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Mueller Receivership

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 Receivership Information

C. Randel Lewis was appointed as the Receiver for the Mueller Receivership.
 
This website is maintained by Lindquist & Vennum P.L.L.P., attorneys for C. Randel Lewis, in his capacity as Receiver.  The purpose of the site is to provide selected pleadings, documents, key dates and status reports to interested parties regarding this matter.  Neither the Receiver nor his counsel can or will provide legal advice to creditors, investors, or other interested parties.  As the Mueller Receivership proceeding is a complex legal matter, all parties are encouraged to retain and consult with their own legal counsel regarding this matter.

 Receivership Reports

Receiver's February 2017 Status Report.PDF
Receiver's February 2017 Status ReportUse SHIFT+ENTER to open the menu (new window).
2/1/201779 KB
Receiver's November 2016 Status Report.pdf
Receiver's November 2016 Status ReportUse SHIFT+ENTER to open the menu (new window).
11/8/201680 KB
Receivers August 2016 Status Report.pdf
Receivers August 2016 Status ReportUse SHIFT+ENTER to open the menu (new window).
8/8/2016315 KB
Receiver's June 2016 Report.pdf
Receiver's June 2016 ReportUse SHIFT+ENTER to open the menu (new window).
6/14/2016221 KB
Receiver's November 2013 Report.pdf
Receiver's November 2013 ReportUse SHIFT+ENTER to open the menu (new window).
11/20/2013258 KB
Receiver's May 2013 Report.pdf
Receiver's May 2013 ReportUse SHIFT+ENTER to open the menu (new window).
5/10/2013299 KB
Receiver's March 2012 Report.pdf
Receiver's March 2012 ReportUse SHIFT+ENTER to open the menu (new window).
3/21/2012314 KB
Receiver's December 2011 Report.pdf
Receiver's December 2011 ReportUse SHIFT+ENTER to open the menu (new window).
12/9/2011260 KB
Receiver's Report 051211.pdf
Receiver's Report 051211Use SHIFT+ENTER to open the menu (new window).
5/12/2011425 KB
Ninety Day Report.pdf
Ninety Day ReportUse SHIFT+ENTER to open the menu (new window).
7/29/2010253 KB
Receiver's August 2015 Report.pdf
Receiver's August 2015 ReportUse SHIFT+ENTER to open the menu (new window).
231 KB
Receivers December 2015 Status Report.pdf
Receivers December 2015 Status ReportUse SHIFT+ENTER to open the menu (new window).
418 KB

 Key Dates

Use SHIFT+ENTER to open the menu (new window).
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 Fee Applications

Tenth Submission of Application for Fees and Expenses.pdf
Tenth Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
7/5/20161328 KB
Ninth Submission of Application for Fees and Expenses.pdf
Ninth Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
6/9/20152532 KB
Eighth Submission of Application for Fees and Expenses.pdf
Eighth Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
8/11/20145463 KB
Seventh Submission of Application for Fees and Expenses.pdf
Seventh Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
11/20/20133866 KB
Sixth Submission of Application for Fees and Expenses.pdf
Sixth Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
5/10/20137120 KB
Fifth Submission of Applicaiton for Fees and Expenses.pdf
Fifth Submission of Applicaiton for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
11/21/20124175 KB
Fourth Submission of Application for Fees and Expenses.pdf
Fourth Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
5/23/2012217 KB
Third Submission of Application for Fees and Expenses.pdf
Third Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
12/9/201179 KB
Second Submission of Application for Fees and Expenses.pdf
Second Submission of Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
6/8/2011303 KB
Application for Fees and Expenses.pdf
Application for Fees and ExpensesUse SHIFT+ENTER to open the menu (new window).
10/19/2010128 KB

 Selected Pleadings and Other Documents

Amendment to Receiver's Proposed Plan of Distribution.pdf
Amendment to Receiver's Proposed Plan of DistributionUse SHIFT+ENTER to open the menu (new window).
4/3/2015464 KB
Arrest Warrant with Affidavit and Charges 101210.pdf
Arrest Warrant with Affidavit and Charges 101210Use SHIFT+ENTER to open the menu (new window).
10/12/2010638 KB
Mueller Order Establishing Claims Administration Procedure.pdf
Mueller Order Establishing Claims Administration ProcedureUse SHIFT+ENTER to open the menu (new window).
9/30/201068 KB
Order Appointing Receiver.pdf
Order Appointing ReceiverUse SHIFT+ENTER to open the menu (new window).
4/27/2010696 KB
Mueller Complaint 042310.pdf
Mueller Complaint 042310Use SHIFT+ENTER to open the menu (new window).
4/23/2010212 KB
Mueller Ex Parte Verified Combined Motion for TRO.pdf
Mueller Ex Parte Verified Combined Motion for TROUse SHIFT+ENTER to open the menu (new window).
4/23/2010672 KB
Motion of Spencer Brod for Allowance of Late Filed Claim.pdf
Motion of Spencer Brod for Allowance of Late Filed ClaimUse SHIFT+ENTER to open the menu (new window).
131 KB
 
 

 Interim Distributions

On July 28, 2014, the Receiver filed his Proposed Plan of Distribution (“Proposed Plan”) and a motion seeking Court approval of the Plan. The Proposed Plan summarizes the Receiver’s recovery efforts and the liabilities and assets of the Estate. After several hearings, the Receivership Court ordered the Receiver to amend the Proposed Plan, which he did on April 3, 2015. On April 17, 2015, the Receiver’s Amended Plan of Distribution became effective and in early May 2015, interim distributions of $10 million were made as ordered by the Court. Copies of the Proposed and Amended Plans (and other relevant materials) are located under the “Plan of Distribution” tab to the left. In August 2016, a second Interim Distribution of $1 million was made by Certified Mail, return receipt requested.

 Payments Received by Investors from Mueller

Some investors have received small payments relating to the Mueller Ponzi scheme. The Receiver is unaware of the amount or date of these payments, and whether or not future payments will be made.  These are not, however, payments from the receivership estate; these are payments Sean Mueller is making personally through the Department of Corrections pursuant to a Court order that obligates him to make restitution payments to investors.

 Pending Matters

The only remaining Receivership Estate matter is a case pending against Steve Taylor. Mr. Taylor received $487,305.29 in net profits from Mueller before the Receiver was appointed. The Receiver sued to recover those profits under Colorado’s Uniform Fraudulent Transfer Act (“CUFTA”). On January 4, 2013, the Receivership Court entered summary judgment for the Receiver and against Mr. Taylor for the entire $487,305.29. Mr. Taylor appealed but deposited $500,000 with the Receiver to secure the judgment. That $500,000 is being held in a segregated account pending the final outcome of the Taylor case.

On March 13, 2014, the Colorado Court of Appeals reversed the Receivership Court’s summary judgment order on the ground that the time-period for bringing CUFTA claims had expired before the Receiver sued Taylor and that the express tolling agreement between Mr. Taylor and the Receiver was not enforceable.

On June 19, 2014, the Receiver filed a petition for certiorari with the Colorado Supreme Court asking it to review the Court of Appeals’ decision. On August 3, 2015, the Colorado Supreme Court granted the Receiver’s petition and agreed to review the Taylor case. Briefing before the Colorado Supreme Court will end on November 9, 2015. The Receiver cannot say when the Colorado Supreme Court will decide the appeal, or predict the outcome of its decision. It is very likely that the Colorado Supreme Court will order further proceedings in the Taylor case.

 Final Distributions

There is currently approximately $900,000 in the Estate’s accounts, including the $500,000 deposited by Mr. Taylor (which cannot be distributed without further orders of the Receivership Court). At this time, the Receiver does not anticipate making additional interim distributions, and cannot make a final distribution until a final non-appealable judgment is entered in the Taylor case.

 Tax Information

On April, 27, 2010, C. Randel Lewis was appointed Receiver for Mueller Capital Management, LLC, Mueller Over Under Fund, LP, as well as any related businesses, including Mueller Partners, LP, MCM, LLC and Mueller Fund, LP, (collectively, "the Estate").  On November 1, 2010, Sean Michael Mueller, who managed the Estate prior to the appointment of the Receiver, pled guilty in Denver District Court to violating the Colorado Organized Crime Control Act, C.R.S. § 18-17-104(3), a class two felony, and Securities Fraud and Theft, both class three felonies.  As part of the Arrest Warrant issued for Sean Michael Mueller, the Colorado Division of Securities stated “Mueller engaged in a classic ‘Ponzi’ strategy of using new investments by new investors to pay off old investors.”

 

The Receiver’s tax accountants have filed final tax returns for Mueller Partners, LP and Mueller Over Under Fund, LP, and have issued final (2010) K-1s to investors.  At this time, no reasonable estimate can be made as to future recoveries; however, future recoveries, if any, will be made through Mueller Capital Management, LLC.

 

IRS Revenue Ruling 2009-9 and IRS Revenue Procedure 2009-20 may provide guidance as to the treatment of the amount reported on Line 11 of the 2010 K-1 as well as any future recoveries.  However, you should consult your tax advisor as to the proper tax treatment of both prior K-1s you received and any future distributions based on your individual tax situation.