News & Updates
Recent News
June 13, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Receiver's Motion to Approve Payment of Fees here
Notice of Hearing here
Declaration of Receiver R.J. Zayed here
Receivers' Motion to Approve Payment of Fees in the Associated Bank Action here
Notice of Hearing here
Declaration of Receiver Tara Norgard here
June 12, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Notice of Mailing of Receiver's Fifth Interim Distribution here
June 7, 2013
The Receiver has posted an additional answer to a frequently asked question here
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Approving Fifth Interim Distribution here
June 6, 2013
USA v. Beckman et al., 11-cr-228 (D. Minn.):
Sentencing for Patrick Kiley has been set for July 15, 2013, at 9:30 a.m. before Chief Judge Michael J. Davis in Courtroom 15E in Minneapolis.
May 31, 2013
On May 30, 2013, the Receiver filed a motion for approval of his proposed fifth interim distribution. A hearing on the Receiver's motion is scheduled for June 7, 2013, at 9:30 a.m.
If your address or any other information relating to your claim has changed, please contact the Receiver's Office (local: 612-436-9664, toll free: 877-316-6129 or email: info@cookkileyreceiver.com) as soon as possible to avoid any issues or delays with your distribution check.
May 30, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Motion for Order Approving Fifth Interim Distribution here
Notice of Hearing here
May 29, 2013
The Receiver has posted an additional answer to a frequently asked question here
May 16, 2013
R.J. Zayed v. David Buysse et al., 11-cv-1042 (D. Minn.):
Order dismissing case here
Stipulation for dismissal with prejudice here
May 3, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Associated Bank's Reply in Support of Motion to Dismiss here
April 26, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Receiver's Response in Opposition to Associated Bank's Motion to Dismiss here
April 19, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Pursuant to Judge Mayeron's Order, the Receiver filed the unredacted complaint and exhibits, which are available here
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Granting Everest Insurance's Motion for Order Approving Settlement Agreement and for Partial Lift of Asset Freeze to Permit Payment of Settlement here
April 15, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Order on Motion to De-Designate Documents and Unseal Complaint here
April 12, 2013
The Receiver has posted an additional answer to a frequently asked question about tax issues here
April 11, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Granting Receiver's Motion to Retain Outside Counsel here
April 5, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Authorizing Payment of Fees here
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Defendant Associated Bank's Redacted Memorandum in Support here
Placeholder for Under Seal Memorandum here
Index to Appendix here
Appendix here
April 4, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Amended Order Granting Motion for Recusal here
April 3, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Granting Motion for Recusal here
Receiver's Motion to Retain Outside Counsel for Purposes of Pursuing Claims Against Third Parties here
Notice of Hearing here
April 1, 2013
Effective April 2, 2013, the Receiver, R.J. Zayed, is moving to the law firm of Dorsey & Whitney. Notwithstanding the Receiver’s move, the Receivership team will remain the same and Carlson Caspers will continue to serve as the Receiver’s firm until the conclusion of the Receivership. With respect to the Receiver’s case against Associated Bank, out of an abundance of caution and to avoid any possible conflict of interest, the Receiver has asked the Court to recuse him from that matter due to Dorsey’s representation of the bank. To ensure an orderly transition and no disruption to the Associated Bank action, the Receiver has asked the Court to appoint Tara Norgard, Brian Hayes, and Russell Rigby of Carlson Caspers to act collectively on his behalf and in his capacity as Receiver in that case, with all the powers appertaining thereto as set forth in the Court’s Orders appointing the Receiver.
Contact information for the Receiver remains the same:
Local: 612-436-9664
Toll free: 877-316-6129
Email: info@cookkileyreceiver.com
U.S. Mail:
Receiver in SEC v. Cook et al., 09-cv-3333, CFTC v. Cook et al., 09-cv-3332
and SEC v. Beckman et al., 11-cv-00574 (D. Minn.)
c/o Carlson Caspers
225 S. 6th St., Ste. 4200
Minneapolis, MN 55402
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Motion for Leave to Recuse here
SEC's Response here
CFTC's Response here
March 22, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Approving Settlement with Scottsdale Insurance here
Receiver's Motion to Approve Payment of Fees here
Notice of Hearing here
Declaration here
March 20, 2013
R.J. Zayed v. Arch Insurance Company, 11-cv-1319 (D. Minn.):
Order on Motions for Summary Judgment here
March 15, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Letters to Judge Mayeron here
March 8, 2013
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Everest Insurance's Motion for Order Approving Settlement Agreement and for Partial Lift of Asset Freeze to Permit Payment of Settlement here
Memorandum in Support here
Affidavit of Laura Sands here
Exhibits A-C here
Second Amended Notice of Hearing here
March 2, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Defendant Associated Bank's Opposition to Receiver's Motion to De-Designate Documents and Unseal Complaint and to Non-Party Star Tribune's Motion Intervene and to Unseal Documents here
February 28, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Receiver's Motion to Approve Settlement Agreement with Scottsdale Insurance here
Exhibit A here
Amended Notice of Hearing here
February 25, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
R.J. Zayed v. David Buysse et al., 11-cv-1042 (D. Minn.):
On Feburary 4, 2013, Chief Judge Michael J. Davis granted the jointly filed Motion to Approve Settlements. The Orders approving the settlements have now been entered and are available here.
February 22, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Non-Party Star Tribune's's Motion to Intervene and to Unseal Documents here
Defendant Associated Bank's Motion to Dismiss here
Notice of Hearing here
February 21, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Today the Receiver filed a motion to de-designate certain documents and unseal the complaint and exhibits. A hearing on the Receiver's motion is scheduled for March 8, 2013, at 2:30 p.m., before Judge Mayeron in St. Paul. The Receiver's motion and related filings are available here.
January 31, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Fourteenth Status Report of Receiver R.J. Zayed available here
January 30, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
R.J. Zayed v. David Buysse et al., 11-cv-1042 (D. Minn.):
The hearing on the Joint Motion to Approve Settlements has been rescheduled for 9:00 a.m. on February 4, 2013. More information can be found here.
January 29, 2013
R.J. Zayed v. Associated Bank, N.A., 13-cv-232 (D. Minn.):
Today the Receiver filed a lawsuit against Associated Bank, alleging claims for aiding and abetting fraud, breach of fiduciary duty, conversion, and false representations and omissions. The Receiver is represented by contingency fee counsel in this matter. The case was filed under seal because many of the facts alleged in the complaint presently are subject to a Protective Order. The Receiver plans to move the Court to allow the full complaint to be publicly filed. A redacted version of the complaint, the public exhibits and other related filings are available here.
January 25, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
R.J. Zayed v. David Buysse et al., 11-cv-1042 (D. Minn.):
Following up on the December 4, 2012 announcement of agreements in principle with the Respondents in Zayed v. Buysse et al. (11-cv-1042), on January 25, 2013, the Receiver and the Respondents jointly filed a Motion to Approve Settlements, which is available here. A hearing on this motion has been scheduled before Chief Judge Michael J. Davis on February 4, 2013 at 11:00 a.m.
January 24, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Authorizing the Payment of Fees Incurred by the Receiver here
January 18, 2013
R.J. Zayed v. David Buysse et al., 11-cv-1042 (D. Minn.):
Order extending deadline for filing settlement agreements for Court approval to January 25, 2013 here
January 14, 2013
SEC v. Cook et al., 09-cv-3333 & CFTC v. Cook et al., 09-cv-3332 &
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Receiver's Motion to Approve Payment of Fees here
Notice of Hearing here
Declaration here
January 9, 2013
R.J. Zayed v. David Buysse et al., 11-cv-1042 (D. Minn.):
Order extending deadline for filing settlement agreements for Court approval to January 16, 2013 here
January 3, 2013
USA v. Beckman et al., 11-cr-228 & USA v. Pettengill, 11-cr-192 (D. Minn.):
On January 3, 2013, Chief Judge Michael J. Davis sentenced Jason Bo-Alan Beckman to 30 years in prison for his role in the scheme, Gerald Durand to 20 years, and Christopher Pettengill to 7.5 years. Sentencing for Patrick Kiley has been continued and will be rescheduled at a later date. More information about the criminal cases can be found on the U.S. Attorney's website here.
January 2, 2013
The Receiver has posted statistics on the demographics of victims of the fraud here. This information can also be found in the FAQ section here.
SEC v. Beckman et al., 11-cv-574 (D. Minn.):
Order Granting Everest Insurance's Motion for Order Approving Settlement Agreement and for Partial Lift of Asset Freeze to Permit Payment of Settlement here
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Important Information
Third Parties Claiming to be Affiliated with the Receivership
Updated 3/4/2011Recently, several investors have reported being contacted by an individual or individuals claiming to be able to recover a significant portion of the investor's loss for a large upfront fee. The individual also requests several years of the investor's tax statements.
The Receiver cannot comment on any actions or claims you may have against third parties relating to your loss. However, the Receiver is authorized to take exclusive custody, control and possession of all Receivership assets, wherever situated. All investors and other persons are stayed from, among other things, self-help and attempting to take possession of or interfering with assets of the Receiver Estates.
Only the Court is able to order restitution to Trevor Cook's investors, and only the Court-appointed Receiver is searching (at the Court's direction) for funds in this case. No other individual or group is related to, approved by, or working with the Receiver, the SEC, the CFTC, or the Court-mandated asset-recovery process in any way.
The Receiver suggests any investor receiving such a call contact their state's attorney general immediately.
The Receiver again reminds investors to be carefuly when giving personal information to anyone. Be sure to verify that the entity that contacts you is who they purport to be.
Fraud Recovery Group
Only the Court is able to order restitution to Trevor Cook’s investors. And only the Court-appointed Receiver is searching (at the Court’s direction) for funds in this case.
Recently, some investors have contacted the Receiver and the SEC to ask if they were working with a company called “Fraud Recovery Group." Fraud Recovery Group is not related to, approved by, or working with the Receiver, the SEC, or the Court-mandated asset-recovery process in any way.
Look-alike Websites
Several news outlets have also reported that former clients of Bernard Madoff have been targeted by an entity holding itself out as a government agency. This entity is reportedly seeking financial information related to alleged Ponzi schemes, but has no connection with any legitimate government or international entity.
Be careful when giving personal information to anyone. Be sure to verify that the entity that contacts you is who they purport to be.
The Federal Trade Commission has resources available†‡ to help.
† - Link opens in a new browser window.
‡ - External link not controlled by the Receiver.