Warning Restitution Registration Deadline For Okun-Coleman Victims December 29, 2008

Chicago Sun-Times published this deansguide article 12-07-08

The following email notice was sent to all Okun-Coleman victims of the 1031 Tax Group scandal by the US Department of Justice. If you were one of the 1031 Tax Group victims of Ed Okun and Lara Coleman, you MUST register your financial loss as described in the letter copied below.

Warning: Are You On US Department of Justice Mailing List?

If you do not receive a hard copy in the mail, the CRIMINAL court doesn’t have your correct address. It is imperative that you alert Kim Ulmet, with the US Department of Justice, so she can update or correct the victims’ mailing list she is developing/maintaining to ensure you receive other official court documents. Her information is below. If you fail to follow the steps below, you could miss out on the opportunity to recieve any restitution via the criminal court process (which is totally different from the ongoing bankruptcy mess).

Kim Ulmet Contact Information:

U.S. Department of Justice,
United States Attorney’s Office Eastern District of Virginia in Richmond
600 East Main Street, Suite 1800,
Main Street Centre,
Richmond, VA 23219
Phone: 866-287-5410
Fax: 804-771-2316

The Letter:

December 01, 2008

RE: United States v. Defendant(s)

Case Number 2007R01837 and Court Docket Number 3:08CR132
United States v. Edward H. Okun

Important Notice: Victim Verification of Financial Losses
Enclosed you will find a form entitled, “Important Notice: Victim Verification of Financial Loss,” which requests information and supporting documentation concerning your financial loss associated with Edward H. Okun, d/b/a 1031 Tax Group and Investment Properties of America (IPA). The Qualified Intermediaries relevant to this case include: 1031 Advance; 1031 Security Services; Atlantic Exchange Company; Investment Exchange Group; National Exchange Services; and Real Estate Exchange Services. It is imperative that the enclosed form and your supporting documentation be completed and submitted to the United States Attorney’s Office, Attn: Kim Ulmet, Victim/Witness Specialist, 600 East Main Street, Suite 1800, Richmond, VA 23219 and be postmarked no later than Monday, December 29, 2008. You must submit the form with your original signature, however, your supporting documents may be copies. If your Victim Verification of Financial Loss form and supporting documentation outlining your financial loss are not postmarked by December 29, 2008, your name may not be included in the list of victims that will be submitted to the Court for restitution purposes.
Although you may have received and completed a survey from the United States Postal Service and/or filed a claim with the Bankruptcy Trustee, you must complete the enclosed form to be considered for restitution. In addition, you must sign the declaration under Penalty of Perjury and attach all requested supporting documentation. The restitution process is entirely separate from the pending bankruptcy proceedings. As you will see from the attached form, the relevant inquiries are different and require specific documentation. We appreciate your patience and cooperation with this process.

This notification will be sent through email and regular mail. If you do not receive this notification in the U.S. mail within two weeks, please log in to the VNS website, update your address, and call me at 866-287-5410 to ensure we have your updated contact information.

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U.S. Trustee McHale “Continuation of Bankruptcy-Criminal Proceedings Collectively Serving The Interests of Justice”

United States Trustee Gerald McHale recently brought suit against Wachovia Bank, and affiliates, for the recovery of “$43 million of conveyances allegedly made to Wachovia in the form of cash and mortgage liens, and the imposition of equitable liens and constructive trusts on several properties in which Wachovia continues to hold liens, or the proceeds therefrom.” Allegations abound that Wachovia not only helped Ed Okun in his scheme but perpetuated it’s continuation despite their (Wachovia’s) knowledge that Okun was violating many banking laws in his business practices.

Today Gerald McHale announced that he has filed a “Statement of Position and Response” to judge Payne’s order in the Ed Okun criminal case. The statement was filed in regards “to the effect of the pending bankruptcy cases of the 1031 Debtors on the likely availability of funds for the purpose of restitution in the criminal case.” The statement was filed October 15, 2008.

3 Key Points

1. McHale agrees “concurs” with the presentation set forth in the Government Statement filed September 12, 2008. See US vs Okun (Government Position) pdf bottom of article.

2. McHale submits that the continuation of the bankruptcy proceedings and the criminal proceedings “are collectively serving the interests of justice and judiciary effciency.”

3. McHale asserts that “Victims of the criminal case are better served by the bankruptcy process which is well underway and has already resulted in the liquidation of many tangible assets and other recoveries.”

Sad But True

The saddest but most likely true statement is the one McHale uttered at the end of his announcement:

“Victims could see some recovery through the bankruptcy process sooner than the time that would be required for the defendant’s convictions in the criminal case will be final.”

Newsflash: Denver “Okun Victims” Sue Former IXG Founders

IBS affiliate WX1112.com Greensboro Winston-Salem, NC published this deansguide article June 21, 2008

The plot continues to thicken as swindled investors scramble to recover what few pennies exist from their embezzled 1031 exchange funds, many representing investor life savings, in the fallen Ed Okun 1031 Tax Group “Ponzi” scheme.

A concerned “citizen” sent the following link to a June 20, 2008 Denver Business Journal storyEx-clients sue IXG founders in 1031 Tax Group Bankruptcy.” According to writer Renee McGaw ex-Okun employees Daniel and Shirley McCabe are the subjects of the lawsuit and controversy.

The McCabes were the original owners of the Investment Exchange Group (IXG) in Denver until Okun purchased the business in August of 2006 through his 1031 Tax Group business.

In the Denver Business Journal article Jeffrey Cohen, attorney for Denver based victims of the McCabes and Okun, stated:

We believe that the McCabes misused and mishandled funds that were under their control”

Main Source

http://www.bizjournals.com/denver/stories/2008/06/23/story3.html

A Look Back In Time: Why Did The US Government Not Charge Ed Okun With RICO Violations?

IBS published this deansguide article June 17, 2008 for the Greensboro Winston-Salem, North Carolina NBC affiliate

Editor’s Correction: The RICO lawsuit filed by Anita Hunter against Ed Okun was actually filed in May of 2007 not May of 2008 as originally reported. Apologies to all parties involved. In May of 2007, I was just beginning to report on the Ed Okun 1031 Advance connection and the overall scheme of his 1031 Tax Group actions. I missed this very noteworthy item as my focus had not shifted to the 1031 scandals rocking our country until later on in the summer of 2007

The fact of the matter still remains that Ms. Hunter is the only victim to attempt this action to our knowledge.

Ed Okun was sued in May 2007 by victim Anita Hunter under the Racketeering Influenced and Corrupt Organization Act aka RICO. RICO was the major weapon wielded by Rudy Guiliani in his fight with the Mob in New York.

Analysis: It looks like somebody was calling this crime exactly what it is and what it was during it’s commission–a conspiracy. With all of the government’s power, money, and time, it still took a Okun victim to drop the hammer with the one law he should have been charged with in the beginning-RICO.

RICO Act and the Department of Justice:

“It is unlawful for anyone employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt”

Justia.com Files

1. Plantiff Anita Hunter is suing Defendant Ed Okun, Okun Holdings, Inc., Investment Propertities of America, LLC and Richard B Simring
2. Cases Filed In: Northern California Federal District Court
3. Case: #5:2007cv02795
4. Filed: May 30, 2007 (correction)
5. Office: San Jose
6. County: Santa Clara County
7. Presiding Judge: Magistrate Richard Seeborg
8. Presiding Judge: Hon. James Ware
9. Referring Judge: Magistrate Richard Seeborg
10. Nature of Suit: RICO other statutes
11. Cause: 18:1962 Racketeering (RICO) Act
12. Jurisdiction: Federal Question
13. Jury Demanded By: Plaintiff

Okun Victims Notice: Judge Authorizes “Telephonic Participation” In June 11th Fee Application Hearing

According to US Trustee Gerald McHale’s latest notice the following developments have taken place for the upcoming June 11, 2008 Fee Application hearing. This hearing is taking place to review the application for payment of fees by the many entities that are being utilized by the Okun victims in their fight to recover their stolen monies. The following is from McHale’s June 5th notice:

“PLEASE TAKE NOTICE that the Honorable Martin Glenn, United States Bankruptcy Judge, has authorized counsel and parties appearing in this case to attend and participate telephonically, via Courtcall, in the hearing to be held before the Court on June 11,2008 at 11 :00 a.m. (the “June 1 1 Hearing”) concerning the First Interim Fee Applications for Allowance of Compensation and Reimbursement of Expenses of (i) Gerard A. McHale, Jr., the Chapter 11Trustee.”

The first round of negotiations of fee applications begins as the monies being sought for victims again take a hit. It seems like everyone wants to get paid but the people most deserving are getting nothing and have lost the most.

Former Ed Okun Interviewee Speaks Out: Most Outrageous Okun Story Yet?

The list of stories about Ed Okun just increased by one with the following candid and eye opening comment left on deansguide. The comment by, Alden Chevlan, a man who was being wooed by Okun’s organization for a position in their legal department is all too familiar. Tons of money thrown around, no business sense, a suspicious lack of business acumen and a sad case of spending other people’s money for fun.

“I am not surprized to read of the demise of IPofA. I interviewed with the company for the number two legal spot in 2006. After a brief visit (less than two hours)I returned to the airport and my home. Shortly thereafter I was offered a position by the HR director, without ever meeting my future CEO (a former paralegal who had worked with Okun’s outside law firm), or Okun. When I inquired about a second interview, my wife and I were flown to Richmond, put up in a lavish hotel, etc, with no expenses spared. The strange thing was that no interview time had been set and the CEO had not taken the time to review my travle schedule. I did meet with her, with barely enough time to return the rental car and catch my flight. She met me in a “poodle skirt” wearing “Queen Bee” fluffy slippers and spent the entire hour on the phone with Okun who was frantic over the disappearnace of his poodle. MY wife met the office staff, which consisted of two of the CEO’s sisters and a handful of seemingly nice people. I never heard from them again and my wife was quite relieved after learning of the CEO’s paralegal background and her staff of siblings. I did get a nice gift bag with a T-shirt, hat, coffee mug, calculator, sunscreen and other objetcs all advertising his Indy racing team.”

From Is This Where the 1031 Tax Group Victim’s Monies Disappeared?, 2008/06/05 at 11:22 PM

Newsflash-Deadline To Dispute Ed Okun 1031 Tax Group Recovery “Fee Applications” May 29: The Money Leaking Out Of Your Pocket

One of the most difficult realities in the Ed Okun rip off and scandal of the 1031 Tax Group, beyond how this guy could get away with it for so long, is the amount of money (debtor recovery funds) victims will pay for the privilege of attempting to recover their own monies.

If you are a debtor (owed monies in this case) and you wish to dispute the amount of legal fees, administrative fees, and every other Tom-Dick-n’ Harry with his collective hand in your pocket fees being sought, then NOW is the time for you to speak up.

Deadline To Dispute

According to US Trustee Gerald McHale’s website story “Order Setting New Fee App Hearing on 6/11/2008” your cut off to dispute these costs:

ORDERED, that any party wishing to object to these fee applications must file an objection by Thursday, May 29, 2008 at 5:00 p.m.”