Receivership of
Accanito Holdings, LLC; Accanito Equity, LLC;
Accanito Equity II, LLC; Accanito Equity III, LLC;
  Accanito Equity IV, LLC; Accanito Capital Group, LLC;
and Surge, LLC (the “Accanito Companies”)
and their principal Brent Seaman
 
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Receiver
Melanie E. Damian, Esq.

Counsel for Receiver
Kenneth Murena

US DISTRICT COURT
SOUTHERN DISTRICT OF FL
MIAMI DIV



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO:  23-cv-22791-KMW


Dear Accanito Contributing Member:

Today, the Receiver sent an email to all known investors suffering a net loss containing the Legal Notice of Claims Process and a link to complete your electronic Proof of Claim form. Attached to this letter is a link to the PDF version of the Legal Notice and the Proof of Claim form.

The deadline to submit your completed Proof of Claim form by electronic means or by trackable U.S. Mail is September 23, 2024.

For more information regarding the Claims Process or for assistance submitting your Proof of Claim form, please contact my office at accanitoclaimsadministrator@dvcattorneys.com

Sincerely,

Melanie Damian, as Receiver


Dear Accanito Contributing Member:

The Court approved the Receiver's Claims Process on August 23, 2024. Accordingly, by September 3, 2024, you will receive by email a Legal Notice of Claims Process and a link to complete your electronic Proof of Claim form.

The deadline to submit your completed Proof of Claim form by electronic means or by trackable U.S. Mail is September 23, 2024.

For more information regarding the upcoming Claims Process, you may review the Motion to Approve Claims Process and the Court's Order approving that Claims Process under the Court Documents tab of this website.  If you have any questions concerning the Claims Process or your Proof of Claim form, please contact my office at accanitoclaimsadministrator@dvcattorneys.com

Sincerely,

Melanie Damian, as Receiver


August 14, 2024

Dear Accanito Equity Contributing Member:

The Receiver and her counsel developed a claims administration process to determine the outstanding claims against the Accanito companies' receivership estate. A motion to approve that claims process and distribution plan were filed with the Court. You may review the motion and its exhibits under the Court Documents tab of this website. 

In the coming months, you will receive emails from the Receiver and her counsel containing a Legal Notice of the Claims Process with a link to complete an online Proof of Claim Form. If you require any assistance with the online claim form, the Receiver's office will assist you. Moreover, you will have the option to print, complete, and return the form to the Receiver's office by email or physical mail. Please make sure that your email and physical address are up to date with the Receiver's office. Please email any changes in legal name and contact information to the Receiver's counsel, Casandra Murena at cmurena@dvllp.com.

If you have not already done so, please submit by email to cmurena@dvllp.com, the following documentation supporting your potential claim: (i) your Accanito Equity account statements; (ii) proof of investments made in the Accanito companies, including your bank statements, wire transfer receipts, canceled checks and any other proof of transfer of funds to the Accanito companies; (iii) agreements relating to your investment and your business relationship as a contributing member of the Accanito companies; (iv) marketing materials or other communications you received relating to investing in the Accanito companies; and (v) proof of distributions you received from any of the Accanito companies.  

Note:  Your response to this request is not an official submission of your claim yet.  The Receiver is requesting this information to assist her in advance of the claims process to understand all of your claims.  

In any email sent to the Receiver's office, please include your legal name and current mailing address, phone number, and email address. Please respond to cmurena@dvllp.com with any questions or concerns you may have regarding the upcoming claims process.

Regards,

Melanie Damian, as Receiver


February 22, 2024

Dear Accanito Equity Contributing Member:

The Receiver and her counsel are working on developing a claims administration process to determine the outstanding claims against the Accanito companies' receivership estate. As part of this effort, she requests that you submit by email to her counsel, Casandra Murena at cmurena@dvllp.com the following documentation supporting your potential claim: (i) your Accanito Equity account statements; (ii) proof of investments made in the Accanito companies, including your bank statements, wire transfer receipts, canceled checks and any other proof of transfer of funds to the Accanito companies; (iii) agreements relating to your investment and your business relationship as a contributing member of the Accanito companies; (iv) marketing materials or other communications you received relating to investing in the Accanito companies; and (v) proof of distributions you received from any of the Accanito companies.  

Note:  Your response to this request is not an official submission of your claim yet.  The Receiver is requesting this information to assist her in advance of the claims process to understand all of your claims.  

In your email to the Receiver's counsel, please include your legal name and current mailing address, phone number, and email address. Please respond to this email with any questions or concerns you may have regarding submitting your documents to the Receiver's office.

 

Regards,

Melanie Damian, as Receiver

December 13, 2023

Dear Accanito Contributing Member:

While I continue to collect and marshal assets for the benefit of the investors of the Accanito companies, the Accanito Receivership Estate will not make a distribution to investors prior to the end of the calendar year 2023.  Moreover,  I will not provide you with any tax statements or making any tax filings to the Internal Revenue Service concerning your investment in the Accanito companies.  I anticipate that, in the future, subject to Court approval, there will be a claims process and a distribution plan that will provide for a payment or payment(s) to the Accanito companies' investors of some percentage of their net losses.  That process will not occur in 2023.

Several investors have inquired about making the required minimum distribution for 2023 from their Individual Retirement Accounts ("IRAs"). I cannot advise you about the management of your IRAs. Please provide the information contained in this letter to your tax advisor for advice on how to manage your IRAs in light of the pending Securities & Exchange Commission enforcement action and the receivership over the Accanito companies and all of their assets.

If you have any questions concerning this letter, please contact my counsel Casandra Murena by email at cmurena@dvllp.com.

Sincerely,

Melanie E. Damian, as Receiver


Dear Accanito Equity Contributing Member:

We write to inform you that on July 27, 2023, the Securities Exchange Commission (the "SEC") commenced an enforcement action against Accanito Holdings, LLC; Accanito Equity, LLC; Accanito Equity II, LLC; Accanito Equity III, LLC; and Accanito Equity IV, LLC (the “Accanito Companies”) and their principal Brent Seaman. That enforcement action is pending in the District Court for the Southern District of Florida (Miami Division) before the Honorable Kathleen M. Williams. 

On ​October 27, 2023, Judge Williams appointed Melanie E. Damian (formerly the Corporate Monitor) to serve as the Receiver over the Accanito Companies. As Receiver, unlike as Corporate Monitor, Ms. Damian is now charged with complete control and possession over the Accanito Companies’ operations to the extent any continue and marshaling the assets of the Companies and the individual Defendants for the benefit of the Contributing Members. The Order Appointing Receiver is available for review under the Court Documents tab.

In accordance with the Order Appointing Receiver, the Receiver will use her best efforts to locate funds and assets, collect disgorgement obligations from Defendants and Relief Defendants and to pursue the Accanito Companies' claims against third parties holding its assets.  As Corporate Monitor, the Companies' operating costs and expenditures were minimized to preserve the assets while the Parties worked toward these actions. 

As a result of the enforcement action, distributions to Contributing Members are indefinitely suspended. Moreover, the Receiver is not able to return any investments at this time. However, the funds recovered by the Receiver will be used to fund a claims process and distribution for creditors of the Accanito Companies and to pay the administrative expenses of the receivership estate.  The Receiver will continue to cooperate with the SEC in a good faith effort to act in the best interests of the receivership estate and to maximize the recovery for the Contributing Members.

The Receiver will keep all interested parties updated as to the status of the receivership estate through her website www.accanitoreceivership.com.

Please feel free to contact the Receiver's office by responding to this email or by telephone at (305) 542-4410.

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