Securities and Exchange Commission v. Mantria Corporation et al

Filing 713

ORDER: the SEC's Motion to Transfer Funds for Distribution 712 is DENIED, without prejudice. SO ORDERED by Judge Christine M. Arguello on 5/12/2022.(sphil, )

Case 1:09-cv-02676-CMA-MJW Document 713 Filed 05/12/22 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-02676-CMA-MJW
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
MANTRIA CORPORATION,
TROY B. WRAGG,
AMANDA E. KNORR,
SPEED OF WEALTH, LLC,
WAYDE M. MCKELVY, and
DONNA M. MCKELVY,
Defendants.
_____________________________________________________________________
ORDER DENYING MOTION TO TRANSFER FUNDS FOR DISTRIBUTION
_____________________________________________________________________
This matter is before the Court on the United States Securities and Exchange
Commission’s (“SEC”) Motion to Transfer Funds for Distribution (the “Motion”). (Doc.
# 712.) For the following reasons, the Motion is denied.
The SEC requests that this Court transfer funds collected by the SEC from
Defendant Amanda Knorr, plus accumulated earnings, to the Registry of the Court
account in a parallel criminal proceeding in the Eastern District of Pennsylvania. (Doc.
# 712 at 1.) The SEC also requests that any future funds be disbursed directly to the
Registry of the Court in the Eastern District of Pennsylvania. (Id. at 1–2.)
The SEC has failed to provide sufficient factual support for its Motion. In this
case, a Receiver has been appointed, and the Court approved a Distribution Plan. (Doc.
# 708). The SEC does not explain how the requested transfer of funds comports with
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Case 1:09-cv-02676-CMA-MJW Document 713 Filed 05/12/22 USDC Colorado Page 2 of 2

the Distribution Plan in this action. Although the SEC states that the victims in this
action are “the same or substantially the same” as in the criminal case, the SEC does
not address how transferring money to the Registry of the Court in the Eastern District
of Pennsylvania conforms with the Distribution Plan in this case. Further, the Court has
not received a status update from the Receiver since August 13, 2020. (Doc. # 709.)
Accordingly, the Court does not have information regarding what monies have been
distributed to the individuals listed in the Distribution Plan and what monies remain to be
paid.
Accordingly, for the foregoing reasons, the SEC’s Motion to Transfer Funds for
Distribution (Doc. # 712) is DENIED, without prejudice.
DATED: May 12, 2022

BY THE COURT:
_____________________________
CHRISTINE M. ARGUELLO
United States District Judge

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