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Welcome to the Information Website of the USA Capital Diversified Trust Deed Fund, LLC.  At this site you can: View general information, view and download relevant documents, submit questions and more.
 

(3/22/2010) The SEC has prevailed with their case against Joe Milanowski. In summary, the Court granted the following:

1. A declaratory judgment that Milanowski violated securities laws (unregistered offer and sale, fraud in the offer or sale under section 17(a), fraud in the offer or sale under section 10(b)) and an injunction preventing him from committing further violations;

2. Disgorgement of $80.9 million (this figure is based upon non-performing loans) with credits being given for: (a) all monies collected in connection with the bankruptcy cases, less the costs associated with that work; and (b) any monies paid by Milanowski in connection with a criminal restitution order;

3. A civil monetary penalty of $100,000; and

4. A bar against Milanowski serving as an officer or director for a public company.

Please see the attached order and judgment for more information. (Order, Judgement)

 

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Letter to Investors mailed March 3, 2010 RE Filing of Protective Claim (click here to view) (1040X Form)

UPDATE REGARDING JOSEPH MILANOWSKI PLEA HEARING

On January 15, 2010, United States District Judge Roger L. Hunt presided over the plea hearing in the federal criminal case against Joseph Milanowski. The United States Attorney's Office (the prosecuting branch of the federal government) and Milanowski have reached a plea agreement pursuant to which the defendant will plea guilty to one count of wire fraud, and face between 8 to 12 years in prison. The purpose of the hearing was to allow Judge Hunt to learn more about the plea agreement, and to determine whether or not to approve it. Numerous investors appeared, and several testified about how Milanowski's actions have harmed them. The United States Attorney's Office maintained to Judge Hunt that Milanowski's plea agreement was in the best interests of the victims because it provides an incentive for him to continue assisting with recovery and restitution efforts. The Judge took the matter under submission, and tentatively set a sentencing hearing for April 9, 2010, at 9:00 a.m. If Judge Hunt decides to reject the plea agreement, he will cancel the sentencing hearing, and set the case for trial. Trial would likely last several weeks, although it is unclear when it would start. If Judge Hunt accepts the plea agreement, he will address the issue of sentencing at the April 9th hearing. His primary concern is whether Milanowski's cooperation with recovery efforts will produce meaningful results for victims. If he concludes that such effort likely will not benefit investors, then he probably will reject the plea agreement. We will attend the hearing and post a report on the website thereafter.

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The Diversified Board of Directors understands how frustrating Diversified’s chapter 11 was and further understands that the Diversified investors are eager for both information and payments.  We ask for your patience and want you to know that we and the Diversified professionals are working our hardest to obtain the best and the swiftest recovery for you.  But we want you to continue to remember the uphill battle that we face, and for you to understand that the struggle will not be over soon.

 

 
collapse 1. Updates/Questions
Complaint filed by Securities Exchange Commission against Joseph Milanowski
Third Distribution
Article: Joe Milanowski pleads guilty
Update dated 10/14/09 Regarding Efforts to Obtain Pre-filing Agreement as to Tax Losses from Theft
Tree Moss Sale Update
February 2008 letter to Diversified investors
Settlement Agreement entered into between USACM Liquidating Trust and DTDF
Do Diversified investors need to file proofs of claim in the Milanowski and Hantges bankruptcy cases?
Initial Distribution Forthcoming
Deadline Extended for DTDF to File Proofs of Claim in the Milanowski and Hantges Cases
Involuntary petition filed against TREE MOSS PARTNERS and USA INVESTMENT PARTNERS, LLC, and USA INVESTORS VI
Involuntary petitions filed against Thomas Hantges and Joseph Milanowski
Responses to Frequently Asked Questions
Letters to Diversified Fund Investors
Request automatic notification of updates
Diversified Settles HMA Constructive Trust Claim
Submit a question/comment
Address change form and instructions
Deloitte Claims Stand In Fraud Scheme Suit
 
collapse 2. General Case Information
Court Hearings-Dial In Information
Contact Information
 
collapse 3. Documents
USACM Docket
Bankruptcy Petitions
Schedules of Assets & Liabilities
Plan & Disclosure Statement
Past Loan Summary Reports
 
 
 
  USA Capital
  United States Bankruptcy Court, District of Nevada
  Office of the United States Trustee
  BMC Group