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PennyHoper

08/19/24 11:14 AM

#23278 RE: trader53 #23238

Re SEC litigation against Toxic Lender ...

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.

The 10-K filed 2020-07-02, for the reporting date 2019-12-31, found here:
https://www.sec.gov/Archives/edgar/data/1551906/000146970920000039/wcvc10k_123119apg.htm

said this:

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.



Mention of this litigation was repeated in the subsequent (and last) two 10-Q's filed in 2020. Here is a similar excerpt from the last 10-Q (the one you also took a screen-capture of), from the 2020-08-27 10-Q for the reporting period ending 2020-06-30:
https://www.sec.gov/Archives/edgar/data/1551906/000146970920000069/wcvc10q_063020apg.htm

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.

To me, this looks like a reference to the case found here:
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.tcafundreceivership.com/docs/DE141FourthQStatRep.pdf

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.

Additional fallout to that is documented here:
https://www.investorlawyers.com/blog/finra-lawsuit-attorneys-assist-tca-fund-investors/?campaignid=17941581809&adgroupid=148639446452&creative=634506477791&matchtype=b&network=g&device=c&keyword=tca%20global%20credit%20master%20fund&gad_source=1

which is about FINRA action against financial advisers who approved investors to invest in TCA Global Fund.

I'm pretty sure Brenda Hamilton has a blog post about the whole TCA Global Fund debacle, but I don't have time to look for it.

I'm not sure what kind of compensation Illegal Burger/West Coast Ventures Group got (back) from TCA Global Fund.

--
What I wonder about is any currently non-public info about additional cases against toxic lenders WCVC used.