We've talked about how long SEC cases against toxic lenders have taken (3 years, plus extra time for declare penalties), but I have a suspicion that the case announced back in the 2020 filings may not be a case that is still open.
On October 8, 2018, the creditor holding the First Amended Senior Secured Note from Illegal Burger, LLC filed suit in Broward County, Florida. The Company expects to either negotiate a settlement agreement or to vigorously defend this action. In May 2020 the U.S. Securities and Exchange Commission, (SEC), filed a civil action alleging fraud against this creditor. The SEC also appointed a court supervised receiver of this creditor, who has stayed all current litigation involving this creditor. The Company expects to reach a settlement with this receiver when they lift the stay.
On October 8, 2018, the creditor holding the First Amended Senior Secured Note from Illegal Burger, LLC filed suit in Broward County, Florida. The Company expects to either negotiate a settlement agreement or to vigorously defend this action. In May 2020 the U.S. Securities and Exchange Commission, (SEC), filed a civil action alleging fraud against this creditor. The SEC also appointed a court supervised receiver of this creditor, who has stayed all current litigation involving this creditor. The Company expects to reach a settlement with this receiver when they lift the stay.
These are identical (meaning no update on the status was reported in that 6 months.
TCA Global Credit Master Fund, L.P. v. Illegal Burger, LLC, J&F Restaurants, LLC, James M. Nixon, and Perla L. Nixon, Broward County Circuit Court, Case No. CACE-18-023812 (14)
On October 8, 2018, the Master Fund brought an action against the borrower, a Colorado restaurant chain, and against the Nixons, as guarantors, seeking $565,267.07 in unpaid principal, fees and interests due to borrower’s default on a credit agreement and note. The borrower, Illegal Burger LLC, is a restaurant chain based in Denver, Colorado. Through GJB’s efforts, the trial court lifted the stay and set the matter for trial in November 2020, upon the Receiver’s representation of its intent to vigorously pursue recovery of the monies owed. Thereafter, Illegal Burger agreed to negotiate a settlement. Based upon financial statements secured by Receiver’s counsel, Illegal Burger’s restaurant business was struggling as a result of the current COVID-19 pandemic. GJB and the Receiver ultimately entered into a settlement with Illegal Burger in the amount of $150,000, payable in full to the Receiver within 90 days of execution. The parties executed the settlement agreement (which contains remedies and penalties if Illegal Burger fails to pay) on November 24, 2020, and on the same day the Court entered an order dismissing the case, reserving jurisdiction to enforce the terms of the settlement agreement. The settlement amount has now been timely paid, in full.
So, I think that particular case was 'over', where 'over' has a major footnote.
That footnote is that the SEC did go after TCA Global Capital, since that is what that PDF is actually all about:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-CIV-21964-CMA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. TCA FUND MANAGEMENT GROUP CORP., et al., Defendants.
The internal date on all of the case pages is 05/27/2021, and it looks like the bottom like was that TCA Global was shut down and forced into receivership.