The following is posted on the Receiver’s website at tlennonfor12dailypro.com in
both the web portal and the first document on the document list. Please review the
postings to this site on a regular basis for updated information.
12DAILY PRO - STATUS OF WEB PORTAL AND DISTRIBUTIONS
As you know, on or about May 4, 2008, the Receiver shut down the Investor Web Portal
due to ongoing security threats. Please note that the data in the Web Portal and
in each of the investor accounts has been secured. However, at this time, it is
not expected that the Investor Web Portal will be reopened. Therefore, from this
point forward, you must contact the Receiver's office by telephone, email or fax
with any and all changes to your name, email address and/or physical address. Upon
providing the Receiver's staff with your username and password to the Web Portal,
your requested change(s) to your account information will be made. You may contact
the Receiver by e-mail at tfl@tlennonfor12dailypro.com, by facsimile at (619) 465
9288, or by leaving a message at (619) 464-6691.
Telephone calls and emails to the Receiver's office with questions regarding why
the Web Portal is not available will not be returned. PLEASE REMEMBER to keep your
Web Portal username and password in a secure location at all times.
As of the Claims Bar Date of January 31, 2008, Investors and Non-Investors had established
in excess of 48,000 claims via the Web Portal and approx. 1000 claims by filing
proofs of claim with the Receiver. The Receiver and his staff have begun the process
of reviewing and analyzing these claims. The Receiver will be filing claim objections
with the Court, especially in instances where investors included accounts not belonging
to them and in instances where investors have problems with payment processors,
and requesting that the Court change the claims amount to the amounts he has determined
they should be based on 12daily Pro records. If the Receiver objects to your claim,
you will receive by email a notice of the claim objection along with other pleadings
advising you of the objection and the claim amount the Receiver contends is correct.
Thereafter, you will have an opportunity to present evidence to the Receiver and
the Court proving that the objected portion of the claim rightfully belongs to you.
If you do not receive notice of a claim objection, then your claim is not being
objected to and will remain in the amount that you submitted either via the Web
Portal or proof of claim.
The First Omnibus Objection to Claims in excess of $10,000 established via the Web
Portal was filed on June 10, 2008. The Second Omnibus Objection to Claims between
$10,000 and $6,000 established via the Web Portal was filed on June 11, 2008. The
Third Omnibus Objection to Claims between $3,000 and $6,000 established via the
Web Portal was filed on September 29, 2008. The Fourth Omnibus Objection to Claims
Arising From Proofs of Claim was filed on October 9, 2008. The
documents filed with Court are posted on the Receiver's web site at tlennonfor12dailypro.com.
If the Objection pertained to your claim, you would have received an email attaching
the Court documents and advising you of the objection. Additional claim objections may
be filed with the Court.
In addition to working on analyzing the claims, the Receiver and his staff are finalizing
the Distribution Plan. The Receiver anticipates that that the Distribution Plan
will be filed with the Court in the fall of 2008 and that the Court will approve
it by the early winter of 2008. The Receiver is hopeful that distributions will
be made before the end of 2008. Based upon the aggregate amount of claims filed,
in excess of $45 million, and the funds on hand of approximately $15 million, investors
will not receive 100% of their claim amounts; rather they will receive a pro-rata
percentage based on the ultimate amount of claims after all objections have been
ruled on by the Court and the aggregate amount of funds available for distribution.
The Plan will also provide the form of payment and the timing of the distribution.
Investors will be notified of the date of the hearing(s) on approval of the Plan
and Objections to Claims by email and by postings on the Receiver's website, www.tlennonfor12dailypro.com.
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