Announcements

12/6/2017
Receiver Files Unopposed Motion to Approve (1) Second Interim Distribution; (2) Determination of Late-Filed Claim; and (3) Disbursal of Funds
On December 1, 2017, the Receiver filed an Unopposed Motion to Approve (1) Second Interim Distribution; (2) Determination of Late-Filed Claim; and (3) Disbursal of Funds. The Report may be viewed here.


11/17/2017
Receiver Files Verified Twelfth Interim Report and Incorporated Twelfth Report of Inventory
On November 17, 2017, the Receiver filed his Verified Twelfth Interim Report and Incorporated Twelfth Report of Inventory.  The Report may be viewed here.


7/20/2017
Receiver Files Verified Eleventh Interim Report and Incorporated Eleventh Report of Inventory
On July 20, 2017, the Receiver filed his Verified Eleventh Interim Report and Incorporated Eleventh Report of Inventory.  The Report may be viewed here.


7/6/2017
Notice To Investors And Others Of Receiver’s Motion To Approve Settlement With Stoel Rives, Llp And Jodi Johnson, Including Proposed Bar Order

The Notice To Investors And Others of Receiver's Motion to Approve Settlement with Stoel Rives, LLP and Jodi Johnson, Including Proposed Bar Order may be viewed here.


5/3/2017
The State of Florida Office of Financial Regulation Files Administrative Complaints Against Sales Agents
On April 5, 2017, The State of Florida Office of Financial Regulation filed Administrative Complaints against various sales agents including A.J. Brent, Jr., Elliot Simon, John Parker, John Burns and William Gross.  The Administrative Complaints may be viewed in the Court Documents section of the website.


3/27/2017
Court Grants Motion to Expand Receivership to Include Tri-Med Management, Inc., JA Management, LLC and JRAM, LLC
On March 24, 2017, the Court entered an Order granting the Receiver's Motion to Expand Receivership to Include Tri-Med Management, Inc., JA Management, LLC and JRAM, LLC. The Amended Order may be viewed in the Court Documents section of the website.


3/13/2017
Receiver Files Verified Tenth Interim Report and Incorporated Tenth Report of Inventory
On March 10, 2017, the Receiver filed his Verified Tenth Interim Report and Incorporated Tenth Report of Inventory.  The Report may be viewed here.


3/6/2017
Receiver’s Emergency Motion to Approve Sale of Assets and Incorporated Memorandum of Law
On March 6, 2017 the Receiver filed an Emergency Motion to Approve Sale of Assets and Incorporated Memorandum of Law. The Motion can be reviewed by clicking the following link - Motion.


2/28/2017
Receiver's Motion to Expand Receivership to Include Tri-Med Management, Inc., JA Management, LLC and JRAM, LLC
On February 28, 2017 the Receiver filed a Motion to Expand Scope of the Receivership to Include Tri-Med Management, Inc., JA Management, LLC and JRAM, LLC and Incorporated Memorandum of Law. The Motion can be reviewed by clicking the following link - Motion to Expand.


2/17/2017
First Amended Complaint and Investors' First Amended Class Action Complaint Against Stoel Rives LLP, Jodi Johnson, Charles Corces, P.A. and Charles Corces Filed on February 7, 2017.
On February 7, 2017 a First Amended Complaint and Investors' First Amended Class Action Complaint Against Stoel Rives LLP, Jodi Johnson, Charles Corces, P.A. and Charles Corces Filed was filed.  The Amended Complaint may be viewed here.


11/15/2016
Receiver Files Verified Ninth Interim Report and Incorporated Ninth Report of Inventory
On November 15, 2016, the Receiver filed his Verified Ninth Interim Report and Incorporated Ninth Report of Inventory.  The Report may be viewed here.


9/21/2016
Notice To Investors And Others Of Receiver’s Motion To Approve Settlements With Stephen D. Marlowe, Brian Stayton, And Their Law Firms, Including Proposed Bar Orders
The Notice To Investors And Others Of Receiver’s Motion To Approve Settlements With Stephen D. Marlowe, Brian Stayton, And Their Law Firms, Including Proposed Bar Orders can be viewed here.


9/19/2016
Eric and Irwin Ager Criminally Charged in Connection With the Tri-Med Ponzi Scheme

The U.S. Attorney’s Office for the Middle District of Florida has criminally charged Eric and Irwin Ager in connection with the Tri-Med Ponzi scheme.  The charges against the Agers are contained in Informations available here and here.  The Agers pled guilty to the charges, which specify that others were also involved in the scheme, and copies of the guilty pleas are available here and here.


8/19/2016
Tri-Med Receiver Announces $600,000 In Settlements

On August 15, 2016, Burton W. Wiand, as Receiver including for Tri-Med Corporation and Tri-Med Associates, Inc. filed a motion with the receivership court for approval of settlement agreements between the Receiver, on behalf of the entities for which he serves as Receiver, and (1) Stephen D. Marlowe and his law firm, Marlowe McNabb Machnik, P.A. (f/k/a Marlowe McNabb, P.A.), and (2) Brian Stayton and his law firm, The Stayton Law Group, P.A.  The settlement agreements require Marlowe to pay to the Receiver $500,000 and Stayton to pay to the Receiver $100,000 (for the ultimate benefit of the receivership estate) in exchange for the Receiver’s release of all claims that could have been asserted against Marlowe or Stayton, including any and all claims arising from or related in any way to their involvement with or provision of services to Tri-Med or any other receivership entity.  In addition, the motion requests that the Court enter orders barring any claims against Marlowe or Stayton relating to Tri-Med, including by investors or by potential joint tortfeasors for contribution or indemnity.

 

Insiders of the Tri-Med Ponzi scheme retained professionals like lawyers and accountants – including Marlowe and Stayton – to give their scheme the appearance of legitimacy and make potential investors feel more comfortable.  For example, investors were told that Marlowe was responsible for, among other things, holding investors’ money in trust pending its use to purchase letters of protection.  During the entirety of the scheme, however, only approximately $2.8 million of the more than $17.6 million raised from investors was deposited in trust with Marlowe.  Insiders diverted the vast majority of the money invested in Tri-Med for their personal and others’ benefit.  Similarly, in some cases, Stayton signed documents associated with letters of protection that did not exist.  Insiders fabricated dozens of letters of protection and instead of purchasing medical receivables, they used investors’ money to enrich themselves, purchase real estate, and fund unrelated business ventures.
 
The settlement amounts represent more than the maximum amounts presently available under Marlowe’s and Stayton’s respective professional liability policies and require the payment of personal funds in addition to insurance proceeds.  Based on the information reviewed by the Receiver, the settlements also constitute a recovery by the receivership entities of an amount well in excess of all fees received by Stayton and Marlowe, collectively, as a result of their dealings with Tri-Med.
 
 
Should you have any questions or require further information concerning the proposed settlement terms or the process for submitting a response to the Receiver’s Motion, please contact the Receiver’s counsel, Jordan Maglich, either by email at jmaglich@wiandlaw.com or by telephone at (813) 347-5100.


8/13/2016
Receiver Sues Law and Accounting Firm that Aided and Abetted the Tri-Med Scheme

On April 5, 2016, the Receiver and a committee of investors filed a class action complaint against a law firm and an accounting firm that aided and abetted the Tri-Med scheme.  Among other things, the complaint alleges that Minnesota- based attorney Jodi Johnson and her law firm, Stoel Rives LLP, knew that insiders were selling Tri-Med securities in violation of state and federal securities laws and making material, fraudulent misrepresentations and omissions to investors.  Nevertheless, they continued to provide legal services to Tri-Med and its principals, assisting Jeremy Anderson, among others, to divert millions of dollars in investors’ money to unauthorized purposes.  In exchange, they received hundreds of thousands of dollars in fees.  Similarly, accountant Charles Corces and his firm, Charles Corces, P.A., were supposed to provide escrow services to Tri-Med but they knowingly made improper payments from the escrow account and otherwise aided and abetted the Tri-Med scheme.  The case is currently pending in the United States District Court for the Middle District of Florida, but the Receiver and the investors committee are seeking to remand the case to state court where it was originally filed.



7/18/2016
The Receiver Files Verified Eighth Interim Report and Incorporated Eighth Report of Inventory
On July 18, 2016, the Receiver filed his Verified Eighth Interim Report and Incorporated Eighth Report of Inventory.  The Report may be viewed here.


6/30/2016
Jeremy Anderson Arrested

The Receiver has learned that Jeremy Anderson was arrested in Minnesota on June 30, 2016, for grand theft by swindle. While the Receiver understands that the allegations surrounding that arrest are not directly related to Tri-Med but instead arise from efforts by Anderson within the last year to obtain money through other bogus activities tied to fake medical receivables, the Receiver will continue to coordinate with Minnesota authorities to assist in any way that he can and to protect any assets directly or indirectly tied to Tri-Med


3/18/2016
The Receiver Files Verified Seventh Interim Report and Incorporated Seventh Report of Inventory
On March 18, 2016, the Receiver filed his Verified Seventh Interim Report and Incorporated Seventh Report of Inventory.  The Report may be viewed here.


12/22/2015
Court Grants Receiver’s Motion To (1) Approve Determinations And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution And A First Interim Distribution And (4) Establish Objection Procedure
On December 17, 2015, the Court entered an Order grating the Receiver’s Motion To (1) Approve Determinations And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution And A First Interim Distribution And (4) Establish Objection Procedure.  The Order may be viewed here.


12/11/2015
Court Grants Motion to Expand Receivership to Include Rejuva Medical and Wellness, LLC
On December 11, 2015, the Court entered an Order granting the Receiver's Motion to Expand Receivership to Include Interventional Pain Center, PLLC.  The Order may be viewed in the Court Documents section of the website.


11/17/2015
The Receiver Files Verified Sixth Interim Report and Incorporated Sixth Report of Inventory
On November 17, 2015, the Receiver filed his Verified Sixth Interim Report and Incorporated Sixth Report of Inventory.  The Report may be viewed here.


10/6/2015
Court Grants Motion to Expand Receivership to Include IPC
On September 30, 2015, the Court entered an Order granting the Receiver's Motion to Expand Receivership to Include Interventional Pain Center, PLLC.  The Order may be viewed in the Court Documents section of the website.


9/9/2015
Receiver Files Receiver’s Motion To (1) Approve Determinations And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution And A First Interim Distribution And (4) Establish Objection Procedure
The Motion may be viewed here.


8/6/2015
The Receiver Files Motion to Expand Receivership to Include Interventional Pain Center, PLLC and supporting Affidavit
On August 6, 2015, the Receiver filed Motion to Expand Receivership to Include Interventional Pain Center, PLLC and his supporting Affidavit.  The Motion may be viewed in the Court Documents section of the website.


7/20/2015
The Receiver Files Verified Fifth Interim Report and Incorporated Fifth Report of Inventory
On July 20, 2015, the Receiver filed his Verified Fifth Interim Report and Incorporated Fifth Report of Inventory.  The Report may be viewed here.


4/2/2015
Court Grants Receiver's Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proof of Claim, and (3) Permit Notice by Mail and Publication and Incorporated Memorandum

On March 27, 2015, the Court entered an Order granting the Receiver’s Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proofs of Claim and, (3) Permit Notice by Mail and Publication.  A copy of the order can be found here.

By granting the Receiver’s Motion, the Court has approved a procedure for each person or entity who
thinks that he or she may have a claim against the Receivership to submit a claim to the Receivership assets. If you believe you may have a claim arising out of or in any way related to the acts, conduct or activities of the Receivership Entities, you MUST submit an original, written Proof of Claim Form as set forth in the Claim Process Instructions and Proof of Claim Form.  The Proof of Claim Form must be received by the Receiver on or before June 30, 2015FOR INVESTORS, THIS IS THE PROCEDURE BY WHICH YOU MAY SEEK TO RECOVER FOR YOUR LOSSES FROM THE RECEIVERSHIP.

On April 1, 2015, the Receiver mailed each known investor, other known potential creditors, and certain other individuals a letter advising of this procedure, a Proof of Claim Form, and the Claims Process Instructions.  Click here for a sample copy of this letter. If you did not receive a letter from the Receiver and you believe that you should have received one, please contact Mary Gura at (813) 347-5100 or mgura@wiandlaw.com.  Alternatively, a copy of The Proof of Claim Form can be found here and a copy of the Claims Process Instructions can be found here.

THE CLAIMS BAR DATE IS JUNE 30, 2015.  ANY PERSON OR ENTITY WHO FAILS TO SUBMIT A PROOF OF CLAIM TO THE RECEIVER ON OR BEFORE THE CLAIMS BAR DATE (JUNE 30, 2015) SHALL BE FOREVER BARRED AND PRECLUDED FROM ASSERTING A CLAIM AGAINST THE RECEIVERSHIP OR RECEIVERSHIP ENTITIES. 


3/24/2015
The Receiver Files Verified Fourth Interim Report and Incorporated Fourth Report of Inventory
On March 23, 2015, the Receiver filed his Verified Fourth Interim Report and Incorporated Fourth Report of Inventory.  The Report may be viewed here.


3/6/2015
Office of Financial Regulation Files Supplemental Opposition to Motion Seeking Relief from Injunction

On March 6, 2015, the Office of Financial Regulation ("OFR") filed a Motion with the Court detailing recent efforts by Defendants Jeremy Anderson and Irwin Ager and sale agents A.J. Brent and John Parker to interfere with the Receivership and to again mislead investors and the Court, including by:  (1) making misrepresentations to investors about the benefits and outcome of a bankruptcy filing; (2) forging investors' signatures on documents filed with the Court; and (3) using proceeds of their fraudulent scheme to pay for attorney's fees, including for sales agent A.J. Brent.    

In its Motion, the OFR requests that the Court issue an Order to Show Cause as to why Defendants Anderson and Irwin Ager and sales agents A.J. Brent and John Parker, should not be held in contempt for their actions, which violate the Court's injunctions.

The Receiver encourages every investor to read the Motion, and urges all investors dealing with these individuals to exercise extreme caution and to contact Greg Melchior at the Office of Financial Regulation or the Receiver's office at 813-347-5100 if contacted by any of these  individuals.  The Motion may be viewed here.


2/17/2015
Receiver Files Supplemental Report
On February 17, 2015, the Receiver filed a Supplemental Report in order to inform the Court and investors of significant activities which recently have been completed and/or are underway at this time.  The Receiver's Supplemental Report is available for review by clicking here.


2/17/2015
Receiver Files Lawsuits Against Sales Agents

On February 17, 2015, the Receiver filed two lawsuits in the Pinellas County Circuit Court against 21 sales agents who solicited investors to invest with Tri-Med.  Those lawsuits seek to recover over $680,000 of investors’ money which was fraudulently transferred to the sales agents as “commissions” between 2011 and 2014.  Copies of the lawsuits are available for review here and here


2/11/2015
Receiver Files Motion to Approve Medical Accounts Receivable Collection Agreement with Thomas Carey, J.D., LLM, P.A.
On February 11, 2015 the Receiver filed a Motion to Approve Medical Accounts Receivable Collection Agreement with Thomas Carey, J.D., LLM, P.A.  The Motion is available for review here


2/11/2015
Receiver Sends Correspondence to Tri-Med Investors

On February 10, 2015, the Receiver mailed a letter to each  investor regarding the filing of Motion relating to claims process and other efforts and events.  The letter is available for your review here.


2/10/2015
Receiver Files Motion Relating To Claims Process & Distributions To Investors

On February 9, 2015, the Receiver filed a Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proof of Claim, and (3) Permit Notice by Mail and Publication and Incorporated Memorandum of Law (the “Motion”).  

Receiver’s Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proof of Claim, and (3) Permit Notice by Mail and Publication and Incorporated Memorandum of Law

Exhibit A – Proof of Claim Form

Exhibit B – Claims Process Instructions

Exhibit C – Notice of Deadline Requiring Filing of Proof of Claims

Exhibit D – Acknowledgement Letter

Exhibit E – Proposed Order Granting Motion

The Motion asks the Court to establish a claims process which will be used to finalize the amount of money to which each investor and other creditor will be entitled and then to make distributions of money from the Receivership estate.   


2/10/2015
Attention Tri-Med Investors (Updated):

 

At the October 22, 2014, Court hearing, the Office of Financial Regulation (“OFR”) and Defendants Eric Ager, Irwin Ager, and Teresa Simmons Bordinat announced that the claims asserted by OFR against these Defendants have been resolved in principal.  As part of that settlement, these Defendants consented to converting the current temporary injunction against them to a permanent one, they consented to the Receivership, and they agreed to make restitution to the Receivership in an amount to be determined by the Court at a later date.  The documents memorializing the settlement with Defendant Teresa Simmons Bordinat is available here.

On October 22, 2014, the Court heard evidence for most of the day. At the conclusion, the Court found that the evidence presented by the Office of Financial Regulation showed that the defendants engaged in widespread fraud. As a result, the Court decided to maintain the injunction, asset freeze, and receivership in place. The transcript of the proceedings and the Order of the Court are available for review – Transcript and Order


The Receiver has learned that investors in Tri-Med Corporation have received correspondence about efforts to place Tri-Med in involuntary bankruptcy, including correspondence from investor Robert McClellan. The Receiver’s investigation has revealed that Defendants are involved in these efforts and that the correspondence contains reckless and false statements and ignores much of Defendants’ fraudulent activities. The Court has scheduled a hearing for October 22, 2014, during which the Office of Financial Regulation will present to the Court evidence of Defendants’ securities fraud. The Receiver urges each investor to exercise caution in addressing this or any other correspondence relating to this matter that was not sent by the Office of Financial Regulation or the Receiver, and investors are encouraged to contact the Receiver’s office before responding or providing any information requested by such correspondence.


12/1/2014
Receiver Files Verified Third Interim Report and Incorporated Report of Inventory
Click Here to view report.


10/27/2014
Please review the Court Documents section for the Court Orders related to the October 22, 2014 hearing


7/23/2014
Receiver Files Verified Second Interim Report and Incorporated Report of Inventory
On July 23, 2014, the Receiver filed his Verified Second Interim Report and Incorporated Second Report of Inventory.  The Report may be viewed here.


5/14/2014
Court Grants Receiver's Motion to Expand
On May 14, 2014 the Court granted the Receiver's Motion to Expand Scope of the Receivership to Include TMFL Holdings, LLC,  The Court's Order can be reviewed by clicking here.


5/13/2014
OFR files Second Amended Complaint
The Office of Financial Regulation filed a Second Amended Complaint on May 12, 2014.  A copy of the Second Amended Complaint can be reviewed here.


5/7/2014
Receiver files First Report of Inventory
The Receiver filed his First Report of Inventory on May 7, 2014.  A copy of the Receiver's First Report of Inventory can be reviewed here.


4/29/2014
Receiver's Motion to Expand Receivership

On April 28, 2014 the Receiver filed a Motion to Expand Scope of the Receivership to Include TMFL Holdings, LLC, and Incorporated Memorandum of Law and an Affidavit in Support of Motion to Expand Scope of the Receivership to Include TMFL Holdings, LLC.   These court filings can be reviewed by clicking the following links - Motion to Expand and Receiver's Affidavit.
 


3/26/2014
OFR files Amended Complaint

The Office of Financial Regulation filed an Amended Complaint on March 26, 2014.  A copy of the Amended Complaint can be reviewed here.


3/25/2014
Receiver's First Interim Report
On March 25, 2014, the Receiver filed his First Interim Report with the Court. The Report is available for download here.