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| Forms and Instructions - Recent Status - Chapter 11 Trustee Reports - Creditor's Comm. Updates - Contact Information |
Evergreen Security, Ltd. R.W. (Bill) Cuthill, Jr. President 341 N. Maitland Ave., Ste. 210 Maitland, FL 32751 Telephone: 407-644-3781 Ext. 235 Facsimile: 407-644-3943 RCuthill@msn.com www.trusteeandexaminercuthill.com PRESS RELEASE June 15, 2009 — For additional information contact R. W. (Bill) Cuthill, Jr. R. W. (Bill) Cuthill, Jr. (Cuthill), President of Evergreen Security, Ltd. (Evergreen) announces The United States Court of Appeals for the Eleventh Circuit affirmed the District Court decision to affirm the US Bankruptcy Court’s order of sanctions against Peter R. Ginsberg and Peter R. Ginsberg, P.C. Sanction Order And Appeals Evergreen filed a motion for sanctions against Gray Robinson and two of its attorneys, Huggins’ counsel; and Peter R. Ginsberg PC and Peter R. Ginsberg, Knight’s counsel, for over $671,000. Huggins and Knight were investment advisors for Evergreen Trust and were defendants in fraudulent transfer actions brought by Cuthill and previously settled. The sanction motion was tried in August 2007 and the Bankruptcy Court ordered sanctions of $371,000 against Peter R. Ginsberg and Peter R. Ginsberg PA. Prior to this Gray Robinson and its attorneys settled with Evergreen, which the Bankruptcy Court approved, and paid $300,000 to Evergreen. Peter R. Ginsberg and his firm appealed the order for sanctions, but it was upheld by the District Court in May 2008. Ginsberg further appealed to the Eleventh Circuit Court, which affirmed the District Court’s decision to affirm the US Bankruptcy Court’s order of sanctions against Peter R. Ginsberg and Peter R. Ginsberg, P.C. General Background Evergreen was formed primarily to operate as an offshore mutual fund. Like a mutual fund, investor dollars were pooled to purchase various investment vehicles denominated as certificates. Evergreen began selling certificates sometime in the early 1990's. Evergreen sold certificates through a variety of lawyers, brokers, and financial advisors. Although most of the marketing material indicated that the investments were in U.S. mortgage-backed securities, in fact, almost all funds were placed in mortgage-backed securities derivatives (“MBS Derivatives”). MBS Derivatives are highly risky, and, over time, Evergreen did not make enough profit on its investments to pay the interest on the certificates, much less other operating expenses. In addition to the financial problems of Evergreen caused by the poor return from the MBS Derivatives, additional serious problems were created by the direct withdrawal of investors’ money by or for the benefit of the various managers and owners. By the end of 1995, the liability for investments within Evergreen totaled approximately $45,000,000. As of December 30, 2000, the liability for investments within Evergreen totaled approximately $214,000,000. By the end of 1995, the cash and investment assets in the Evergreen Trust totaled approximately $26,000,000. As of December 30, 2000, the cash and investment assets in the Evergreen Trust totaled less than $3,000,000. Evergreen filed bankruptcy in Orlando, Florida on January 23, 2001 and Mr. Cuthill was appointed trustee in March 2001 to recover and distribute funds to Evergreen’s creditors. Evergreen emerged from bankruptcy on June 18, 2004. Mr. Cuthill became the president and sole director of Evergreen and has continued to recover funds. Cuthill has reported he has recovered over $31 million to date for the over 2,000 investors in twenty-three countries, who invested in Evergreen. Nine of the individuals who founded, sold or worked with Evergreen have pled guilty or been convicted of crimes related to their involvement. Additional background information on Evergreen can be found at www.evergreencreditorscommittee.com. |
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| Official Committee of Unsecured Creditors for Evergreen Security, Ltd. |