Securities And Exchange Commission v. Torchia et al
Filing
271
OPINION AND ORDER directing that Defendant James Torchia and Marc Celello shall, on or before November 30, 2016, execute an assignment to River Green of each of the Policies in substantially the form attached as Exhibit D to the Receivers Motion [263.1], and shall execute any other document as may be requested by the Receiver or an insurer to perfect an assignment of the Policies to River Green and the Receiver. Signed by Judge William S. Duffey, Jr on 11/23/16. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
1:15-cv-3904-WSD
JAMES A. TORCHIA, CREDIT
NATION CAPITAL, LLC, CREDIT
NATION ACCEPTANCE, LLC,
CREDIT NATION AUTO SALES,
LLC, AMERICAN MOTOR
CREDIT, LLC, and SPAGHETTI
JUNCTION, LLC,
Defendants.
OPINION AND ORDER
This matter is before the Court on the Receiver’s Emergency Motion to
Compel Reassignment of Policies of River Green Capital, LLC into the
Receivership Estate [263] (“Motion”). Al Hill, the Receiver (“Receiver”)
appointed in these proceedings, moves to compel the assignment of property of
River Green Capital, LLC (“River Green”) into the receivership estate.
The Receiver shows that Defendant James Torchia and Marc Celello are
listed as the named owner, beneficiary, or both of certain policies listed in
Exhibit A to the Receiver’s Motion [263.1] (the “Policies”). On October 25, 2016,
the Court issued an order [253] expanding the Receivership to include the assets of
River Green. It is not disputed by Mr. Torchia and Mr. Celello that River Green is
the owner of the Policies. The Receiver has determined that listing Mr. Torchia
and Mr. Celello as owner, beneficiary, or both on the Policies is hampering the
Receiver’s ability to assume control and possession of the assets of River Green.
The Receiver has requested Mr. Torchia and Mr. Celello to assign their Policy
interests to River Green, and, to date, neither individual has complied. The
Receiver thus seeks an order requiring Mr. Torchia and Mr. Celello to assign their
ownership and beneficiary interests in the Policies to River Green to “clear up any
confusion the insurers may have concerning ownership of Policies and expedite a
sale of the Policies in the future.” (Mot. at 3).
The Court notes that the records of insurers who issued the Policies listed on
Exhibit A largely show Mr. Torchia as the owner and beneficiary of the Policies,
which puts at risk, or at least impedes, the availability of death benefits that may be
payable under one or more of the Policies. This risk includes the possibility of
payment of benefits to Mr. Torchia if he remains the named beneficiary. The risk
of payment of benefits on policies owned by River Green to other than River
Green is enhanced by Mr. Torchia’s refusal to cooperate with the Receiver to
control and manage the Policies at issue.
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In managing a receivership, courts sit in equity. In shaping equity decrees,
the Court has broad powers and wide discretion. See SEC v. Elliott, 953 F.2d
1560, 1566 (11th Cir. 1992) (the district court has broad powers and wide
discretion to determine relief in an equity receivership); see also SEC v. Drucker,
318 F. Supp. 2d 1205, 1206 (N.D. Ga. 2004). Under the Court’s April 25, 2016,
Order [66], the Court granted the Receiver broad power to control the Receivership
Assets. Under the Court’s October 25, 2016, Order expanding the Receivership,
the Receiver has control of River Green’s assets. It is not disputed by Mr. Torchia
or Mr. Celello that River Green is the owner of the Policies. The Receiver’s
request for an assignment of the Policies is in furtherance of the duties required of
him by the Court’s April 25, 2016, and October 25, 2016, orders.
For the foregoing reasons,
IT IS HEREBY ORDERED that Defendant James Torchia and Marc
Celello shall, on or before November 30, 2016, execute an assignment to River
Green of each of the Policies in substantially the form attached as Exhibit D to the
Receiver’s Motion [263.1], and shall execute any other document as may be
requested by the Receiver or an insurer to perfect an assignment of the Policies to
River Green and the Receiver.
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SO ORDERED this 23rd day of November, 2016.
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