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Receiver
Melanie E. Damian,
Esq. |
Counsel for Receiver
Kenneth Murena |
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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
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
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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
October 6, 2023
Dear Accanito
Equity Contributing Member:
On July 27,
2023, the Securities Exchange Commission (the "SEC") commenced
an enforcement action against Defendants Accanito Holdings, LLC;
Accanito Equity, LLC; Accanito Equity II, LLC; Accanito Equity
III, LLC; and Accanito Equity IV, LLC (the “Accanito
Companies”), their principal Brent Seaman, and Relief Defendants
Jana Seaman, Valo Holdings, LLC and Surge Capital Ventures, LLC.
That enforcement action is pending in the District Court for the
Southern District of Florida (Miami Division) before the
Honorable Kathleen M. Williams. Also on July 27th, the SEC filed
an agreed motion requesting that the District Court appoint
Melanie Damain, the Corporate Monitor, to serve as the Receiver
over the Accanito Companies.
The SEC also filed two unopposed motions for the entry of
consent judgments against the Defendants and the Relief
Defendants. The District Court has referred all of those agreed
and unopposed motions to the Magistrate Judge for a report and
recommendation. The Magistrate Judge has not yet issued a
report and recommendation on any of those motions. Therefore, no
receiver has been appointed over the Accanito Companies.
Ms. Damian,
as Corporate Monitor, continues to monitor the Accanito
Companies
and preserve
their assets for the benefit of
the Contributing Members. In addition, the Corporate Monitor has
established a website to keep all interested parties updated as
to the status of the Accanito Companies and the SEC enforcement
action. All relevant Court filings and orders will be posted on
this website. You may access that site at
www.accanitomonitorship.com.
As a result of the enforcement action, distributions to
Contributing Members are indefinitely suspended.
Moreover, the
Corporate Monitor is not able to return any investments at this
time. However, if and when a
Receiver is appointed over the Accanito Companies, 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.
In the meantime, the
Corporate Monitor will continue to cooperate with the SEC in a
good faith effort to act in the best interests of the Accanito
Companies and to maximize the recovery for the Contributing
Members.
Please feel free to contact the Corporate Monitor's office by
email at
cmurena@dvllp.com or
by telephone at (786) 706-9916.
Sincerely,
Melanie
Damian, as Corporate Monitor
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From: Cherly Lucien <clucien@ffslawfirm.com>
Sent: Tuesday, May 16, 2023 11:28 AM
To: Cherly Lucien <clucien@ffslawfirm.com>
Subject: Accanito Holdings, LLC and Accanito Equity I-IV
LLC
Dear Accanito Equity Contributing Member:
We are aware that some of you have reached out to Ms. Damian for
information. Please be advised that our decision to
respond to and update you in writing, as a whole, is designed to
provide all Contributing Members with the same information at
once. We are writing to inform you that Accanito Holdings, LLC;
Accanito Equity, LLC; Accanito Equity II, LLC; Accanito Equity
III, LLC; and Accanito Equity IV, LLC (the “Accanito Companies”)
are continuing with the suspension of distributions to
Contributing Members. We are not able to return any
investments at this time and, as previously mentioned, did not
issue Forms K-1 for this year. All such actions are
believed to be necessary at this time, given the current
situation.
Ms. Damian continues to monitor the Accanito Companies by
reviewing their financial records and bank statements and making
recommendations regarding the Accanito Companies’ financial
operations and expenditures in order to minimize their
expenditures and secure assets.
Furthermore, the Accanito Companies continue to work with the
SEC in what they deem good faith efforts to bring the
investigation toward a resolution.
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From: Cherly Lucien <clucien@ffslawfirm.com>
Sent: Thursday, February 23, 2023 2:14 PM
To: Cherly Lucien <clucien@ffslawfirm.com>
Subject: Accanito Holdings, LLC and Accanito Equity I-IV
LLC
Dear Accanito Equity Contributing Member:
We are aware of your letters and communications. Please be
advised that our decision to respond to and update you in
writing, as a whole, is designed to provide all Contributing
Members with the same information at once. We are writing to
inform you that Accanito Holdings, LLC; Accanito Equity, LLC;
Accanito Equity II, LLC; Accanito Equity III, LLC; and Accanito
Equity IV, LLC (the “Accanito Companies”) are continuing with
the suspension of distributions to Contributing Members.
No decisions have been made regarding future distributions.
We are also not able to return any investments at this time.
Further, the Accanito Companies do not anticipate issuing Forms
K-1. While this is likely unwelcome news, the Accanito Companies
believe such actions to be necessary at this time and in the
best interest of all Contributing Members, given the current
situation.
The Accanito Companies continue to work with Melanie Damian,
Esq., as the Monitor for the Accanito Companies. In her
role as the Monitor, Ms. Damian has worked closely with the
Accanito Companies in reviewing their financial records. She
has made several recommendations in order to minimize their
expenditures and secure available assets for the benefit of the
Companies and Contributing Members. We know that many of you
have reached out to Ms. Damian for information. Please
understand that while she is the Monitor for the Accanito
Companies, the above decisions have been made by the Accanito
Companies after consultation with the Monitor.
The Accanito Companies continue to provide information to the
SEC and are continuing in what they deem good faith efforts to
cooperate with the SEC’s investigation. The Accanito Companies
understand that at this time, the SEC’s investigation remains
ongoing.
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