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DOWNLOAD THE
NOTICE TO INVESTORS AND OTHER INTERESTED PARTIES
OF AUCTION SALE OF RECEIVERSHIP ASSETS
**Notice to Investors and Other Interested
Parties of Auction Sale of Receivership Assets
and Other Related Information**
On May 7, 2021, the
United States District Court in the SEC
Enforcement Action involving Today’s Growth
Consultant, Inc. (d/b/a The Income Store)
entered an Order granting the Receiver’s Motion
to Approve Sale of Estate Assets. Pursuant
to the Court’s Order, the Receiver is authorized
to liquidate the Assets of the Receivership
Estate via online auction sale to be held on
June 10, 2021. For details regarding the
auction sale and how to qualify as a potential
bidder please review the Notice to Investors and
Other Interested Parties of Auction Sale of
Receivership Assets. If you wish to bid or
need additional information to decide whether or
not to participate in the auction sale, please
contact the Receiver’s representatives at
305-542-4410 or at
IncomeStore@dvllp.com. Potential
bidders may also contact the Receiver’s broker,
Right of the Dot, LLC at
monte@rightofthedot.com
The Receiver’s Motion to
Approve Sale of Estate Assets and the Court’s
Order granting that Motion (and the Order
modifying that Order to change the sale date and
notice period) are available for review on the
Court Filings tab.
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DOWNLOAD THE LEGAL NOTICE OF THE CLAIMS
ADMINISTRATION PROCESS AND PARTIAL PLAN OF
DISTRIBUTION AND PROOF OF CLAIM AND RELEASE FORM
**Legal
Notice of the Claims Administration Process and
Partial Plan of Distribution and Proof of Claim
and Release Form**
Pursuant to
the Court’s Order entered on November 30, 2020,
the Claims Package is available to download at
the above link: “Legal Notice of the Claims
Administration Process and Partial Plan of
Distribution and Proof of Claim and Release
Form”. Please carefully review the Legal Notice
of the Claims Administration Process and Partial
Plan of Distribution, complete and sign the
Proof of Claim and Release Form, and gather all
documentation that supports your claim.
You must send, by email, U.S. mail, FedEx or
other express delivery service, or other secure
method of delivery, your completed and signed
Proof of Claim and Release Form with all
supporting documentation,
postmarked on or before January 14, 2021,
to the Receiver at the following physical or
email address:
Melanie E. Damian,
Receiver
The Income Store
Receivership Estate
c/o Damian & Valori
LLP
1000 Brickell Avenue,
Suite 1020
Miami, Florida 33131
IncomeStoreClaims@dvllp.com
If you have any
questions on how to complete the Proof of Claim
and Release Form, please review the instructions
provided in the Legal Notice of the Claims
Administration Process and Partial Plan of
Distribution or contact the Receiver at:
Melanie E. Damian,
Receiver
Income Store
Receivership Estate
c/o Damian & Valori
LLP
1000 Brickell Avenue,
Suite 1020
Miami, Florida 33131
Email:
IncomeStoreClaims@dvllp.com
Telephone:
305-542-4410
THE
DISTRICT COURT JUDGE PRESIDING OVER THE SEC
ENFORCEMENT ACTION HAS ENTERED AN ORDER GRANTING
THE RECEIVER'S MOTION TO APPROVE THE PROPOSED
CLAIMS PROCESS AND PARTIAL DISTRIBUTION PLAN
-
Memorandum Opinion and Order
By December 15,
2020, the Receiver will send out Claims Packages
to claimants that will include a Legal Notice of
the Claims Administration Process and Partial
Plan of Distribution and a Proof of Claim and
Release Form that must be completed and returned
to the Receiver. Claimants will have until
January 14, 2021,
the Claims Bar Date, to return the completed
Proof of Claim and Release Form to the Receiver.
Any completed Proof of Claim and Release Form
not postmarked by the Claims Bar Date will be
barred, and claims postmarked after the Claims
Bar Date will not be allowed except for good
cause shown.
PROPOSED CLAIMS PROCESS AND PARTIAL DISTRIBUTION
PLAN
Receiver's Notice of Amendment to Proposed
Noticing and Claims Administration Process
Receiver's
Motion to Approve (A) Noticing and
Claims Administration Process and (B) Partial
Plan of Distribution
- Exhibit A - Legal Notice of Claims Process
[click here]
- Exhibit B - Proof of Claim Form
[click here]
- Exhibit C - Proposed Order Approving Claims
Process [click here]
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On December
27th, 2019, the Securities and Exchange
Commission (“SEC”) filed a Complaint in the
United States District Court for the
Northern District of Illinois (the “District
Court”) against Todays Growth Consultant
Inc. (d/b/a “The Income Store”) and Kenneth
Courtright, III (collectively, “Defendants”)
and an Emergency Ex Parte Motion for a
Temporary Restraining Order Freezing Assets
and Imposing Other Ancillary Relief (the
“Motion for Restraining/Freeze Order and
Receiver”), and for an Order Appointing a
Receiver, alleging that, among other things,
Todays Growth Consultant (“TGC”) had been
engaged in a Ponzi-like scheme that defrauds
its investors in violation of several
federal statutes. The Complaint alleges that
from at least January 2017 through October
2019 the Defendants raised $75 million from
more than 500 investors in exchange for
“Consulting Performance Agreements”
(“Investor Agreements”) through which TGC
purported to provide investors with a
minimum guaranteed rate of return, in
perpetuity, in revenues generated by
websites that TGC acquires or builds for
each investor and then develops, maintains,
and hosts.
In the Complaint,
the SEC alleges that TGC’s websites have
generated materially less revenue than the
amounts guaranteed in the Investor
Agreements. Moreover, the SEC alleges that
TGC funded the gap between website revenue
and guaranteed investor payout through the
sale of Investor Agreements to new or repeat
investors and loans from distressed lending
companies. Further, the SEC alleges that TGC
has violated its Investor Agreements by
co-mingling its investors’ funds with loan
proceeds and using the co-mingled funds to
satisfy its guaranteed payments to
investors, to repay its loan, and to pay for
Mr. Courtright’s personal expenses.
On December 30,
2019, in response to the SEC’s Motion for
Restraining/Freeze Order and Receiver, the
Court entered a Temporary Restraining Order
Freezing Assets and Imposing Other Emergency
Relief (the “Restraining / Freeze Order”) to
preserve the status quo and protect the
SEC‘s ability to collect on any final
judgement that may be awarded against TGC
and Mr. Courtright. Additionally, the Court
issued an Order Appointing Receiver (the
“Appointment Order”), which appointed
Melanie E. Damian as Receiver for TGC.
Pursuant to the Appointment Order, the
Receiver has all powers, rights, and
privileges previously possessed by the
officers of TGC and has assumed control of
TGC’s operations in an effort to preserve
all of TGC’s assets, claims and other
interests. The Receiver will be filing her
first report and accounting pursuant to the
Appointment Order by January 30, 2020.
The District
Court has set a status hearing for January
27, 2020 to further consider the
Restraining/Freeze Order and the Appointment
Order and whether they should be extended
through the entry of a preliminary
injunction or other court order, based on
the relief sought and arguments presented by
the SEC and the Defendants’ responses
thereto.
The Receiver
encourages investors who conducted
transactions with the Defendants to
carefully review the Complaint, the Motion
for Restraining/Freeze Order and Receiver,
and the District Court’s Orders (links to
which are set forth at the top of this page)
so they understand the nature of the claims
alleged against the Defendants in this
action and the extent and scope of the
Receiver’s duties and authority under those
Orders. As the Receiver proceeds with her
investigation into the Defendants’ business
operations and assets and the Defendants’
dealings with investors, the Receiver will
provide additional information regarding her
findings and determinations on this website
(www.incomestorereceivership.com),
and will post additional significant Court
filings once they are entered and frequently
asked questions and answers under the
corresponding tabs along the top of the
page.
For further
information regarding this action, and how
it may affect investors, please visit the
SEC’s website:
( https://www.sec.gov/enforce/claims-todays-growth-consultant-kenneth-courtright).
You may also contact a representative of the
Receiver at 305-542-4410 or
incomestore@dvllp.com.
Please understand
that neither the Receiver nor any of her
attorneys or other representatives may
provide you with legal, tax and/or
accounting advice in connection with this or
any other matter. Should you require such
advice, the Receiver asks that you contact
your own attorney, accountant or other
professional.
The Receiver
encourages you to periodically visit the SEC
website and this website as they will be
updated with additional information
throughout the course of the SEC action.
Thank you.
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