Receiverships 2

Waxenberg Receivership (now closed)

Wiand Guerra King regularly serves as receivers, monitors, and other appointed fiduciaries and as their counsel, and also represent entities and individuals impacted by these matters.  We have broad experience in all facets of these matters and have successfully litigated numerous related issues in state and federal courts.

REPRESENTATIVE EXPERIENCE

  • Served as court-appointed federal receiver and receiver’s counsel in connection with an FTC and Florida Attorney General enforcement proceeding directed at a credit card debt relief telemarketing and credit card laundering scam. FTC et al. v. E.M. Sys. & Servs., LLC et al., Case 8:15-cv-1417-T-23EAJ (M.D. Fla.)
  • Served as court-appointed state receiver and receiver’s counsel in connection with a Florida Office of Financial Regulation enforcement proceeding directed at a $17+ million Ponzi scheme involving purported investments in medical account receivables. FL Office of Fin. Reg. v. Tri-Med Corp. et al., Case 14-CA-001695 (FL 6th Jud’l Cir. Ct.)
  • Served as court-appointed federal receiver and receiver’s counsel in connection with an FTC enforcement proceeding directed at a timeshare resale scam. FTC v. Nat’l Solutions LLC et al., Case 6:11-cv-1131-ORL-22-GJK (M.D. Fla.)
  • Served as court-appointed federal receiver and receiver’s counsel in connection with an SEC enforcement proceeding directed at an approximately $350 million fraudulent scheme operated through a series of hedge funds. SEC v. A. Nadel et al., Case 8:09-cv-87-T-26TBM (M.D. Fla.)
  • Served as court-appointed federal receiver and receiver’s counsel in connection with an SEC enforcement proceeding directed at a $140+ million Ponzi scheme operated through several hedge funds, including concurrent prosecution of approximately 80 clawback cases. SEC v. H. Waxenberg et al., Case 8:05-cv-1076-T-24MSS (M.D. Fla.)
  • Served as court-appointed federal receiver and receiver’s counsel in connection with an FTC enforcement proceeding directed at second timeshare resale scam. FTC v. Resort Solution Trust, Inc., et al., Case No. 8:13-cv-1329-T-33TBM (M.D. Fla.)
  • Served as court-appointed state receiver and receiver’s counsel in connection with a Florida Attorney General’s Office enforcement proceeding directed at deceptive and misleading sales of vacation club memberships.  Office of the Attorney General, State of Florida, Department of Legal Affairs v. Map Destinations, LLC, et al., Case No. 2015-CA-011413-O (FL 9th Jud’l Cir. Ct.)
  • Served as court-appointed state receiver and receiver’s counsel in connection with a Florida Office of Financial Regulation enforcement proceeding directed at a $8 million + fraudulent investment scheme involving luxury motorcoach rentals. FL Office of Fin. Reg. v. Universal Luxury Coaches, LLC, Case N. 04-CA-2130-16-W (FL 18th Jud’l Cir. Ct.)

SIGNIFICANT DECISIONS

  • Wiand, as Receiver v. Dancing $, LLC, 578 Fed. App’x 938 (11th Cir 2014) (upholding Receiver’s standing and ability to pursue “clawback” claims on behalf of receivership entities under the Florida Uniform Fraudulent Transfer Act)
  • Wiand, as Receiver v. Lee, 753 F. 3d 1194 (11th Cir. 2014)
  • Wiand, as Receiver v. Meeker, 572 Fed. App’x 689 (11th Cir. 2014)
  • E.C. v. Quest Energy Mgmt. Group, Inc., 768 F. 3d 1106 (11th Cir. 2014)
  • In re Burton W. Wiand R’ship Cases Pending in the Tampa Division of the Middle District of Florida, 2008 WL 818504 (M.D. Fla. 2008)
  • Add Interest on FUFTA decision(s)
  • Add red flags decision denying claim involving Fulcrum?
  • Prejudgment interest

INDIVIDUALS

Burton W. Wiand

Michael S. Lamont

Jared J. Perez

Matthew J. Mueller

Jordan D. Maglich