Securities and Exchange Commission v. Bivona et al

Filing 272

ORDER RE NOVEMBER 16, 2017 STATUS CONFERENCE AND PROPOSED CLAIM FORM. Signed by Judge Edward M. Chen on November 14, 2017. (Attachments: # 1 Attachment - Proposed Revisions to Claim Form)(emclc1, COURT STAFF) (Filed on 11/14/2017) (Additional attachment(s) added on 11/14/2017: # 2 Certificate/Proof of Service) (emcsec, COURT STAFF).

Securities and Exchange Commission v. Bivona et al., Case No. 3:16-cv-1386 (N.D. Cal.)

If you invested money with
SRA Management Associates, LLC, managed by John
Bivona, or any of the entities below, you may be entitled to
relief if you complete and send this claim form
by December 31, 2017.
A federal court authorized this notice. This is not a solicitation from a lawyer.
•

This case involves an action for securities fraud initiated by the Securities and Exchange
Commission. The court has placed all all assets belonging to the following entities under the
control of a Court-appointed Receiver:
Defendant Entities 1

Affiliated Entities

SRA Management Associates,
LLC
SRA I, LLC
SRA II, LLC
SRA III, LLC
Clear Sailing Group IV, LLC
Clear Sailing Group V, LLC

FMOF I, LLC
FMOF II, LLC
FMOF Management Associates, LLC
NYPA I, LLC
NYPA II, LLC
NYPA Management Associates, LLC

•

The assets include pre-IPO securities interests in the following companies:
[List Companies]

•

The Court must determine a fair and equitable means to distribute the assets above to
investors in the aforementioned entities, as well as any potential creditors. The purpose of
this claim form is to identity all potential investors and creditors with valid claims against the
Receivership Entities.

•

If you invested money with any of the entities above, or are a creditor, you must
complete and submit this form to the court-appointed Receiver by December 31, 2017.
Completed claims should be delivered to:
Sherwood Partners, Inc.
Po Box 391600
Mountain View, CA 94039
E-mail: [e-mail]

If you have any questions, a representative of the Receiver can be contacted at Sherwood Partners, Inc.,
(650) 329–9996.

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Saddle River Advisors, LLC and Felix Investments, LLC are also defendants in this action, but not entities within
the Receivership.

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PROOF OF CLAIM
This is an important legal document that will affect your legal rights if you have an interest
in one or more of the Receivership Entities as an investor or creditor. If you have an interest in one
or more of the Receivership Entities as an investor or creditor, you must submit this proof of claim
to the Receiver on or before December 31, 2017. Failure to do so could result in the forfeiture of
your claim.
The Court has not yet made any determination determined as to how the assets of the
Receivership Entities will be managed or distributed or how any claims against the Receivership Entities
will be paid. However, when the Court does makes this determination, the information provided in this
Proof of Claim Form will be used to calculate your interest in the Receivership Entities and your
entitlement, if any, to participate in any distribution from the Receivership.
The Receiver has the right to dispute and/or verify any information you have provided in order to
determine the proper distribution amount, if any, to which you may be entitled. The Receiver additionally
reserves the right to request additional documentation supporting your claim at a later date. All original
documentation should be preserved as it may be requested at a future date. If you are an investor, the
Receiver has the right to amend [Court’s Comment: What does this mean?] any information you may
have provided as to your Net Investment Amount. The Receiver does not waive any right to (1) deny,
contest the validity of, or otherwise object to a claim, or (2) if warranted, amend the provided Net
investment Amount.
IMPORTANT INFORMATION TO READ PRIOR TO SUBMITTING THIS FORM:
ANY PERSON OR ENTITY SUBMITTING THIS PROOF OF CLAIM FORM, EXCEPT FOR
STATE AND LOCAL GOVERNMENT ENTITIES, SUBMITS TO THE EXCLUSIVE JURISDICTION
OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
AS TO ANY CLAIMS, OBJECTIONS, DEFENSES, OR COUNTERCLAIMS THAT COULD BE OR
HAVE BEEN ASSERTED BY THE RECEIVER AGAINST SUCH CLAIMANT OR THE HOLDER
OF SUCH CLAIM IN CONNECTION WITH THIS RECEIVERSHIP, INCLUDING THOSE ARISING
OUT OF (1) ANY DEALING OR BUSINESS TRANSACTED BY OR WITH ANY RECEIVERSHIP
ENTITY OR (2) ANY DEALING OR BUSINESS TRANSACTED THAT RELATES IN ANY WAY
TO ANY RECEIVERSHIP PROPERTY.
YOU MUST SUBMIT THIIS COMPLETED FORM, SIGNED UNDER PENALTY OF
PERJURY, SO THAT IT IS RECEIVED BY THE RECEIVER BY NO LATER THAN DECEMBER
31, 2017. SEND YOUR FORM TO:
Sherwood Partners, Inc.
Po Box 391600
Mountain View, CA 94039
YOU CAN ALSO EMAIL
[e-mail]

YOUR

COMPLETED

FORM

TO

THE

RECEIVER

AT:

IF YOU DO NOT SUBMIT YOUR COMPLETED CLAIM FORM BY DECEMBER 31, 2017,
YOU WILL BE FOREVER BARRED FROM ASSERTING ANY CLAIM AGAINST THE
RECEIVERSHIP ENTITIES' ASSETS AND YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY
DISTRIBUTIONS FROM THE RECEIVER. ____ (Please Initial to indicate you have read)

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Contact Information

Please check all that apply:
 I am (we are/my firm is) an investor  and/or creditor  in one or more of the above
Receivership Entities.
 I am (we are/my firm is) a creditor for one or more of the above Receivership Entities.
My contact information is as follows:
Name(s):

_____________________________

Address:

_______________________________

_____________________________
_____________________________

Telephone:

_____________________________

E-mail:

_____________________________

Fax:

_____________________________

Investor Claim
I invested the following amount into one or more of the Receivership Entities on the dates as
follow for the pledged numbers of shares or units.
(Please list each investment separately and for which fund the investment was intended, and the
net investment amount. Net investment amount is the amount invested, net of management fees. Use as
many pages as necessary to list all your investments. If you received a full disbursement of cash or shares
for any particular investment and have provided that information above, do not include that information
again here.)
Date:

_

Intended Fund (e.g., SRA I, LLC):

_

Intended Investment (e.g., Bloom Energy):

_

Net Investment Amount (s):
Shares/Units Purchased

_

Date:

_

Intended Fund:

_

Intended Investment:

_

Net Investment Amount(s):

_

Shares/Units Purchased

_
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Supporting Documents: Please attach copies of any documents that support the investment, such
as cancelled checks, Welcome Letters, statements or subscription agreements. DO NOT SEND
ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER
SCANNING. If the documents are not available, please explain below:

Disbursements Received
Please check only one box:
 I have received cash or stock due from one of the investments identified above.
(Please list each disbursement separately. Use as many pages as necessary to enter all disbursements
received. Include any bank/broker statement, copy of certificates, or acknowledgment of receipt.)
 I have not received any cash or stock due from the investments identified above.

If you have received cash or stock, I have  have not 
received any cash or stock due from my
investment into one or more of the Receivership Entities. (Please list each disbursement separately. Use
as many pages as necessary to enter all disbursements received. Include any bank/broker statement, copy
of certificates, or acknowledgment of receipt.)
please provide information about the cash or stock you have already received below. Please list each
disbursement separately. Use as many pages as necessary to enter all disbursements received. Include
copies of any bank/broker statement, copy of certificates, or acknowledgment of receipt.
Fund Invested (e.g., SRA I, LLC):

_

Pre- IPO Investment (e.g., Bloom Energy):

_

Original Amount Invested:

___________________________

Amount of shares
or Cash Received:

____________________________

Date Received:

____________________________

Amount of shares or Cash Outstanding:
Fund Invested (e.g., SRA I, LLC):
Pre IPO Investment (e.g., Bloom Energy):

____________________________
____________________________
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Creditor Claim
If you are am a creditor of one or more of the Receivership Entities. (Below, please list any loans,
fees for service, unpaid wages separately and the entity for which you are a creditor. Use as many pages
as necessary to list all of your claims).
Date debt was incurred: ________________________________
Amount of Claim (as of the date of the Receivership, October 11, 2016): $_______________
 Check box if all or part of claim is secured.
 Check box if claim includes interest or other charges in addition to the principal amount
Principle amount of the claim: $_____________
Interest or other charges: $___________
Please attach a statement that itemizes all interest or other charges.
Basis for Claim: (check one)
 Goods sold

 Services performed

 Money loaned

 Equipment leased

 Taxes

 Equity Interest (Not investments)

 Other (Describe briefly): ______________________________________
___________________________________________________________
If a court judgment exists, what date was the judgment obtained and what is the amount of the judgment:
_________________________
_
Supporting Documents: Please attach copies of any documents that support your creditor claim,
such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts,
judgments, mortgages, and security agreements. If the claim is secured, attach copies of documents
providing evidence of perfection of a security interest. DO NOT SEND ORIGINAL DOCUMENTS.
ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING. If the documents are not
available, please explain below:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________

Investor Claim
I invested the following amount into one or more of the Receivership Entities on the dates as
follow for the pledged numbers of shares or units. (Please list each investment separately and for which
fund the investment was intended, and the net investment amount. Net investment amount is the amount
invested, net of management fees. Use as many pages as necessary to list all your investments. If you
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received a full disbursement of cash or shares for any particular investment and have provided that
information above, do not include that information again here.)
Date:

____________________________

Intended Fund (e.g., SRA I, LLC):

____________________________

Intended Investment (e.g., Bloom Energy):

____________________________

Net Investment Amount (s):

___________________________

Shares/Units Purchased

____________________________

Date:

____________________________

Intended Fund:

____________________________

Intended Investment:

____________________________

Net Investment Amount(s):

____________________________

Shares/Units Purchased

____________________________

Supporting Documents: Please attach copies of any documents that support the investment, such
as cancelled checks, Welcome Letters, statements or subscription agreements. DO NOT SEND
ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER
SCANNING. If the documents are not available, please explain below:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________

Attestation
I have enclosed copies of my subscription(s), cancelled check(s) or other acknowledgment of my
investment or claim, as well as the most recent correspondence and/or information I received from Saddle
River Advisors, et. al., including a copy of my most recent statement form to support the above claim. I
acknowledge that I have read, understood, and agreed to all of the requirements above.
I declare under penalty of perjury that all the foregoing information is true and correct.
Executed in _________________ ____________on _______________, 2017.
Signature:

________________________________

Print Name:

________________________________

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