Frequently Asked Questions |
|
| What is a "receivership"? | | When a judicial enforcement action is brought by the SEC to immediately restrict conduct prohibited under United States securities laws, the SEC frequently seeks appointment by the court of a receiver to take control of the assets of the defendants pending the outcome of such enforcement action. The receiver is an officer of, and overseen by, the court.
In this Litigation, the Receiver was appointed by the Court and charged with, among other things, preserving and protecting the assets of the Receivership Defendants pending a Court-determination of whether or not the Northridge Entities or Glenn C. Mueller and/or other defendants violated any securities law or other applicable law. The assets subject to Receivership include the real estate assets of the Receivership Defendants. |
| When will I receive any of my investment back? | | Before the Receiver can make a distribution to investors or creditors of the Receivership Defendants:
- The Court must make a determination of liability (or the parties may agree to such liability) and must authorize the making of distributions from the Receivership Defendants’ assets.
- Sufficient assets must be available for distribution, reserving for (a) the costs of the administration of the Receivership, (b) any penalties or fines imposed by the SEC and (c) other contingencies.
- A roster of reconciled claims and amounts owed to each creditor / investor must be prepared.
The Receiver cannot estimate how long this process will take at this time. |
| How much of my investment will I receive back? | | At this early stage of the Litigation, the Receiver has located and determined the recoverable value of certain assets of the Receivership Estate. The Receiver believes those assets may have substantial equity.
However, the Receiver is continuing his investigation of the assets of the Receivership Estate and has retained professionals to assist him in locating and managing those assets. Further, the Receiver has not yet determined the total amount of claims against those assets. Accordingly, the Receiver cannot estimate investor / creditor recoveries at this time.
|
| What do I need to do next? | | If you have not already received a letter from the Receiver dated September 16, 2019, please contact us using the Contact Us tab with your current contact information.
- The Receiver will periodically post important updates in the Litigation as well as other material information on this website or by letter notice to you.
- We encourage parties in interest to visit this website and check for updates periodically.
- At some point in the future, you will be required to complete a claim form (the “Claim Form”) stating the amount owed to you by the Receivership Defendants. There will be a deadline set by which such forms must be submitted.
- In due course, the Receiver will post the Claim Form and any deadlines on this website and will provide other notification as directed by the Court. This information is not yet available.
- Further, in order to assist with his investigation of the assets of the Receivership Estate, the Receiver requests that each investor preserve any and all documents (whether electronic or on a paper writing) related to your investment, including the following:
- Records evidencing your investment;
- Records evidencing any payment(s) you received from the Receivership Defendants;
- Account statement(s); and/ or
- Communications with the Receivership Defendants or any of their respective officers, directors, partners, shareholders, owners, employees, agents, attorneys, financial advisors or other professionals.
|
| How do I file a claim for my investment? | | During the Litigation, a Claim Form will be mailed to all investors (and creditors). The Claim Form, when published, will be very detailed and contain instructions. It will provide for separate categories for (a) unpaid principal, (b) pre-Receivership accrued (but unpaid) interest and (c) post-Receivership accrued interest.
- Please continue to monitor this website and check for further notices regarding updates regarding the claims process.
- In the event there is a discrepancy in the values of your claim to our records we will contact you directly.
|
| Is periodic (e.g., quarterly) interest added to the total claim during the Receivership (e.g., each quarter)? | | Please see the response to the prior question. Additionally,
- Information on accrued interest will be collected as part of the claim process.
- How accrued interest will ultimately be treated will be addressed in the plan of distribution that the Receiver is required to file with the Court.
- The terms of the plan of distribution will be developed after all information is collected and investigations completed. Investor input on the terms of the plan of distribution may be solicited broadly and in any event the plan of distribution will require notice and Court approval.
|
| Are personal assets of Glenn C. Mueller (e.g., homes, autos, etc.) included in the Receivership Estate? | | Presently, no.
- The Receivership Defendants only include the Northridge Entities and related, corporate entities. Assets of the Receivership Estate do not presently include personal assets of Glenn C. Mueller.
- The SEC has filed suit against Glenn C. Mueller (and the Northridge Entities) and has stated in its pleadings it will be seeking significant damages.
- During the investigative phase of the Receivership, the Receiver will be investigating whether he has claims against Glenn C. Mueller.
- The SEC, however, has frozen certain personal assets of Glenn C. Mueller.
|
| Do you advise that I hire an attorney? | | We cannot and are not giving legal advice, including whether or not to hire an attorney. Further, we do not know any individual investor’s situation so it might be prudent to have your situation evaluated by your lawyer. There is a “stay” in place pursuant to the Receivership Order which prohibits the filing of any action against the Receivership Defendants (and all affiliates and related entities) but it has a limited exception that may apply to actions against unrelated entities on causes of action that differ from what might be brought by the Receiver. |
| Do I need to file any papers with the Court regarding my potential claims? | | You do not need to file any documents with the Court regarding your potential investment claims against the Receivership Defendants. Investors are owed money and are creditors of the Receivership Defendants, pending final analysis and determination of their claims. (Note that the foregoing does not constitute legal advice. Please consult your attorney regarding any such legal advice.) |
| Will I receive periodic interest payments? | | At this time, all distributions to investors have been suspended by law. The Court has entered an order freezing the assets of the Receivership Defendants during this Litigation.
Further, the Receiver’s mandate is to (a) protect and preserve assets of the Receivership Defendants for the benefit of investors / creditors, (b) possibly liquidate such assets, (c) investigate / prosecute claims held by the Receivership Defendants and (d) ensure an orderly distribution of the assets after Court-approval of a plan of distribution.
Due to the complexity of the Northridge Entities’ corporate structure and financing vehicles, it is not possible (at this time) to determine what the recovery might be on an individual investment. Although we cannot predict with any certainty the estimated recovery values at this time, it is possible that your principal will be compromised when asset liquidations are completed, final claim amounts are determined and distributions are finalized. It is also possible that interim distributions may be made before the completion of the case, but we cannot verify or determine definitively whether that will occur at this time.
|
| Will I receive payment to comply with applicable “required minimum distribution” (an “RMD”) rules during the Litigation? | | Pursuant to the foregoing paragraph, these distributions have also been suspended.
Please consult with your accountant or tax professional regarding any exceptions or extensions that may allow you to avoid paying federal or other tax penalties arising from failure to receive an RMD related to your IRA investment in any of the Receivership Defendants. We believe such exceptions may exist.
Further, the Receiver is presently considering whether and how to provide you and/or the IRS with additional notice, specifically regarding RMDs. Let us know if your accountant requires anything from us for you to qualify for an exception. |
| When will K-1s or account statements be available for 2019? | | The Receiver is investigating whether and how to prepare and distribute (at the appropriate time) tax-related records (e.g., K-1s) to individual investors regarding their investments. Further, the Receiver is considering whether and how to provide (at the appropriate time) other investor account-related reporting that Northridge had provided to investors in the ordinary course, pre-Receivership. (Note that the foregoing does not constitute legal or tax advice. Please contact your tax attorney or other tax professional for advice regarding the foregoing issues.) |
| Will the Receiver pursue individual investor claims? | | The Receivership may pursue claims on behalf of the Receivership Defendants after a thorough investigation. Regarding potential claims of individual investors that are unrelated to the Litigation, the Receivership Estate and the Receivership Defendants, please contact your attorney. |
| How do I file a claim for my investment? | | Please continue to monitor this website and any letter notices you receive via U.S. Mail for more information about the Litigation, including the claims process and related dates and deadlines. As part of the claims process the Receiver may provide further information regarding your claims against the Receivership Defendants. |
|
|