A jury trial for Canadian net-winners in the Zeek Rewards Ponzi scheme clawback case has been set for October 17, 2017, following multiple reschedulings. This date, established by a May 2nd court order, marks the latest development in the Receiver's efforts to recover funds from individuals who profited from the $600 million fraud.
The Zeek Rewards scheme, which collapsed in August 2012, was later certified as a Ponzi scheme in both civil and criminal courts. Founder Paul Burks received a sentence of fourteen years and eight months in prison for wire fraud. The court-appointed Receiver has been systematically pursuing net-winners, those who withdrew more money than they invested, across various jurisdictions.
Initially, the clawback trial for Canadian defendants was set for February 13th, then postponed to May 15th. No specific reason for these delays appeared on the Canadian net-winner case court docket.
On January 24th, the Zeek Receiver filed a Motion for Summary Judgment against four specific Canadian individuals: Devey Dejong, Ruth Konig, Beverly Dawn Trca-Kitchen, and Sandra Gavel. This legal maneuver aims to secure a judgment without a full trial, asserting that the facts are undisputed and the Receiver is entitled to judgment as a matter of law.
Some individuals named in the summary judgment motion did not appear on the original Canadian net-winner lawsuit. Conversely, some from the initial lawsuit were absent from the summary judgment filing, suggesting potential prior settlements. The Receiver's motion explicitly cited summary judgments granted against US net-winners as precedent.
The Receiver argued that the transfer of funds to these Canadian net-winners constituted fraudulent transfers under North Carolina's Uniform Fraudulent Transfer Act. He requested the court enter summary judgment in his favor, seeking the return of the defendants' net winnings from the ZeekRewards scheme. The specific amounts were detailed in the filing.
The Canadian net-winner defendants were given until February 7th to file a response to the Summary Judgment motion. The court docket showed no filed responses by that date.
A decision on the Receiver's Motion for Summary Judgment was later delayed due to ongoing settlement negotiations. In early March, Ruth Konig and Beverly Dawn Trca-Kitchen entered into discussions with the Receivership. The court granted an extension until March 31st for them to reply to the summary judgment motion, allowing these negotiations to proceed.
Devey Dejong, another defendant named in the summary judgment motion, informed the court on March 7th that she had already reached a settlement with the Receiver. This reduces the number of active defendants facing the summary judgment.
It was anticipated that Konig and Trca-Kitchen would finalize their settlements by March 31st. A decision on summary judgment would then proceed against any remaining defendants who had not settled. This phased approach allows the Receiver to recover funds efficiently from willing parties while pursuing litigation against others.
Ultimately, a jury trial was scheduled for October 17th, 2017, as per a May 2nd court order. This indicates that while some settlements occurred, certain defendants continue to contest the clawback actions, necessitating a trial.
The Zeek Rewards Receivership has recovered hundreds of millions of dollars for victims globally through similar clawback actions.
