DALLAS, May 7, 2012 /PRNewswire/ — The following Notice has been issued by the Stanford Financial U.S. Receiver pursuant to an Order of the United States District Court, Northern District of Texas, Dallas Division:
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v. Case No. 3:09-CV-
0298-N
STANFORD INTERNATIONAL BANK, LTD.,
ET AL.,
Defendants.
NOTICE OF LAST DAY TO SUBMIT A PROOF OF CLAIM FORM
TO ANY CLAIMANTS OF THE RECEIVERSHIP ENTITIES LISTED IN THE BOX BELOW
PLEASE TAKE NOTICE THAT the United States District Court for the Northern District of Texas has entered an order establishing September 1, 2012, at 11:59 p.m. (prevailing Central Time) (the “Bar Date“) as the last date for each person or entity (including individuals, partnerships, corporations, joint ventures estates, trusts and governmental units) who asserts a claim (collectively, “Claimants“, as more specifically defined below) against any of the Receivership Entities listed in the box below to submit a Proof of Claim Form.
Receivership Entities
Stanford International Bank, Ltd.
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Stanford Trust Company
Stanford Group Company
Stanford Financial Group Company
Stanford Capital Management, LLC
Stanford Coins & Bullion, Inc.
The list above contains only the more significant of the Receivership
Entities. A complete list of the Receivership Entities is available
at www.stanfordfinancialclaims.com
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A Claimant must identify, in the Proof of Claim Form, the Receivership Entity against which it is asserting a Claim if such information is available to the Claimant. However, a Claimant may submit Proof of Claim Forms against several or all of the Receivership Entities if, based upon a reasonable investigation, such Claimant believes that it holds a Claim against those Receivership Entities or is unsure which Receivership Entity against which it holds a Claim. If the Receiver or his Claims Agent requests additional information regarding the identity of the Receivership Entity or Receivership Entities against which the Claimant’s Claim is properly asserted, the Claimant must respond to the request and provide the requested information if available to the Claimant.
The Bar Date and claims filing procedures set forth below apply to all claims against the Receivership Entities that arose prior to February 16, 2009, the date the Receiver was appointed. If you believe any of the Receivership Entities may owe you money, you should consider filing a claim before the applicable Bar Date. Holders of claims that arose after February 16, 2009 are not required to submit a Proof of Claim Form at this time.
WHO MUST SUBMIT A PROOF OF CLAIM FORM
You MUST submit a Proof of Claim Form if you have a Claim against any of the Receivership Entities that arose prior to February 16, 2009. This includes any Claim based on acts or omissions of Receivership Entities that occurred before February 16, 2009, even if those claims are not now fixed, liquidated, or certain and did not mature or become fixed, liquidated or certain before that date.
All persons or entities (including, without limitation, individuals, partnerships, corporations, joint ventures, estates, trusts, and governmental units) that believe they possess a potential or claimed right to payment, or a claim of any nature, against any of the Receivership Entities and believe that they are owed any money by, or are entitled to a distribution from, any of the Receivership Entities must submit a Proof of Claim Form, unless otherwise expressly stated herein, regardless of whether such claim has been acknowledged by the Receiver (each a “Claimant“).
Claimants include, but are not limited to, any person or entity (including, without limitation, individuals, partnerships, corporations, joint ventures, estates, trusts, and governmental units) that holds a Claim. Without limiting the generality of the foregoing, Claimants specifically include, but are not limited to, any person or entity holding:
- a Claim based on an investment in, with or through a Receivership Entity or a customer transaction with or through a Receivership Entity (”Customer Claims”), including but not limited to claims relating to (1) certificate(s) of deposit issued by Stanford International Bank, Ltd. (”Stanford International Bank, Ltd. CD Claim”); (2) other customer accounts or transactions with Stanford International Bank, Ltd. (”Other Stanford International Bank, Ltd. Claim”); (3) investments in, with or through Stanford Coins & Bullion, Inc. or other customer transactions relating to coins and bullion (”Coin & Bullion Claim”); (4) investments in partnerships or other entities sponsored by a Receivership Entity (”Partnership Claim”); (5) investments in and transactions relating to brokerage accounts held through a Receivership Entity (”Brokerage Account Claim”); (6) investments in, with or through or customer transactions with Stanford Development Company (”Stanford Development Company Claim”); and (7) investments in, with or through any other Receivership Entity or a customer transaction with any other Receivership Entity (”Other Customer Claim”); and
- a Claim of any other kind whatsoever against any Receivership Entity, including, without limitation, Claims based on or relating to (1) the provision of goods or services to any Receivership Entity for which payment has not been made in whole or in part (”Services Claim”); (2) real estate owned or leased by Receivership Entities, including but not limited to past due rent (”Real Estate Claim”); (3) money loaned to any Receivership Entity and that has not been repaid in whole or in part (”Loan Claim”); (4) unpaid wages, compensation, or other employment benefits (”Employment Compensation Claim”); (5) tax liabilities, including those held by federal, state, local or other governmental entities or authorities (”Tax Claim”); and (6) primary, secondary, direct, indirect, secured, unsecured, or contingent liability, whether based on contract, tort, indemnity, reimbursement, subrogation, or other legal or equitable theory (”Other Claim”).
If the Claimant reasonably believes that it has or may have more than one type of Claim against the Receivership Entities, the Claimant must submit a separate Proof of Claim Form for each type of Claim. A Claimant’s failure to submit a separate Proof of Claim Form for each type of Claim shall be a basis for the Receiver to issue a Notice of Deficiency, to which the Claimant must respond.
WHO DOES NOT NEED TO SUBMIT A PROOF OF CLAIM:
“Administrative Claimants” that provided goods or services to the Receivership Entities or the Receiver after the Receiver was appointed on February 16, 2009, are not required to submit a Proof of Claim Form prior to the Bar Date. Claimants that have previously submitted a “Claimant Form” through the Receiver’s website (http://stanfordfinancialreceivership.com/claims.php) are not required to submit a proof of claim prior to the Bar Date but may wish to do so in order to provide additional information to the Receiver. However, upon request from the Receiver, the Claimant may be required to submit additional supporting documentation in order for the Claim asserted in the Claimant Form to be allowed. Beginning on May 4, 2012, the date the Court entered the order setting the Bar Date, Claimants may no longer submit a Claimant Form but shall, instead, submit a Proof of Claim in accordance with the terms of the Court’s Bar Date Order.
WHEN AND WHERE TO SUBMIT A PROOF OF CLAIM
Proof of Claim Forms must be submitted so as to be sent or postmarked on or before September 1, 2012 at 11:59 p.m. (prevailing Central Time) in the following manner: (1) electronically online at www.stanfordfinancialclaims.com; (2) by mail to Stanford Financial Claims, P.O. Box 990, Corte Madera, CA 94976-0990; (3) by courier service, hand delivery, or mail addressed to Stanford Financial Claims, 3301 Kerner Blvd, San Rafael, CA 94901; (4) by electronic mail, as an attachment in portable document format (.pdf), [email protected] or (5) by facsimile or by telecopy to 415-258-9639. For Proof of Claim Forms sent by mail, an official postmark shall serve as proof of the date sent. Claimants who choose to submit Proof of Claim Forms by courier service, hand delivery, electronic mail or facsimile should retain a copy of their bill of lading or other proof that their Proof of Claim was sent by the Bar Date.
CONSEQUENCES OF FAILURE TO SUBMIT A PROOF OF CLAIM BY THE BAR DATE
If, as described in this notice, you are required to submit a Proof of Claim Form but do not do so on or before the Bar Date of September 1, 2012, at 11:59 p.m. (prevailing Central Time) you shall be forever barred, estopped, and enjoined to the fullest extent allowed by applicable law from asserting, in any manner, such Claim against the Receivership Entities and their respective property or estates; shall not be permitted to object to any distribution plan proposed by the Receiver on account of such Claim; shall be denied any distributions under any distribution plan implemented by the Receiver on account of such Claim; and shall not receive any further notices on account of such Claim. Further, the Receivership Entities and their respective property or estates shall be discharged from any and all indebtedness or liability with respect to such Claim. You may wish to consult an attorney concerning this matter.
To obtain additional information and a Proof of Claim Form call: 1-866-964-6301 or (317) 324-0757 Monday-Friday, 7:00 a.m. – 5:00 p.m. (prevailing Pacific Time). Or write to: Stanford Financial Claims, P.O. Box 990, Corte Madera, CA 94976-0990. Or email to: -[email protected]
A copy of the Bar Date Order, Proof of Claim Form, instructions, and additional information for potential claimants is available at www.stanfordfinancialclaims.com
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