individually, but solely in his capacity as Court-Appointed Receiver (the “Receiver”) ”) for JCS Enterprises Inc., d/b/a JCS Enterprises Services Inc., T.B.T.I. Inc., My Gee Bo, Inc., JOLA Enterprise Inc., and PSCS Holdings, LLC (collectively, “the Receivership Entities”) has made available a Court-approved Proof of Claim Form to any person and/or entity electing to submit a claim seeking a Court-approved distribution from the Receivership Entities’ assets. Download the Proof of Claim Form to submit here.
NOTICE is also hereby given that in order to be eligible to receive a distribution of the Receivership Entities’ assets, including, without limitation, the settlement proceeds of actions brought by the Receiver to recover the Receivership Entities’ assets, all persons and/or entities must complete the Proof of Claim Form (including the sworn oath on the last page) and return it, with the requested documentation, so that it received on or before 5:00 p.m. on November 27, 2017 (the “Claim Bar Date”) to: Office Manager, Sallah Astarita & Cox, LLC, 2255 Glades Rd., Ste. 300E, Boca Raton, Florida 33431. If the completed Proof of Claim Form is not received and signed under penalty of perjury at the above-referenced address by the Claim Bar Date, you will be forever barred from asserting any claim against assets collected by the Receiver or other assets transferred to the Receivership Entities, including, without limitation, the settlement proceeds of any actions brought by the Receiver to recover the Receivership Entities’ assets, and such persons and/or entities will not be eligible to receive any money from the Receiver.
On March 2, 2018, the Receiver files Sixth Report with the Court, which is available here.
On April 3, 2017, the Receiver filed a “Motion to Approve Claim Form, Manner of Notice of Claim Form, and Claims Bar Date” with the Court. The Motion and attached proposed Claim Form may be found under Court Documents.
On March 31, 2017 the Receiver filed two motions with the Court. One motion seeks to pool the assets of JCS, TBTI, JOLA, PSCS, and GeeBo into a single Receivership Estate for the purposes of a more efficient and cost effective Court approved claims process. The second motion seeks to transfer assets in “TBTI Defined Pension Plan” into the Receivership Estate for the purposes of the eventual distribution to approved claimants. Both motions may be found under Court Documents.
Receiver files Fifth Report with the Court, which is available here.
The Receiver is pleased to announce that he has obtained a declaratory judgment against Damon and Cathy Barnes providing him with an lien over assets worth approximately $400,000. As a result of this declaration, the Receiver has had the assets in those accounts transferred to the Receivership Estate without any tax penalties or withholding. A copy of the Declaratory Judgment can be found on this website under "Lawsuits Filed."
Frequently Asked Questions (Taxes) is available here.
As background, on April 7, 2014, the United States Securities and Exchange Commission ("SEC") filed an emergency action alleging that JCS Enterprises, Inc., d/b/a JCS Enterprises Services, Inc., T.B.T.I. Inc., Joseph Signore, and Paul L. Schumack II (the "Defendants") were violating the federal securities laws by, among other things, engaging in a Ponzi scheme. As part of the action, the SEC filed a Complaint and sought emergency relief from the United States District Court for the Southern District of Florida, including an Ex Parte Motion for a Temporary Restraining Order to freeze assets and an Emergency Motion Seeking the Appointment of a Receiver over both JCS Enterprises, Inc., d/b/a JCS Enterprises Services, ("JCS") and T.B.T.I. Inc. ("T.B.T.I.") (collectively, the "Receivership Entities"). Specifically, the SEC's Complaint alleges that, from at least 2011 through the present, the Defendants fraudulently raised at least $40 million from hundreds of investors nationwide through the ongoing sale of investments in virtual concierge machines.
On the same day, the Honorable Donald M. Middlebrooks, United States District Judge for the Southern District of Florida, granted the SEC's Emergency Motion Seeking the Appointment of a Receiver and issued an order entitled Amended Receivership Order, which appointed James D. Sallah, Esq. as the Receiver over both JCS and T.B.T.I. This means that the Court ordered Mr. Sallah, in his capacity as the Receiver, to "take immediate possession of all property, assets and estates of every kind of JCS and T.B.T.I., among numerous other things." On April 14, 2014, the Court expanded the Receivership Entities to include a company named My Gee Bo, Inc. On December 11, 2014, the Court again expanded the Receivership Entities to include two companies named JOLA Enterprises Inc. and PSCS Holdings, LLC. On December 12, the Court reappointed Mr. Sallah as Receiver.
Since his initial appointment as Receiver, Mr. Sallah and his engaged professionals, including accountants, lawyers, and investigators, have been working to identify and secure assets of the Receivership Entities. This web site was created to provide information to investors regarding the efforts of the Receiver to discover, marshal, and preserve for the benefit of all investors the funds and assets of the Receivership Entities. As this web site will be updated frequently with selected Court filings, investor letters, and other materials, we encourage all investors and interested persons to visit frequently. Any interested person may review all of the publicly-available court filings for the instant matter by creating an account and accessing the federal court system’s "Public Access to Court Electronic Records," or "PACER," which is located at https://www.pacer.gov. In the event that any investor or individual concern is not addressed within this website, please contact the Receiver by email at firstname.lastname@example.org.