Court Flings
This page contains important filings in pending court proceedings that concern or relate to the Receiverships and the Receiver's recovery efforts. You will find below links to filings in the following cases:
- Securities and Exchange Commission v. Geoffrey A. Gish, et al., Civil Action No. 1:06-cv-1171-CC, United StatesDistrict Court for the Northern District of Georgia. This is the SEC's enforcement action filed against Mr. Gish and the Receivership Companies on May 17, 2006 . The Receiver was appointed and the receivership proceedings are conducted in this case.
- In re Geoffrey A. Gish, Bankr. Case No. 07-74427-MHM, United States Bankruptcy Court for the Northern District of Georgia. This is Mr. Gish's personal bankruptcy case, filed on September 4, 2007 , as a Chapter 11 reorganization proceeding. The case was converted on October 23, 2007 to a Chapter 7 case, and Neil C. Gordon has been appointed bankruptcy trustee. Mr. Gish filed an earlier case on May 4, 2007 , Bankr. Case No. 07-67092-MHM. That case was dismissed on July 23, 2007 for Mr. Gish's failure to attend meetings of creditors.
- Securities and Exchange Commission v. Zahra Ghods, et al., Civil Action No. 1:07-cv-1047-CC, United States District Court for the Northern District of Georgia. This is an enforcement action that the SEC filed against Zahra Ghods, RUSA Cap., LLC and Unisource Capital, LLC on May 8, 2007 .
- Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Steven Paul Arena; et al, Civil Action File No. 1:07-cv-2511-CC, United States District Court for the Northern District of Georgia. This is the Receiver’s case against third parties who are alleged to have received funds from the Receivership Companies for the purpose of investing those funds on behalf of the Receivership Companies, but failed to do so.
- Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Zahra Ghods; Rusa Cap, Inc.; Unisource Cap, LLC; Double Grace Holdings, Ltd.; Estrella de Fuego S.A.; Jeffrey James Mayo Priebe; Antonio Maria Ruspoli; Simon Gulkanian; and Purya K. Ghrabeti, Civil Action File No. 1:08-cv-1364-CC, United States District Court for the Northern District of Georgia. This is the Receiver’s case against Zahra Ghods who is alleged to have received funds from the Receivership Companies for the purpose of investing those funds on behalf of the Receivership Companies, but failed to do so, and those individuals and entities that are alleged to have inappropriately received such funds.
- Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Barry Beers, Rhonda Beers; Mala Kumar; Kumar Ramalingam; Ziad Minkara; Anthony Mitchell; Arthur Rice; Harry "Hap" Schultz; and Riverfront Properties, Inc. This lawsuit is against profiting investors seeking to recover amounts they received in excess of their investments, which they are not entitled to retain.
- Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Sundar Rajan, et al. Civil Action File No. 1:09-cv-2176-CC, U.S. District Court for the Northern District of Georgia. This is the second lawsuit against eight additional profiting investors: Sundar Rajan, Jimmy Sweet, Patrick Talbot, Anna Tullos, Cheri Tullos, Henry Wiebe, Thomas Woodcock, and JoBeth Zubkoff, seeking to recover amounts they received in excess of their investments.
1. SEC v. Gish
The following are documents filed with the Court and Orders issued by the Court in SEC v. Gish. All documents are posted in Adobe Acrobat format.
You can download a free copy of Adobe Acrobat Reader here.
- July 8, 2010 Receiver's Eighth Report filed
Receiver's Report - December_7_2009_Seventh_Receivers_Report_filed
Receiver's Report - August_7_2009_Sixth_Receivers_Report_filed
Receiver's Report - 1108 2008.02.08 - Order Approving Abbotts' Settlement
Order Approving Receiver's Settlement with Drew and Lewis Abbott - 1095_2007.07.11 - Order Instituting Administrative Proceedings
Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions - 1094_2007.06.14 - Final Judgment as to Defendant Geoffrey A. Gish
Final Order of Judgment as to Defendant Geoffrey A. Gish in the case of SEC v. Gish. - 1081_2007.04.20 - SEC Draft Final Judgment Order as to Geoffrey A. Gish
Securities and Exchange Commission's Draft Order of Settlement by Geoffrey A. Gish - 1080_2007.04.20 - Consent of Geoffrey Gish
Geoffrey A. Gish's Settlement and Consent with the Securities and Exchange Commission - 1079_2007.04.16 - Order Granting Receiver's Reappointment
Order Granting Thomas S. Richey's Reappointment as Receiver - 1078_2007.03.19 - Answer of Geoffrey Gish to Receiver's Cross Claim
Answer of Geoffrey A. Gish to the Receiver's Cross-claim - 1077_2007.02.22 - Order Granting Receiver's First Application for Payment of Professional Fees and Expenses
Order Granting Receiver's First Application for Payment of Professional Fees and Expenses Incurred May through September 2006 - 1069_2007.02.22 - Order Granting Motion to Set Bar Date for Investor and Creditor Claims on or before April 27 2007
Order Setting Bar Date of April 27, 2007 for Investor and Creditor Claims - 1068_2007.02.21 - Order Granting Partial Release of Funds
Order Granting Partial Release of Funds - 1067_2007.02.05 - Receiver's Cross-Claim Against Geoffrey A. Gish
Receiver's Cross-claim Against Geoffrey A. Gish - 1066_2007.02.05 - Order Granting Motion to File Cross-Claim against Defendant Geoffrey A. Gish
Order Granting Receiver's Motion to File a Cross-claim Against Geoffrey A. Gish - 1064_2007.01.02 - Receiver's Motion for Partial Release of Funds Held in the Account of Santa Monica Capital LLC
Receiver's Motion for Partial Release of Funds Held in the Account of Santa Monica Capital, LLC at Wachovia Bank, N.A. and Brief in Support - 1063_2006.12.15 - Amended Motionto Set Bar Date for Investor and Creditor Claims
Receiver's Amended Motion to Set a Bar Date for filing investor claims of Feb 15, 2007 - 1062_2006.12.05 - Order Granting Motion to Compel Majestic
Order Granting Receiver's Motion to Compel Production of Documents by Majestic Capital Management - 1060_2006.12.01 - Receiver's Response to Gish's Opposition to Motion to Re-Appoint Receiver
Receiver's Response to Defendant Geoffrey A. Gish's Opposition to Motion to Re-Appoint Receiver - 1059_2006.11.13 - Geoffrey A. Gish Deposition Transcript
Transcript of Geoffrey A. Gish's Deposition - 1053_2006.11.13 - Gish Response to Request for Production of Documents
Geoffrey A. Gish's Responses and Objections to the Receiver's First Request for Production of Documents - 1052_2006.11.13 - Gish Response to First Interrogatories
Defendant Geoffrey A. Gish's Objections and Responses to the Receiver's First Interrogatories - 1050_2006.10.31 - Exhibit A to Motion for Order Setting Bar Date
Exhibit A to Receiver's Motion for Order Setting Bar Date - 1049_2006.10.31 - Motion for Order Setting Bar Date
Receiver's Motion to Set December 31, 2006 as Bar Date for filing of investor claims - 1048_2006.10.13 - Proposed Cross-Claim against Defendant Geoffrey A. Gish
Receiver's Proposed Cross-Claim Against Geoffrey A. Gish - 1047_2006.10.13 - Motion to File Cross-Claim against Defendant Geoffrey A. Gish
Receiver's Motion to File Cross-Claim Against Geoffrey A. Gish - 1044_2006.08.25 - Order for Sale of Office Furniture
Order Setting Sales Procedure for Weston Rutledge Personal Property - 1043_2006.08.25 - Order to Invest Funds
Order to Invest Funds - 1041_2006.08.22 - Motion to Invest Funds
Motion to Invest the Funds of the Receivership Companies and Brief in Support - 1040_2006.08.18 - Motion for Sale of Office Furniture
Expedited Motion for Sale of Receivership Property Pursuant to 28 USC 2001 and Brief in Support - 1034_06.30.2006 - Preliminary Injunction
Order Granting Preliminary Injunction and Ordering Other Ancillary Relief - 1031_05.17.2006 - Order appointing Tom Richey as Receiver
Order to Show Cause, Temporary Restraining Order, Order Appointing Receiver, Order Freezing Assets, Order Prohibiting Destruction of Documents, and Order Expediting Discovery - 1029_05.17.2006 - Complaint
SEC complaint against Geoffrey Gish, Weston Rutledge, Zamindari, Lexington, and Oxford Adams
2. In re Gish
The following are documents filed with the Court and Orders issued by the Court in In re Gish. This is Mr. Gish's personal bankruptcy case, filed on September 4, 2007, as a Chapter 11 reorganization proceeding. The case was converted on October 23, 2007 to a Chapter 7 case, and Neil C. Gordon has been appointed bankruptcy trustee. Mr. Gish filed an earlier case on May 4, 2007, Bankr. Case No. 07-67092-MHM. That case was dismissed on July 23, 2007 for Mr. Gish's failure to attend meetings of creditors. This original bankruptcy case was dismissed on July 23, 2007 for Mr. Gish’s failure to attend meetings of creditors. All documents are posted in Adobe Acrobat format.
You can download a free copy of Adobe Acrobat Reader here.
- August_7_2009_Default_judgment_obtained_against_Geoffrey_A_Gish
Default Judgment - 1124_2008.04.28 - Receiver's proof of claim
The Receiver's proof of claim against Mr. Gish's bankruptcy estate for over $18 million - 1123_2008.04.22 - SEC's proof of claim
The Securities and Exchange Commission's proof of claim against Mr. Gish's bankruptcy estate for $1,420,113.73 - 1107_2008.01.28 - Order on Trustee's Motion to Compel Debtor
Order on Trustee's Motion to Compel Debtor to (1) Perform His Duties and (2) Turn Over Property of the Estate - 1105_2007.10.23 - Order Converting Case
Order converting case to Chapter 7 bankruptcy - 1104_2007.09.23 - Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors, and Deadlines
Notice of Chapter 11 bankruptcy case, meeting of creditors, & Deadlines - 1103_2007.09.07 - Notice of Deficient Filing
Notice of deficient filing - 1102_2007.09.07 - Order Regarding Creditor Mailing Matrix
Order regarding creditor mailing matrix - 1101_2007.09.04 - Voluntary Petition
Gish's voluntary bankruptcy petition - 1097_2007.07.23 - Order Dismissing Case
Order Dismissing In re Gish for Failure to Attend Meetings of Creditors - 1096_2007.07.19 - Report of debtor's failure to appear at meeting of creditors and requesting dismissal Filed by Jordan E. Lubin
Report of debtor's (Geoffrey A. Gish) failure to appear at meeting of creditors and requesting dismissal Filed by Bankruptcy Trustee Jordan E. Lubin - 1091_2007.05.04 - Gish Notice of Bankruptcy
Notice of Bankruptcy Petition Filed by Geoffrey A. Gish - 1090_2007.05.01 - Gish Bankruptcy Petition
Bankruptcy Petition of Geoffrey A. Gish
3. SEC v. Ghods
The following are documents filed with the Court and Orders issued by the Court in SEC v. Ghods. All documents are posted in Adobe Acrobat format.
You can download a free copy of Adobe Acrobat Reader here.
- 1094_2009_02_26_Order_Ghods
Summary Judgment Against Zahra Ghods - 1129_2008.09.12 - Plaintiff's Reply Brief to Defendant's Brief in Opposition to Summary Judgment
The Securities and Exchange Commission's Reply Brief to Ms. Ghods' Brief in Opposition to Summary Judgment - 1128_2008.08.22 - Defendant's Brief in Opposition to Plaintiff's Motion for Summary Judgment
Zahra Ghods Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment - The Securities and Exchange Commission's Motion for Summary Judgment Against Ms. Ghods
- The Securities and Exchange Commission's Memorandum of Law in Support of its Motion for Summary Judgment Against Ms. Ghods
- Zahra Ghods Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment
- The Securities and Exchange Commission's Reply Brief to Ms. Ghods' Brief in Opposition to Summary Judgment
- 1127_2008.07.21 - Memorandum of Law in support of Plaintiff's Motion for Summary Judgment
The Securities and Exchange Commission's Memorandum of Law in Support of its Motion for Summary Judgment Against Ms. Ghods - 1126_2008.07.21 - Plaintiff's Motion For Summary Judgment
The Securities and Exchange Commission's Motion for Summary Judgment Against Ms. Ghods - 1093_2007.05.08 - SEC's Complaint for Injunctive Relief Against Ghods
The Securities and Exchange Commission's Complaint for Injunctive Relief Against Zahra Ghods
4. Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Steven Paul Arena; et al
The following are documents filed with the Court and Orders issued by the Court in Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Steven Paul Arena; et al. All documents are posted in Adobe Acrobat format.
You can download a free copy of Adobe Acrobat Reader here.
- 2138 62 CONSENT JUDGMENT in favor of Plaintiff against Eugene Lee McCord
Order entering Consent Judgment Against Eugene McCord in the amount of $5,000.00 - 1132_2008.08.21 - Default Judgment as to Defendant Derrick Telling
Order entering Default Judgment Against Derrick Telling in the amount of $668,195.45 - 1131_2008.08.21 - Default Judgment as to Defendants Stuart Irving Robbins and Waterways Management
Order entering Default Judgment Against Stuart Irving Robbins and Waterways Management in the amount of $1,798,568.42 - 1130_2008.08.20 - Default Judgment as to Defendants James M. Matthieson, Seven Star Wines of Moldova, Inc., and Moldova Georgia USA Business Center LLC
Order entering Default Judgment Against James M. Matthieson, Seven Star Wines of Moldova, Inc., and Moldova Georgia USA Business Center LLC in the amount of $118,840.90 - 1122_2008.03.18 - Default Judgment against Mark Goodley and No Guilt Chocolate Company LLC
Default Judgment entered by the Court against Mark D. Goodley and No Guilt Chocolate Company LLC in the amount of $247,933.38 - 1121_2008.03.18 - Default Judgment against Steven Paul Arena and Champion Partners Associates
Default Judgment entered by the Court against Steven Paul Arena and Champion Partners Associates in the amount of $310,519.33 - 1120_2008.03.18 - Default Judgment against Karl Johnson and Majestic Capital Management
Default Judgment entered by the Court against Karl E. Johnson and Magestic Capital Management in the amount of $634,631.04 - 1119_2008.02.28 - Consent Judgment as to Donovan Davidson
Consent Judgment entered by the court as to Donovan Davidson in the amount of $613,208.04 - 1118_2007.10.11 - Exhibits 46-63 to Complaint
Exhibits 46-63 to the Receiver's Complaint - 1117_2007.10.11 - Exhibits 26-45 to Complaint
Exhibits 26-45 to the Receiver's Complaint - 1116_2007.10.11 - Exhibits 1-25 to Complaint
Exhibits 1-25 to the Receiver's Complaint - 1115_2007.10.11 - Complaint
The Receiver's Complaint
5. Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Zahra Ghods; Rusa Cap, Inc.; Unisource Cap, LLC; Double Grace Holdings, Ltd.; Estrella de Fuego S.A.; Jeffrey James Mayo Priebe; Antonio Maria Ruspoli; Simon Gulkanian; and Purya K. Ghrabeti
The following are documents filed with the Court and Orders issued by the Court in S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Zahra Ghods et al. All documents are posted in Adobe Acrobat format.
You can download a free copy of Adobe Acrobat Reader here.
- 2134 DEFAULT JUDGMENT
in favor of Plaintiff against Estrella de Fuego S.A - 2135 DEFAULT JUDGMENT
in favor of Plaintiff against Double Grace Holdings, Ltd - 2136 DEFAULT JUDGMENT
in favor of Plaintiff against Antonio Maria Ruspoli - 2137 DEFAULT JUDGMENT
in favor of Plaintiff against Zahra Ghods, Rusa Cap, Inc. Unisource Cap, LLC - 1114_2008.04.08 - Exhibits R-Y to Complaint
Exhibits R through Y to the Receiver's Complaint against Zahra Ghods et al - 1113_2008.04.08 - Exhibits A-Q to Complaint
Exhibits A through Q to the Receiver's Complaint against Zahra Ghods et al - 1112_2008.04.08 - Complaint
Receiver's Complaint against Zahra Ghods et al
6. Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Barry Beers, Rhonda Beers; Mala Kumar; Kumar Ramalingam; Ziad Minkara; Anthony Mitchell; Arthur Rice; Harry "Hap" Schultz; and Riverfront Properties, Inc.
The following are documents filed with the Court and Orders issued by the Court in Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Barry Beers et al. All documents are posted in Adobe Acrobat format.
You can download a free copy of Adobe Acrobat Reader here.
- 2139_72_11.06.09 CONSENT judgment ORDER_RE: Harry "Hap" Shultz and Riverfront Properties, Inc.
Consent Judgment Order - 2132_67_ORDER_granting_in_part_and_denying_in_part_Motion_for_Summary_Judgment
Summary Judgment Order - 2130_66_ORDER_denying_Motion_to_Withdraw_as_Attorney_granting_Motion_for_Extension_
of_Time_granting_Motion_to_Compel
Order to Produce Documents - 1136_2009.08.11 - Complaint
Complaint
7. Thomas S. Richey, as Receiver for Weston Rutledge Financial Services, Inc.; Zamindari Capital, LLC; Lexington International Fund, LLC, a/k/a Lexington International Fund, Inc.; and Oxford Adams Capital, LLC v. Sundar Rajan, et al. Civil Action File No. 1:09-cv-2176-CC, U.S. District Court for the Northern District of Georgia.
You can download a free copy of Adobe Acrobat Reader here.
- 1139 - 2010.05.18 Default judgment Against Thomas Woodcock
Default judgment - 1141 - 2010.04.10 Notifice of Voluntary Dismissal without Prejudice of Patrick Talbot
Default judgment - 1140 - 2010.04.06 Default judgment Against Cheri Tullos
Default judgment - 2130 - Complaint
Complaint