Troy’s Thoughts: It is clear from the filings that Kenneth Bell and his team are working to make the claims process, as cost effective for the estate as possible. But, it is the responsibility of those who are victims to pay close attention and make sure you fully understand what you must do to get your claims filed and accepted.
Should the Court approve the Motion in its current form, the Receiver proposes that he will provide notice to all interested parties via several methods:
- Making the Claims Process publicly available on the Reeiver’s website at a soon-to-be-functional Claims Portal;
- Emailing all known affiliates through email addresses obtained from Receivership records and collected at the Receiver’s website;
- By U.S. Mail to trade creditors and other known, non-affiliate creditors; and
- Publishing the Receiver’s Notice on the Receiver’s website, certain multilevel marketing sites, certain newspapers, and sending the Notice to certain trade groups in the financial industry.
Within 14 days of court approval of the Motion and included in the court-approved notice to claimants, the Receiver proposes to have a Claims Portal active on his website, www.zeekrewardsreceivership.com. According to the Receiver, the Portal is “designed to capture the claims of all Claimants…in the most cost effective way possible.” Thus, all claimants, whether affiliates or non-affiliates, should files claims at the Claims Portal. Indeed,
Failure to submit a validly completed claim on the Claim Portal (or by alternative means that are agreed to between such Claimant and the Receiver prior to the Bar Date) will preclude a Claimant from receiving a distribution from the Receivership Defendant regardless of the validity of the Claimant’s claims.
VIP Points Not Allowed
One issue of note is the Receiver’s proposal to omit any inclusion of “Retail Profit Points” or “VIP Points” in the calculation or determination of any claim. Akin to interest, the VIP Points were accrued by purchasing sample or VIP bids and then re-distributing them to retail customers or back to Zeek. The VIP Points then allowed the affiliate to participate in the daily percentage payout from Zeek, which averaged approximately 1.5%. As is universally understood in other receiverships, victims of Ponzi schemes are entitled only to their lost principal balance, and not to any fictitious interest (or, in this case, points) that they may have accumulated. Indeed, especially since the vast majority of Ponzi schemes are unable to accomplish a total return of victim losses, allowing interest as part of a valid claim would reward some victims at the expense of others. Source – PonziTracker.com
Court Filings Regarding the above Motion