MONITORSHIP OF HUNTER WISE COMMODITIES, LLC
Hunter Wise Commodities, LLC; Hunter Wise Services, LLC; Hunter Wise Credit, LLC;
Hunter Wise Trading, LLC; Lloyds Commodities, LLC; Lloyds Commodities Credit Co., LLC;
Lloyds Services, LLC; C.D. Hopkins Financial, LLC; Hard Asset Lending Group, LLC;
Blackstone Metals Group, LLC; Newbridge Alliance, Inc.; United States Capital Trust, LLC;
Harold Edward Martin Jr.; Fred Jager, James Burgage, Frank Gaudino,
Baris Keser, Chadewick Hopkins, John Kink, and David A. Moore

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The trial in this CFTC enforcement action against Hunter Wise was concluded in early March of 2014. The Court, however, has not yet entered a Final Judgment or other final ruling in this case.  Therefore, no receivership, restitution or claims process has been initiated. The Special Monitor and Corporate Manager will notify each investor, customer and creditor of Hunter Wise when the Court has entered the Final Judgement or other final ruling, if and when the Court converts this monitorship to a receivership, and/or if and when the Court authorizes the Special Monitor and Corporate Manager (or Receiver) to propose a claims administration process in which investors, customers and creditors of Hunter Wise will be invited to submit claims to receive a distribution from the Estate.

Order Temporarily Appointing Special Corporate Monitor 
[click here to download]

Order on Plaintiff's Motion for Preliminary Injunction 
[click here to download]


Omnibus Order Denying Defendants' Motions to Dismiss
[click here to download]



Omnibus Order
[click here to download]


SPECIAL MONITOR AND CORPORATE MANAGER'S INITIAL STATUS REPORTS 3/22/13  
[click here
]   

Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
SPECIAL MONITOR AND CORPORATE MANAGER'S SECOND STATUS REPORT 7/2/13    [click here]

Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
SPECIAL MONITOR AND CORPORATE MANAGER'S THIRD STATUS REPORT 9/30/13    
[click here
]


Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
SPECIAL MONITOR AND CORPORATE MANAGER'S FOURTH STATUS REPORT 2/19/14    
[click here]


Exhibit A
Exhibit B
Exhibit C
Exhibit D

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 12-CV-81311-MIDDLEBROOKS/BRANNON

UNITED STATES COMMODITY FUTURES TRADING COMMISSION,

Plaintiff,

vs.

HUNTER WISE COMMODITIES, LLC, HUNTER WISE SERVICES, LLC, HUNTER WISE CREDIT, LLC, HUNTER WISE TRADING, LLC, LLOYDS COMMODITIES, LLC, LLOYDS COMMODITIES CREDIT COMPANY, LLC, LLOYDS SERVICES, LLC, C.D. HOPKINS FINANCIAL, LLC, HARD ASSET LENDING GROUP, LLC, BLACKSTONE METALS GROUP, LLC, NEWBRIDGE ALLIANCE, INC., UNITED STATES CAPITAL TRUST, LLC, HAROLD EDWARD MARTIN, JR., FRED JAGER, JAMES BURBAGE, FRANK GAUDINO, BARIS KESER, CHADEWICK HOPKINS, JOHN KING, AND DAVID A. MOORE,

Defendants.

     

COURT FILINGS AND ORDERS

  1. Complaint for Injunctive and Equitable Relief and Penalties Under the Commodity Exchange Act   
    [click here to download
    ]

  2. Order Temporarily Appointing Special Corporate Monitor  [click here to download] 

  3. Order on Plaintiff’s Motion for Preliminary Injunction [click here to download]

On December 5, 2012, the Commodity Futures Trading Commission (CFTC) filed a Complaint for Injunctive and Equitable Relief and Penalties Under the Commodity Exchange Act (the "Complaint") against Hunter Wise Commodities, LLC, and the other entities and persons listed above (collectively, "Defendants"), commencing the enforcement action of CFTC v. Hunter Wise Commodities, LLC, et al. (the "CFTC Action") in the U.S. District Court for the Southern District of Florida (the "District Court').  

In the Complaint, the CFTC alleges, among other things, that Hunter Wise Commodities, LLC ("Hunter Wise") and the other Defendants, engaged in illegal, off-exchange, financed commodity transactions with retail customers and made various misrepresentations to dealers, brokers, advisors and retail customers in connection with those transactions, in violation of several federal statutes.  In particular, Defendants claim to sell physical commodities, including gold, silver, platinum, palladium and copper, in off-exchange transactions to retail customers (through dealers, brokers, and advisors) throughout the United States, representing that the investment product is physical metal rather than stocks in metal companies or exchange-traded commodity futures.  In fact, no physical metals actually backed those transactions.  As a result, on February 22, 2013, the District Court entered the attached Order Temporarily Appointing Special Corporate Monitor (the "Appointment Order"), and, on February 25, 2013, entered the Order on Plaintiff's Motion for Preliminary Injunction (the "Preliminary Injunction Order").  In accordance with the Appointment Order and the Preliminary Injunction, the Court-appointed Special Monitor/Corporate Manager has taken immediate steps, and will make every possible effort, to marshal and preserve the assets of all retail customers.

The Special Monitor/Corporate Manager encourages retail customers, dealers, brokers and advisors who conducted transactions with Hunter Wise and any of the other Defendants to carefully review the Complaint and the District Court's Orders (links to which are set forth above) so they understand the nature of the claims alleged against Defendants in the CFTC Action and the extent and scope of the Special Monitor/Corporate Manager's duties and authority under those Orders.  On or before March 24, 2013, the Special Monitor/Corporate Manager will provide (on this website) additional information regarding the investigation into Defendants' business operations and the assets of their retail customers.  For further information regarding the CFTC Action and how it may affect retail customers, dealers, brokers and advisors, please contact the CFTC's hotline at 312-596-0608 and visit the CFTC's website (www.cftc.gov/ConsumerProtection/CaseStatusReports/HunterWise). You may also contact a representative of the Special Monitor/Corporate Manager at 305-542-4410 and HunterWiseManager@dvllp.com.  Finally, you may visit the Hunter Wise website (http://www.hwcom.com), which is now under the control of, and will contain information provided by, the Special Monitor/Corporate Manager.

Please understand that neither the Special Monitor/Corporate Manager nor any of her attorneys or other representatives may provide you with legal, tax and/or accounting advice in connection with this or any other matter.  Should you require such advice, the Special Monitor/Corporate Manager asks that you contact your own attorney, accountant or other professional.

The Special Monitor/Corporate Manager encourages you to periodically visit the CFTC website and the Hunter Wise website as they will be updated with additional information throughout the course of the CFTC Action. Thank you.

 
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