Message to the Three
Hebrew Boys Victims from the Receiver
On
November 24, 2009, the Honorable Margaret B. Seymour, United States District
Court Judge, District of South Carolina entered an Order which unsealed prior
Orders relating to my appointment and work as the Receiver in this case,
commonly referred to as the Three Hebrew Boys matter (Case no.
6:07-mc-135). It is an honor to serve in
this capacity and I want to assure you that my staff and I are committed to
locating and managing assets in order to maximize the return to the victims of
this fraudulent scheme.
After a two week trial in the United
States District Court for the District of South Carolina, Columbia Division, a
jury returned a guilty verdict for all 174 counts against Mr. Tim McQueen, Mr.
Tony Pough, and Mr. Joseph Brunson after less than two hours of
deliberation. There are approximately
7,000 victims in this case and thousands of victims are active-duty military. The self-named Three Hebrew Boys never made
any investments as they promised with your money. Instead they lived lavish lifestyles with the
money they gained from your “investments”.
They purchased more than twenty-two new high end vehicles; a multi-million
dollar Gulfstream Jet; a nine hundred thousand dollar Prevost Motorcoach; three
condominiums in the trendy Buckhead area of Atlanta, Georgia; two six bedroom,
six bathroom vacation homes near Orlando, Florida; two luxury suites for the
Atlanta Falcons and Charlotte Panthers football teams; and many other
extravagant purchases. Furthermore, they
withdrew over three million dollars in cash in increments of less that
$10,000.00 each between the years 2006-2009.
According to one of the jurors, “You don’t use God if you’re going to
defraud people.” (Shain, A., ‘3 Hebrew
Boys guilty of $82 million ponzi scheme’, The
State, November 21, 2009) Each one
of the Three Hebrew Boys was immediately placed in custody after the jury
returned its verdict. The United States
Attorney’s Office prosecuted the entire case and will handle the sentencing and
any appeals that may follow.
Of
course, of most concern to you is the process going forward and the
expectations as to “when” and “how much” money will be disbursed. Please understand that this process is set
forth by Federal statutes. Obviously,
this has already been a lengthy process.
However, at a minimum before any distribution can be made, a Preliminary
Order of Forfeiture must be entered, the Three Hebrew Boys must be sentenced, a
Final Order of Forfeiture must be entered after hearings to determine if any
third parties may make a claim to the assets, and finally Proof of Claim forms
must be filed and approved for payment.
We hope to have Court approval for the Proof of Claim form in the near
future. You MUST submit a Proof of Claim
form in order to take part in any distribution.
Each Proof of Claim form must be analyzed for accuracy and
authenticity. The Three Hebrew Boys and
their refusal to cooperate with the Receiver’s efforts have caused a tremendous
delay. Had they pled guilty at the
outset and identified and turned over all of the hidden assets, a distribution
would likely have already been made.
Everything that my staff and I have
done to date is pursuant to Court Order.
In spite of the obstructive and contemptuous efforts of the Three Hebrew
Boys, my staff and I have diligently searched for their assets. We have analyzed over 17,000 financial
transactions, reviewed dozens of bank accounts, and interviewed many witnesses. If you have any information concerning the
location of possible assets of the Three Hebrew Boys, please contact my office
immediately. We will continue to search
for additional assets throughout the life of this case.
In spite of the overwhelming
evidence produced by the Government in this case and the 174 convictions, there
still appears to be a small but vocal group of supporters for the Three Hebrew
Boys. To them I would say that the same
laws that the Three Hebrew Boys continue to disavow are the laws that will be
used to make a distribution to their victims.
Feel free to write to me and indicate that due to your beliefs you will
not file a Proof of Claim form and that you do not wish to take part in any
distribution. I will honor such a
directive.
To those of you that have assisted
us in our efforts and sent kind words of appreciation, I thank you for your
support. My staff and I are painfully
aware of the financial hardship that the Three Hebrew Boys have caused for each
one of you. We have worked very hard to
trace assets while controlling costs in an effort to maximize the ultimate
distribution to you. Unfortunately,
since the inception of this case, it has been necessary to spend over one
million dollars just to maintain the assets purchased by the Three Hebrew Boys
with your money. As an example, we have
paid over $163,000.00 in insurance and over $183,000.00 in property taxes
alone. Repairs, routine asset
maintenance, and homeowner’s association dues paid to date total over
$500,000.00. We have had to initiate
legal action to recover a number of assets hidden by the Three Hebrew
Boys. Wherever possible, we have leased
certain assets in order to generate income from them. In a few cases, we have sold assets through
Court Orders that were too costly or problematic to maintain. Eventually, all assets will be sold and
converted to cash for distribution.
In spite of these tremendous
necessary expenses, we currently have over eighteen (18) million dollars which
is being conservatively managed in conjunction with a highly reputable trust
department. The total liquidation of
real property will generate additional funds, but keep in mind the current
economy makes it extremely difficult to sell these types of assets for a
premium.
We have provided a written
accounting and report to the Court at least every 90 days over the course of
the past two years. An independent
auditor has been hired to review all of the books and records and the
accounting firm’s findings will be posted on our website when they are made
available to us.
Please be advised that we cannot
give legal advice or accounting advice to include tax issues. Please consult your own attorney or
accountant for advice in regards to this case and the submission of your Proof
of Claim form.
In
closing, let me again tell you that I am sorry that you find yourself as a
victim of the Three Hebrew Boys. My
staff and I are doing the best that we can for you, the 7,000 victims. We know the vast majority of you are honest
and hard working every day people and we want to see as much money as possible
returned to you as quickly as possible.
Unfortunately, the Three Hebrew Boys and those working in concert with
them have delayed this process and continue to frustrate our efforts. They continue to hide assets and refuse to
cooperate.
Sincerely,
Beattie
B. Ashmore, Receiver 3HB
December 2009