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UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI
DIVISION
SECURITIES
AND EXCHANGE COMMISSION V.
CHARLES O.
MORGAN, JR., AS PERSONAL REPRESENTATIVE OF
THE ESTATE
OF FREDERICK J. KUNEN
CASE NO:
07‑22204‑CIV‑GOLD/TURNOFF
COURT‑ORDERED LEGAL NOTICE
IF YOU INVESTED IN
THE OPTIONS INDEX TRADING STRATEGY OFFERED BY
FREDERICK J. KUNEN, D.T. CAPITAL, TERRY PROVENCE,
CMW, OR CMHI (THE “KUNEN INVESTMENT SCHEME”) DURING
THE PERIOD OF DECEMBER 1, 2006 TO SEPTEMBER 1, 2007
(“THE KUNEN FRAUD PERIOD”) YOU MAY BE
ENTITLED TO RECEIVE A PAYMENT FROM FUNDS RECOVERED.
On July 7, 2008, the Court approved a
Distribution Plan to distribute disgorgement and
civil penalty amounts received from Frederick J.
Kunen (deceased), Terry E. Provence, DT Capital LLC,
and other related sources to proper claimants. If
you invested in the Kunen Investment Scheme during
the Kunen Fraud Period, you may be eligible to
receive benefits from the
Kunen Fraud
Recovery Fund. If you qualify, you may send
in a Proof of Claim Form to obtain benefits.
How was the
Kunen Fraud
Recovery Fund created?
The Kunen Fraud
Recovery Fund was created as a result of the
Securities and Exchange Commission’s successful
enforcement action against Frederick J. Kunen
(deceased), Terry E. Provence and DT Capital LLC,
and the Receiver’s action against certain other
defendants. The Commission’s action asserted that
the defendants willfully used schemes to defraud
investors by promoting a fraudulent options
investment scheme and making untrue statements of
guaranteed return, low risk, long historical
performance, and other misrepresentations that
enticed primarily inexperienced investors to turn
over money to the Kunen Investment Scheme. The
Court appointed a receiver to marshal and safeguard
investor assets to the extent that they could be
located and recovered, and the amounts recovered
including interest have been deposited into a
Court-approved receivership account, the proceeds of
which will be distributed to Eligible Claimants
pursuant to the Court-approved Distribution Plan.
The Potentially Eligible Claimants include
all persons or entities that
invested in the
Kunen Investment Scheme during the Kunen Fraud Period
who have not already recovered their investments or who
were involved in the scheme. You are not
entitled to a recovery from the
Kunen Fraud
Recovery Fund if you already have received a
return of your investment equal to or in excess of the
amount invested by you. In short, to be eligible, you
must have incurred an aggregate net loss from your
combined investments in the Kunen Investment Scheme
during the Kunen Fraud Period.
The Proof of Claim form package contains all
of the information you need. You will find copies of the
Proof of Claim form package and additional information
about the Kunen
Fraud Recovery Fund on the website
www.KunenReceivership.com. You may also obtain
information regarding the claim process by calling the
Receiver, Scott M. Dimond, at 305-374-1920 or you may
submit questions by mail to the Receiver, Scott M.
Dimond, Esq., Dimond Kaplan & Rothstein, P.A., 2665
South Bayshore Drive, Miami, FL 33133, or via e-mail at
SDimond@dkrpa.com.
