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Welcome to the Retirement Value LLC, Receivership website. This website was established to facilitate the dissemination of information regarding the status of the case as well as our efforts to recover assets for the investors’ benefit.

Contacting the Court

Please do not call or write the Judge directly. It there is something that you wish to bring to the Judge’s attention, you must file a motion, pleading or other document with the Travis County District Clerk at the following address:

  Amalia Rodriguez-Mendoza
  Travis County District Clerk
  P.O. Box 679003
  Austin, TX 78767-9003

Your document should identify this case by its title and cause number (State of Texas vs. Retirement Value, LLC et al; In the 126th Judicial District Court of Travis County, Texas; Cause No. D-1-GV-10-000454). You must also send a copy to the Receiver and to the other parties to the case. Upon request, the Receiver will provide a copy of the current list for service on the parties and counsel. The Travis County Law Library has forms and other useful information for parties without lawyers.

Receiver’s Report

On July 26, 2013, the Receiver filed an Interim Report with the Court, discussing the status of the litigation, the estate’s recoveries, it’s assets and distribution efforts. A copy of the Report is located on the Investor Communications section of this website or by clicking here

Maturity of Policies
The insured under policies AXA597-110209-HM ($1.25 million) and PLI930-102009-HM ($1.25 million) has died. The Receiver has received the full death benefits from the insurance companies.

Please note that the proceeds from these policies will NOT be distributed pursuant to the participation agreements but instead used for the purposes set out in the Plan of Distribution.


Recent Settlements

On May 25, 2013, the Court approved a negotiated settlement by and among the State of Texas, the Retirement Value Receiver, the Retirement Value Special Receiver, the Hill Country Funding Receiver and James Settlement Services, Ron James, Don James (the “James Parties”) and Michael Beste (“Beste”). Pursuant to the settlement, the James Parties and Beste agreed to: (i) pay the estate $5.5 million; and (ii) be enjoined from certain specific activity, as more fully delineated in the Agreed Permanent Injunction. The settling defendants have already paid $3.4 million of the agreed settlement and the balance is payable in installments due on July 31, 2013 and October 31, 2013.

 
Court Finds Retirement Value Engaged In Fraud

On February 21, 2013, the Court granted the State’s motion for partial summary judgment against Retirement Value finding that “Retirement Value engaged in fraud or fraudulent practices in the course of selling unregistered securities” in violation of the Texas Securities Act. The Court ordered Retirement Value to make restitution to the RV investor-victims. While it will not change the total amount of money payable to the investors, the order supports the Plan of Distribution and supports the ability of investors to claim that recoveries from the estate should be treated as the recovery of theft losses for tax purposes.

Current Events
   
12/10/2013 Motion to Authorize 2nd Distribution (w Exhibits)
07/26/2013 Notice of Filing of Receivers May 31, 2013 Report
07/25/2013 Notice of Filing of Receivers Third Amended Schedule of Claims
04/25/2013
04/25/2013 
04/23/2013
04/19/2013
04/03/2013
03/19/2013 Order on Receiver's Motion for Approval of Settlement with Licensee Tony Adkison
03/19/2013 Order on Receiver's Fourth Motion for Approval of Settlements with Third Party Defendants - Licensees
03/18/2013 Plaintiff's Fifth Amended Verified Petition
03/18/2013 Receiver Espinosa's Eighth Amended Cross-Claim and Third-Party Claim
03/12/2013 Receiver's Fourth Motion for Approval of Settlements With Licensees
02/21/2013 Order on Receiver's Motion for Approval of Settlements with Certain Third Party Defendants (Scott Barnard, Valerie Barnard, IGB Financial, Kip Hartman and Gary Oliver)
02/21/2013 The Court granted State’s Motion for Partial Summary Judgment
02/21/2013 The Court approved the settlement of the class claims against Michael McDermott
02/21/2013 The Court entered an order granting in part and denying in part some of the disputed investor claims.
02/20/2013 Receiver's Motion for Approval of Settlement with Third Party Defendant-Licensee Tony Adkison
02/05/2013 Receiver's Motion for Approval of Settlements with Certain Third-Party Defendants
01/07/2013 The Court heard the State’s Motion for Partial Summary Judgment as to Retirement Value, LLC
01/07/2013 The Court heard testimony regarding some of the disputed investor claims.
01/07/2013 Order on Receiver's Motion for Approval of Settlement with Licensee Joseph T. Donnatuoni
12/27/2012 Receiver's Motion for Approval of Settlement with Joseph T. Donnantuoni
11/21/2012 Court entered an agreed permanent injunction against Wendy Rogers
On the Case Information page you can find copies of selected court documents from the State’s case against Retirement Value and its principals as well as the various suits brought by the Receiver against parties accused of wrongdoing against Retirement Value or its estate. The website also contains information regarding the Receiver, communications with investors, Frequently Asked Questions, and other helpful information