1. What is the background for this matter?
On March 1, 2006, the Securities & Exchange Commission ("SEC") obtained permanent injunctions and other relief against Charis Johnson, and her companies, 12dailyPro ("12DP") and LifeClicks, LLC, in connection with an alleged internet-based offering fraud and Ponzi scheme. As part of the SEC's action pending in the United States District Court for the Central District of California ("Court"), the SEC imposed a freeze on, and appointed Thomas Lennon ("Receiver") as receiver, over the defendants' assets. Since March 2006, the Receiver has successfully recovered additional assets for those injured by the scheme. Pursuant to the Plan of Distribution ("Plan") established by the Receiver and approved by the Court in August 2009, the assets recovered by the Receiver ("Investor's Cash Fund") will now be distributed to 12DP Investors with Allowed Investor Claims. Distributions under the Plan are being made by Gilardi & Co, the Distribution Agent. This site is dedicated to questions regarding the distribution of the Investor's Cash Fund to verified and eligible claimants. Capitalized terms not defined herein, have the meanings ascribed to them in the Plan. To obtain a copy of the Plan or for general questions regarding the receivership case and the claims filing process, please see the Distribution Agent's website at www.gilardi.com/secv12dp.
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2. Why am I receiving a check?
You have received a check because you were an investor in 12DP and have previously filed a claim in this matter. The check has been sent to the address which you confirmed on the Address Web Portal.
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3. How were claims processed?
Pursuant to the Plan and in accordance with the Claims Procedures Order, allowed claims of 12DP Investors are calculated on a Money in/Money out basis as follows: Actual funds invested by a 12DP Investor in 12DP ("Money in"), less all principal payments, interest payments, and other payments (including chargebacks and electronic fund transfer returns) paid to such 12DP Investor on account of its investment in 12DP ("Money out"). Holders of Allowed Investor Claims in excess of the de minimis threshold amount of $45.00, in full and complete satisfaction of their respective Allowed Claim, will receive cash in an amount equal to such holders' Pro Rata Share of total funds to be distributed to all holders of Allowed Investor Claims. Holders of Allowed Investor Claims in amounts less than the de minimis threshold amount of $45.00 will not receive any distribution under the Plan.
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4. Why didn't I get all my money back?
The Investors' Cash Fund is being distributed to all eligible and verified investors who submitted a claim and whose claim was not objected to by the Receiver and sustained by the Court. Because the losses of all claimants exceed the amount of the Investors' Cash Fund, the Investors' Cash Fund is being distributed on a pro-rata basis, which means that each claimant receives a distribution with an identical percentage of their allowed claim amount. The percentage is determined by the amount of the net Investors' Cash Fund available for distribution (after costs of the administration) divided by the total dollar amount of all allowed claims. In this case, Holders of Allowed Investor Claims will be receiving thirty percent (30%) of their Allowed Claim amount. Please continue to review the FAQs if you have further questions regarding your distribution.
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5. Why didn't I receive a check?
If you confirmed your address before August 3, 2009, checks were mailed on or about September 9, 2009. If you confirmed your address before August 3, 2009 and have not received your check, please contact the Distribution Agent Gilardi & Co, by email at secv12dailypro@classactmail.com. Please Note that if you confirmed your address via the Address Web Portal after August 3, 2009 and before October 1, 2009, your distribution check will be issued in early November 2009. If you haven't received your check by November 30, 2009, please contact the Distribution Agent, Gilardi & Co, by email at secv12dailypro@classactmail.com. AS PROVIDED BY THE PLAN AND ORDERED BY THE COURT, IF YOU FAILED TO CONFIRM YOUR ADDRESS ON OR BEFORE OCTOBER 1, 2009, YOU WILL NOT RECEIVE ANY DISTRIBUTION UNDER THE PLAN OR OUT OF THE INVESTORS CASH FUND. YOUR CLAIM AGAINST 12DP WAS EXTINGUISHED.
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6. When does my check expire?
Pursuant to the Plan, all checks issued have a stale date of 90 days from the date of the check. Checks that are not negotiated within the stale date will be voided and a stop payment placed on those checks. Where a check has not been negotiated within 90 days from the date of issue and has been voided pursuant to the Plan, the associated 12DP Investor's Allowed Claim will be extinguished and such holder will not receive any distribution from 12DP or under the Plan. You must negotiate your check within 90 days. Funds from non-negotiated checks will be returned to the Investors' Cash Fund.
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7. What do I do if I moved after confirming my address on the Address Web Portal and did not notify
the Receiver of my new address?
Distribution checks were mailed to the address you provided and confirmed via the Address Web Portal. Checks returned as undeliverable by the postal service, and for which a new address has been provided by the domestic postal service or the postal service of another nation, will be repackaged and sent to the new address. For checks returned as undeliverable and for which no new address is provided, the Distribution Agent may direct an address update search be undertaken by a firm that specializes in such service. Additional efforts to identify new addresses for returned checks will be conducted as necessary and economically reasonable. Where new address information becomes available, the Distribution Agent will repackage the distribution check and send it to the new address. Where new address information is not available after a diligent search (and in no event later than 90 days after the initial mailing of the original check), the check will be voided and the Distribution Agent will instruct the Issuing Bank to stop payment on such check. Where a check has been voided, that corresponding allowed claim of the 12DP Investor will be extinguished and such holder will not receive any distribution from 12DP or under the Plan. All such funds will be returned to the Investors' Cash Fund. In the event you received and negotiated a check, you should continue to provide changes to your address to the Distribution Agent, Gilardi & Co, by email at secv12dailypro@classactmail.com.
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8. I Can't Cash This Check - What Do I Do?
In the event that a 12DP Investor is unable to negotiate a check, the Distribution Agent can take such actions as may be necessary and appropriate to deliver the 12DP Investor's Distribution under the Plan by an alternative method. Therefore, if you can't cash your check, you must notify the Distribution Agent, Gilardi & Co, by email at secv12dailypro@classactmail.com that you can not cash your check and make arrangements to have your distribution delivered by an alternative delivery method (i.e. wire transfer). The Distribution Agent must receive the check that was mailed to you before the new distribution will be delivered to you. Also, you must return the physical check to the Distribution Agent within 90 days from the date of the check. If the check is received after the 90 days, the Distribution Agent does not have to effectuate the alternative delivery of your distribution. PLEASE NOTE: If an alternative delivery is used, i.e. wire transfer, you will be solely responsible for any fees and costs associated with such alternative delivery. The cost for such alternative delivery will be deducted from your proposed distribution before it is resent to you.
If you, as a 12DP Investor, have completed the above requirements for an alternative method of delivery, including the return of the check you received in the mail to the Distribution Agent, and would like to request a wire transfer, you must provide the following wiring information by email to the Distribution Agent, Gilardi & Co, at secv12dailypro@classactmail.com to effectuate the wire transfer:
Beneficiary (Your) Name:
Beneficiary (Your) Bank Account Number:
Your Bank Name:
Your Bank Address:
Your Bank's ABA and/or SWIFT Routing Number
The 12DP Investor must return the check to the Distribution Agent, Gilardi & Co at the address listed below:
SEC v. 12dailyPro, et al.
c/o Distribution Agent
P.O. Box 808020
Petaluma, CA 94975-8020
NOTE THAT THE COST TO SEND THE DISTRIBUTION BY WIRE TRANSFER WILL BE DEDUCTED FROM FUNDS THAT WILL BE WIRED. THE FEE WILL BE $25.00. U.S. DOLLARS; THERE MAY BE ADDITIONAL FEES CHARGED BY THE RECEIVING BANK FOR CONVERTING THE FUNDS TO ANOTHER CURRENCY.
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9. Will I incur any fees in this matter??
Generally no, as the Receivership Estate is paying for the initial distribution, though there are limited exceptions to this. Pursuant to the Plan, 12DP Investors will be solely responsible for paying any transaction fees associated with the negotiation of checks. Additionally, in the event that an alternative method of delivery of the Distribution (other than a check sent by US Mail) is used, the 12DP Investor will also be solely responsible for paying any fees and costs associated with such alternative delivery, including the costs borne by the Distribution Agent in distributing the monies. The Distribution Agent is authorized to setoff the costs of such alternative delivery from the Distribution before redelivering the net distribution to the 12DP Investor.
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10. Will there only be one distribution in this matter?
If funds remain in the Investors' Cash Fund on or about February 1, 2010, the Distribution Agent, without further approval of this Court, has the authority to cause a second distribution to 12DP Investors with Allowed Investor Claims. The second distribution, however, will only be made to those 12DP Investors who have negotiated the first checks they received. 12DP Investors that failed to negotiate their first checks will not be entitled to any further distributions. Second distribution checks will have a stale date of 60 days from date of the check. Where a second distribution check has not been negotiated within 60 days from the date of issue, the check will be voided pursuant to the Plan.
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11. The person to whom the check is made out is deceased. What should I do??
If the check payee is deceased and you cannot cash the check, you will need to provide verification of the death. Please mail the original check to the Distribution Agent, Gilardi & Co. LLC, along with a copy of the death certificate and documentation showing that you represent the estate. Please also include a letter requesting that the check be mailed in the beneficiary's name. In all cases, please note as discussed above, the 90-day and 60-day time limitations for negotiating checks.
Please mail your request to:
SEC v. 12daily Pro, et al.
c/o Distribution Agent
P.O. Box 808020
Petaluma, CA 94975-8020
Or you may email your request to: secv12dailypro@classactmail.com.
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12. I lost and/or accidentally destroyed my check. What should I do?.
If you lost or destroyed your check and would like a new check to be reissued to you, please contact the Receiver's Distribution Agent, Gilardi & Co. LLC. Please send an email requesting a stop-payment be placed on your check and request for a new check to be re-issued to you. Please include the case name, your full name and address.
The name of this case is "SEC v.12daily Pro, et al." In all cases, please note the time limitations above.
You may email your request to: secv12dailypro@classactmail.com.
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