Disgruntled EminiFX investors have flooded the CFTC case docket with pro se motions.

The motions demand the Judge reconsider an earlier order approving EminiFX Receivership expenses.

As is standard procedure in MLM Ponzi cases, the appointed EminiFX Receiver filed a motion seeking approval for fees and expenses on August 4th.

The court approved the Receiver’s request for $990,777 in fees and $5,660 in expenses over May and June 2022. The court’s memo endorsement approving the costs was filed on August 5th.

In what appears to be a coordinated effort, EminiFX investors flooded the CFTC case docket with pro se letters across August 9th to 16th.

The letters appear to be based on a template seeking reconsideration of the August 5th decision.

I come before you to request that the Court grant my request to reconsider your approval of the foregoing expense request submitted by the receiver and to grant me fourteen days to allow me sufficient time to review the receiver’s request with proper legal assistance and show cause.

In a remarkable show of disrespect towards the court and judicial process,
fifty-two
docketed letters were received from the following investors;

Chantale Poulard

Anne Augustin

A. Augustin (duplicate)

Reverend Dr. F. Augustin

Reverend N. Augustin

Sannecie Pongnon

Eddy Alexandre 
(???)

Expresse Noel

Cheranne Williams

Yves Rose

Moise Remulus

M. Remulus (duplicate)

H. Louis-Pierre

Jean Richard Anthenor

Lola Cetoute

Jean A. Parent

Edwine Sointelny

J. Toussaint

Joseph Victorin

Ipolia Mareus

F. Jean-Baptiste

Marie Paul Delva

Manpaline Townsand

Sharon Dubrezil

Petithor Anthonius

Annette Dubrezil

Hermana Pascal

Rodna Milor

Mirtha Benjamin

Schneidal Pierre

Augusma Vixsama

Carine Jean Baptiste

Sebastian Parent

Jean Paul

Derrick Coppin

Yvette Cetoute

Eveline Saintel-Marius

Wervel Mareus

Valerie Pascal

Birlie Celestie S B

Kettly Jean Baptiste

M. Clotilde Nazaire

Lesly Paul

Annerithe Jean Pierre

Shardly Obas

Lulianne Casimir

Monique Belizaire

K. Honare

Serge Jean Louis

Joseph Cadet

Luce Castor and

Gervedy Boyer

The court first attempted to address the letter spam on August 12th;

If the investors wish to intervene in this matter, they must refile their letters with a Motion to Intervene stating the grounds on which they wish to intervene.

The Court notes, however, that the proper method for the investors to air their grievances with the Receiver’s actions is through the direct methods of communication that were specifically created for EminiFX investors to communicate with the Receiver.

Although the Receiver’s request for $990,777.86 in fees and $5,660.42 in expenses may appear high, the Court granted the Receiver’s motion because the Court found that the fee request was reasonable in light of the Court’s experience with the work that was done during the period covered by the fee application.

This didn’t stop the spam though, prompting a second order on August 17th.

The Pro Se Depart

🤖 Quick Answer

What prompted EminiFX investors to file motions with the CFTC?
EminiFX investors submitted pro se motions to challenge the court's approval of receivership expenses totaling $990,777 in fees and $5,660 in costs for May-June 2022. The coordinated filings between August 9-16 sought reconsideration of the August 5th court decision authorizing these expenditures.

What is the standard procedure followed in MLM Ponzi cases regarding receiver expenses?
In MLM Ponzi cases, appointed receivers file motions requesting court approval for fees and expenses incurred during case management. Courts review these requests and issue decisions approving or modifying the proposed expenditures through formal orders and memoranda endorsements.

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