Securities & Exchange Commission v. Platinum Management (NY) LLC, et al.

There has thus far been no impact. No Receivership funds are held at Silicon Valley Bank or Signature Bank. As of March 14, 2023, the Receivership held funds at 4 different banks, one of which is considered a “systemically important bank.” In view of the current events facing the banking industry, the Receiver believes that it is prudent to consolidate the Receivership accounts into the accounts at the systemically important bank that is already holding a significant portion of the Receivership funds. Accordingly, the Receiver is in the process of transferring funds out of the other banks which, although the Receiver has no reason to believe are facing liquidity or other challenges, are not similarly designated as systemically important. The Receiver will continue to monitor her banking relationships.

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The Court appointed Melanie L. Cyganowski, Esq., as Receiver to marshal the assets of the entities in Receivership and, ultimately, develop a plan for the disposition of these assets. In addition, the Receiver will file periodic reports with the Court regarding her activities. These reports will be posted to this website after they are filed with the Court.

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The Receiver is not your lawyer, and she cannot provide you with legal advice. She is the Court’s agent, and she is charged with effectuating the provisions of the Court’s Orders.

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Pursuant to the previously-approved bar date procedures motion [Dkt. No. 453], the bar date to file a proof of claim asserting a claim arising before the Receivership was March 29, 2019 and the bar date for governmental units to file a proof of claim was April 12, 2019. Parties holding investor claims, claims for unpaid redemptions and unpaid administrative claims were not required to file proofs of claim. In accordance with the Order approving the procedures to reconcile claims and verify interests, entered on December 1, 2020 (the “Claims Procedures and Verification Order”) [Dkt. No. 554], Platinum’s CFO and the Receivership Team engaged in an extensive review of each of the filed claims. The Receiver completed her review and filed a Notice of Receiver’s Claims Analysis Report (the “Claims Report”), which sets forth her determinations with respect to each of the claims. [Dkt. No. 564] The Claims Report provides the basis for the disallowance or partial disallowance for each of the claims, as applicable.

Claimants had until April 23, 2021 (unless an extension was mutually agreed upon in writing) to object to the Receiver’s determinations in the Claims Report. Thirteen claimants, asserting multiple claims, objected to the Receiver’s determinations in the Claims Report. Many of the objections were resolved consensually. With respect to certain claim objections for which no resolution was reached, in accordance with the procedures set forth in the Claims Procedures and Verification Order, on November 12, 2021, the Receiver filed an Omnibus Motion to Confirm Receiver’s Determinations [Dkt. Nos. 597] (the “Claims Motion”) and opposition and reply briefs were filed thereafter. The Claims Motion is currently under consideration by the Court.

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The Claims Report described in question 3 above solely relates to general unsecured claims and secured claims. In accordance with the Claims Procedures and Verification Order, investors in PPCO, including unpaid redeemers, received a letter that contains information regarding that investor’s equity interest in one or more Receivership Entities (the “PPCO Investor Statement”). The PPCO Investor Statement sets forth the amounts invested in one or more Receivership Entities and the amounts previously received as distributions on account of the investor’s equity interest, all as reflected in the books and records of the Receivership Entities. Investors had an opportunity to review the information provided and to refute the information, but solely on the basis that the books and records of the Receivership Entities are inaccurate, which was required to be supported by documentation from the investor. Investors in the PPLO funds will be receiving similar letters.

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The Receiver cannot at this time state what recoveries may be for investors. The Receiver, however, does not expect that investors will recover 100% of their invested funds. Indeed, they will recover significantly less. There are certain claims issues, such as the assertion of priority, which could significantly impact the distribution, if any, to be made to creditors and investors.

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The timing of any distributions is unknown at this time. The amounts reflected in the Claims Report and the PPCO Investor Statement (described above) are not necessarily equal to or indicative of any recoveries a creditor or investor may receive from one or more Receivership Entities. The timing of distributions may be impacted by, among other things, the resolution of certain of the larger disputed claims (for which the establishment of reserves may be required if not resolved prior to the approval of a plan of distribution) and the assets available for distribution. The filing of the plan of distribution was put on hold as the Receiver sought to finalize the claims reconciliation process and priority of distribution asserted by certain creditors.

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The Receiver has not yet proposed a plan by which funds will be distributed to investors and creditors. The Receiver, however, is mindful that any such plan must be fair and equitable. That plan will ultimately be subject to review and approval by the Court upon proper adequate notice to all investors.

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The Receiver cannot provide investors with tax advice; thus, everyone should consult their own tax advisor on this issue.

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K-1 statements have been completed and were mailed to investors on July 17, 2023. Pursuant to IRS instructions, the partners’ capital account disclosed in section L of the schedule K-1 is prepared on the tax basis method (not GAAP). The partner tax basis capital amounts do not represent an investor’s adjusted tax basis in the partnership and should be determined in accordance with applicable federal and state provisions. In addition, the amounts listed on the K-1s are not necessarily reflective of what distributions investors may ultimately receive in this case. The Receiver cannot provide any tax advice. Investors are encouraged to consult their own tax advisor on the impact of the K-1 statements on individual tax returns.

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Periodic review of this website is the best way to stay abreast of developments in this Receivership. The website will be updated on a regular basis.

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You can contact the Receiver by emailing platinumreceiver@otterbourg.com or calling Marc Kirschner at Teneo Capital, LLC, tel. no. (212) 886 1600.

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Borrelli Walsh has been appointed in the Cayman Islands to serve as liquidator of PPVA (USA). If you are a PPVA investor, please email your questions to ppvaonshore@borelliwalsh.com or call Robert Shifman at (345) 743-8800.

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The Receivership was established with Mark Nordlicht’s consent in the civil enforcement case brought by the Securities and Exchange Commission titled SEC v. Platinum Management (NY) LLC, et al., case No. 16-cv-06848 (E.D.N.Y.) (BMC). Unlike the criminal trial, it is a civil action which will, at a certain point, be resolved before Judge Cogan. Our role is to administer the Receivership. We are not involved in either the prosecution of the criminal case by the Department of Justice or the advancement of the civil litigation by the SEC. The Receiver will continue her work as governed by the Court Orders, and will continue to provide updates on her progress.

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