The victim Petitions have been submitted to the FBI’s Asset Forfeiture Specialist for review. If further victim information is needed, victims will be contacted by the FBI Asset Forfeiture Specialist. It is anticipated that distribution of assets to individual victims will not occur until sometime during 2011.
Update 10/27/11: Our contractor has started to mail the Final Distribution checks by certified mail from San Francisco. If you do not receive a check by November 30, 2011, please contact us by mail at:
Victim Witness Unit - Attn: Best Diamond Funding
United States Attorney’s Office
312 N. Spring Street, 17th Floor
Los Angeles, CA 90012
Best Diamond Final Distribution Details
September 16, 2011: The Court has granted the Order for Final Distribution (see link below). The USAO will direct the USMS to pay the indicated money to the investors ASAP. Although we do not have an exact timeframe, we hope that the final checks will be mailed in October or November 2011. We believe this will be the last distribution of funds from BDF and we anticipate that the money ordered paid by this Order will distribute all or virtually all of the remaining seized funds.
THERE WILL BE NO COURT HEARING ON MONDAY, AUGUST 8, 2011. The Court has informed us that it has taken the government’s motions for final distribution and the Special Master’s Motion for payment of costs and expenses off calendar, and the Court will not be holding a hearing. We will notify the investors by mail soon after the Court makes a decision on the government’s motions
UPDATE July 8, 2011: Today, the government filed motions asking the Court for permission to release the rest of the liquid assets in the Best Diamond Funding cases. The remaining assets total $2,697,111.41. After anticipated expenses, the amount we’re asking to distribute is $2,568,846.6, and if the Court approves, we’ll be able to return 36.93% of finalized losses to the investors. (For those who have already been sent a check for 32.65% of loss, if the Court approves, you’ll get a small catch-up check to bring your total reimbursement up to 36.93% of finalized losses.)
If you want to see how much your Final Distribution would be if the Court approves, find your contact number on this list and look under the column in yellow: "Final Distribution Amount"
Here are some of the other documents the government filed on July 8, 2011:
UPDATE: JUNE 13, 2011: Victims of Best Diamond Funding who finalized their loss amounts with the Special Master before January 21, 2011 have been receiving checks from the seized funds, as ordered by the court. If you have a question about the amount of the check you received, please take note: The check amount is 32.65% of your approved, finalized loss amount. The reason it is 32.65% of your loss amount, and not 100% of your loss amount, is because the government only seized about 33% of the money investors lost. Because the total loss by all the investors is much greater than the funds recovered by the government, it is impossible for any investor to receive 100% of their loss amounts because we did not seize enough money from the company to do that. To repeat: NO ONE has received 100% of loss, everyone who got a check has received 32.65% of loss. If you still have questions after reading this, please call the U.S. Attorney’s Office Best Diamond Funding voicemail telephone number at 1-888-228-0315 (then press 9) to leave your name, contract number, and telephone number. We suggest that you do not call the Special Master with questions about the amount of your check. They charge for their time and the charges will taken out of the remaining seized funds. If you are a Victim who received a letter notifying you that you would receive an interim distribution and you do not receive your check by the end of the day on June 10, please leave a message at the telephone number listed above and explain that you have not received your check.
UPDATE: MAY 19, 2011: This week, the $9.2 million Interim Distribution amount is scheduled to transfer to a contractor for printing and mailing checks to the investors to whom the Court has ordered a distribution. We currently estimate that all Interim Distribution checks will be mailed out by the week of June 6, 2011. If you do not receive a check by June 10, 2011, please advise the Special Master at (818) 683-1067.
The court has approved the Interim Distribution Plan, and the US Marshals have selected a contractor to print and mail the checks to the first group of investors. During the week of April 19, 2011, the USAO gave the names, addresses, and amounts to pay as to the investors on the Interim Distribution list, with instructions to pay out the first $9.2 million as ordered by the Court. Once we learn that the contractor is ready to mail checks, we will send another mass mailing out to the investors, and we will update this page and our phone message, so that the investors who will be receiving funds know to expect a check.
UPDATE 3/3/2011: The Judge has cancelled the hearing set for 3/7/2011 at 9:00 am regarding the Government’s Motion for Interim Distribution. The Motion will be decided based on the papers that have already been filed with the Judge.
On February 25, 2011, the government filed a Supplemental Memorandum seeking to revise the PROPOSED INTERIM DISTRIBUTION ORDER, to allow the government to use a contractor to issue and mail the proposed checks to investors and use up to $16,500 of the seized funds for that expense. A copy of the government’s Memorandum in support and the revised proposed Interim Distribution Order is available at these links:
UPDATE 2/10/2011: The Judge has cancelled the hearing set for 2/14/2011 at 9:00 am regarding the Special Master’s Motion for Order Approving and Authorizing Payment of Fees and Expenses. The Motion will be decided based on the papers that have already been filed with the Judge.
Notices to Investors regarding the Special Master’s calculations of their losses were mailed on 9/30/2010. If you have not received a notice, please contact Robb Evans and Associates, (818) 683-1067; BestDiamond@Robbevans.com. You must keep the Special Master informed of any change of address in order to receive notices about the seized assets. (Please also check your profile on the Victim Notification System (“VNS”) to make sure that system has your most recent name and address.)
The government seized approximately $12 million from Best Diamond Funding and Milton Retana. Retana has agreed to give up ownership of the funds. The government has filed a motion asking the Court to appoint a neutral third party (a “Special Master”) to perform loss calculations for victim investors. The items below are copies of the government’s motion and related filings (Click on them to view and print).
The Special Master's Website: www.robbevans.com/html/bdiamond.html
Us v. Eubanks
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