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On June 2, 2016, the Securities and Exchange Commission (the “SEC”) filed a complaint against Richard W. Davis, Jr. (“Davis”) and the entities named below (the “Receivership Defendants”), alleging that Davis, through the Receivership Defendants, raised at least $11.5 million through the unregistered sale of securities and failed to disclose to investors that the majority of the funds raised were either transferred to entities owned or controlled by Davis or transferred Davis in amounts in excess of the management fees that he had represented to investors he would be entitled to.  The SEC alleged various violations of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and certain rules established under those statutes.  In the complaint and a subsequent motion, the SEC requested that the Court appoint a receiver for the entities listed below to marshal the assets of the Receivership Defendants in an orderly fashion and determine whether and to what extent the funds may be repaid to investors.

Without admitting or denying any of the allegations in the SEC’s complaint, Davis consented to entry of a judgment in the Civil Action. On June 3, 2016, the Court entered judgement against Davis, which, among other things, permanently restrains and enjoins Davis from engaging in any further conduct that would violate the Securities Act of 1933, the Securities Exchange Act of 1934, or the Investment Advisers Act of 1940 and also requires Davis to disgorge funds in an amount to be determined by the Court upon a future motion by the SEC.  Davis also consented to the appointment of a receiver.

Accordingly, on June 8, 2016, the Court appointed the Receiver to take possession, custody, and control over all of the assets belonging to the Receivership Defendants or any of their subsidiaries, successors, and assigns (the “Receivership Estate”).  In addition, the Receiver has been directed to liquidate the assets of the Receivership Estate, conduct a claims determination process, and disburse the funds in the Receivership Estate to holders of allowed claims based on a distribution scheme to be approved by the Court in the future.

The Receivership Defendants include the following:

  • DCG Real Assets, LLC
  • DCG Commercial Fund I, LLC
  • H20, LLC
  • DCG PMG, LLC
  • DCG PMF, LLC
  • Finely Limited, LLC
  • DCG Funds Underwriting, LLC
  • DCG ABF Management, LLC
  • DCG Funds Management, LLC
  • Davis Capital Group, Inc.
  • Davis Financial, Inc.
  • DCG Partners, LLC
  • DCG Real Estate Development, LLC
  • Huntersville Plaza Phase One, LLC
  • Huntersville Plaza Phase Two, LLC
  • North Lake Business Park, LLC
  • Richard Davis Enterprises, LLC
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Notice of Motion to Approve Settlement Resolving Nevada Litigation

Take notice that A. Cotten Wright, as the duly-appointed Receiver in the above-captioned action for the assets of DCG Real Assets, LLC and related entities (the “Receiver”), through counsel, has filed a motion to approve a settlement resolving litigation that was pending in Pershing County, Nevada on the date the Receiver was appointed (the “Settlement Motion”).  A copy of the Settlement Motion is linked below.

If you do not want the Court to approve the Settlement Motion, or if you want the Court to consider your views of the Settlement Motion, then on or before September 7, 2017, you or your attorney must file a written response with the United States District Court for the Western District of North Carolina, www.ncwd.uscourts.gov.

DE138 – Motion to Approve Settlement Resolving Nevada Litigation

Claims Process Approved By Court; Claim Forms Due by September 16, 2017

On August 10, 2017, the U.S. District Court entered an Order approving the Receiver’s proposed process for establishing investors’ claims against the DCG Receivership Estate.  Investors should complete the attached Claim Verification Form, attach all required documentation (if any), sign and return it as instructed on the last page of the Claims Verification Form on or before September 16, 2017.  You do not need to file your claim with the Court.

The Receiver will review each Claim Verification Form and accompanying documentation and then file with the Court a recommendation as to the treatment of all claims, including a narrative explanation of any objections to submitted claims (the “Claims Report”).  Each investor will have the opportunity to object to all or any portion of the Claims Report.

Investors may direct questions to dcgreceiver@grierlaw.com or call the Receiver’s office at 704-375-3720.

Attachments:

  1. Notice of Claim Verification Form and Claims Bar Date
  2. Claim Verification Form

Notice of Claim Verification and Claims Bar Date

Claim Verification Form