Klein & Associates

June 18, 2015: Order Terminating Receivership. Today, the Court entered an order terminating the Receivership Estate and discharging the Receiver. As part of that order, the Court: i) approved the final status report and accounting, ii) approved payment of a fifth distribution in the amount of $397,000, iii) approved payment of the remaining receiver fees and attorneys’ fees, and iv) approved procedures for the closing of the case. A copy of the order can be found here. It is expected that this will be the final posting on this website.

June 16, 2015: Motion to Close Receivership. The Receiver filed a motion seeking court approval to close the Trigon receivership. The motion includes a request to make a fifth and final distribution to investors of $397,000, approve payment of receiver and attorneys’ fees, and approve procedures to close the case. If the court approves the motion, checks will be mailed to the investors. A copy of the motion can be found here.

June 11, 2015: Notice of Settlements. The Receiver filed a notice of a settlement with Stephan Lawson, which will result in the payment of $10,000 in satisfaction of the judgment the Receiver obtained against Lawson. This settlement reflects collection of the final judgment the Receiver has obtained in this case and the conclusion of all litigation. A copy of the notice can be found here.

April 23, 2015: Status Report Filed. The Receiver filed a status report, summarizing receivership activities in the first quarter of the year and describing plans for closing the receivership estate. A copy can be found here.

March 6, 2015: The Receiver has filed a notice of property sale, summarizing the results of the auction of the commercial lot in Meridian, Idaho. Anyone wanting to object to consummation of this sale should file notice with the Court within ten days of today’s filing. A copy of the notice can be found here.

February 23, 2015: The Receiver filed a status report summarizing activities during the last quarter of 2014. A copy of the report can be found here.

February 11, 2015: The court has granted the Receiver’s motion to sell the Eagle Road property at an auction to be held on March 3, 2015. A copy of the court’s order can be found here.

February 5, 2015: The Receiver filed a motion seeking Court approval to conduct an auction to sell the one remaining real estate property in the Receivership Estate. The motion proposes a no-reserve auction to be conducted on March 3, 2015. A copy of the motion can be found here.

January 2, 2015: The Ninth Circuit Court of Appeals issued a decision today affirming the jury verdict against Doyle Beck. The amount of the judgment against Beck, with interest, is now more than $90,000. A copy of the appeals court ruling can be found here.

October 22, 2014: The Receiver filed with the Court a quarterly status report for the period from July 1, 2014 to September 30, 2014. A copy of the report can be found here.

July 28, 2014: The Receiver filed today his quarterly status report for the period ending June 30, 2014. A copy of the report can be found here.

June 16, 2014: The Ninth Circuit Court of Appeals announced that the oral argument on the appeal by Doyle Beck will be August 29, 2014.

April 9, 2014: The Receiver filed the status report today with the Court covering the activities for the period from January through March 2014. A copy of the report can be found here.

February 24, 2014: Capital One Financial has dismissed its appeal based on its settlement with the Receiver. A copy of the order dismissing the appeal can be found here.

February 12, 2014: The Receiver filed with the Court notice of a settlement with Capital One Bank. The bank had appealed the judgment won by the Receiver, then decided to settle. A copy of the notice can be found here.

February 4, 2014: The Receiver filed with the Court a notice of property sale. The Receiver has provisionally accepted an offer of $120,000 for the two-acre parcel of land in Ammon, Idaho. The sale is subject to review by the Court and consideration of any objections filed by others. Any objections should be filed within ten days. A copy of the notice can be found here.

January 22, 2014: The Court today granted the Receiver’s request to make a fourth interim distribution to investors in the amount of $689,130.04. A copy of the order can be found here. The checks will be sent in the coming days.

January 16, 2014: The Receiver filed a motion today seeking court approval to make a fourth interim distribution of funds. The Receiver proposes distributing $689,130.04, equal to 10% of the amount of the remaining unpaid claims. A copy of the motion can be found here.

January 7, 2014: The Court today signed an order approving payment of fees and expenses to the Receiver and his counsel for the period from October 1, 2012 to September 30, 2013. A copy of the order can be found here.

January 6, 2014: The Receiver filed his status report today for the quarter ending December 31, 2013. A copy of the report can be found here.

December 31, 2013: The Receiver filed a fee application today for work performed on this case from October 2012 through September 2013. The application seeks payment of $13,216.79 in fees and expenses for the Receiver for the year of work and $21,508.63 in fees and expenses for work by his counsel. A copy of the fee application can be found here.

December 30, 2013: The Court today issued an order awarding the Receivership $3,878.50 in its litigation against Stephan Lawson. A copy of the order can be found here. The Receivership has now been granted $35,266.99 against Lawson and is proceeding to try and collect this amount, plus interest that continues to accrue.

November 27, 2013: The Receiver filed his appeal brief in support of the judgment entered by the district court against Doyle Beck. A copy of the Receiver’s brief can be found here.

November 27, 2013: The Receiver today filed a notice of property sale. The notice describes the results of the auction of the Idaho Falls mansion previously owned by Daren Palmer. The home sold for $762,000.00. The filing of the notice triggers a ten-day period for anyone to file objections to the sale. If no objections are filed, the receiver will close the sale. A copy of the notice can be found here.

November 22, 2013: The Receiver has accelerated the auction deadline for the sale of the mansion to Monday, November 25. This acceleration was to make it attractive for additional bidders to participate because those bidders would need to close on the sale before December 31, 2013. The Court has approved the Receiver’s request to accelerate the auction deadline. The Receiver’s motion can be found here. The Court’s order can be found here.

October 24, 2013:The Court today approved the Receiver’s plan to conduct an auction of the Idaho Falls home that was being built by Mr. Palmer. A copy of the Court’s order can be found here.

October 22, 2013: The Receiver filed a status report summarizing activity in the Receivership during the quarter ending September 30, 2013. A copy of the report can be found here.

October 22, 2013: The Receiver filed a motion today seeking Court approval to hold an auction to sell the Idaho Falls mansion. The auction will be held December 12, 2013. The property will be sold without any minimum price, but will be subject to final court approval. The motion summarizes the auction plan and includes a copy of the auction agreement. A copy of the motion can be found here. The auctioneer has prepared a brochure describing the property and inviting bids for the home. A copy of the brochure can be found here.

July 26, 2013: The Receiver filed a notice with the Court of a pending sale of real estate. The notice describes an offer of $19,500 the Receiver has accepted for a building lot in Idaho Falls. The notice also provides that If no one objects to the sale within ten days of the notice, the sale will go forward. A copy of the notice can be found here.

July 19, 2013: The Receiver filed his most recent status report with the Court. The Report describes developments in the case for the period from April 1, 2013 to June 30, 2013. A copy of the report can be found here.

July 12, 2013: The Court today entered a judgment against Capital One Bank in the amount of $72,206.40. This includes $42,263.75 in payments owed to Trigon and $29,942.65 in pre-judgment interest. A copy of the order can be found here.

May 28, 2013: The Court today issued an opinion granting summary judgment to the Receiver in his lawsuit against Capital One Bank. The Receiver had sued Capital One seeking the return of monies that Trigon paid to Capital One on a credit card held by Daren Palmer. The opinion requires Capital One to repay $42,263.75 to the Receivership Estate, along with 12% interest.

May 28, 2013: The Court granted summary judgment to the Receivership against Stephan Lawson for $20,000 paid to Lawson by Trigon. The Court found that Trigon received no benefit from the monies paid to Lawson and ordered the amount repaid, with interest. It is not clear whether Lawson has the resources to pay this judgment or whether the Receiver will be required to file a lien on Lawson’s home.

April 30, 2013: The Receiver today filed a quarterly status report summarizing activities in the Receivership from January through March 2013. A copy of the report can be found here.

April 19, 2013: Doyle Beck has appealed the judgment that the Receiver obtained against him. A copy of the notice of appeal can be found here.

April 8, 2013: The Court today entered an amended judgment against Doyle Beck, requiring him to pay $87,534.56 to the Receiver. A copy of the judgment can be found here.

March 22, 2013: The Court today issued a ruling on the motions by the Receiver and Beck to alter the jury verdict in the Receiver’s lawsuit against Beck. The Court denied Beck’s motion to amend the judgment. The Court denied the Receiver’s motion to amend the judgment but granted the Receiver’s motion to be awarded prejudgment interest on the $55,000 awarded to the Receiver by the jury. A copy of the Court’s order can be found here.

January 11, 2013: A status report was filed today showing activities of the receivership for the last three months of 2012. A copy can be found here.

December 18, 2012: The Court today issued an order approving payment of the fees and expenses of the Receiver and his counsel for the period from April 1, 2012 to September 30, 2012. A copy of the order can be found here

December 7, 2012: The Receiver filed a motion for summary judgment today in his lawsuit against Stephan Lawson. A copy of the motion can be found here.

November 14, 2012: A fee application was filed today by the Receiver and his attorneys. The fee application is for work performed for the six months from April 1, 2012 through September 30, 2012. A copy of the application can be found here.

September 30, 2012: The quarterly status report for the quarter ending September 30, 2012 was filed with the Court on November 14, 2012. A copy can be found here.

September 21, 2012: The Court today issued an order approving the Receiver’s request to make a third distribution of funds to investors. Checks are being mailed to investors on September 24, 2012. A copy of the court order can be found here.

September 5, 2012: The Receiver today filed with the court a motion for judgment against Beck in the amount of $555,000, arguing that because the jury found that Duane Yost was not acting in good faith, the transfers to Beck did not result in any benefit coming to Trigon. A copy of the motion and memorandum can be found here. Beck’s attorney has also filed a post-trial motion arguing that the Receiver should not have been awarded any damages by the jury.

August 8, 2012: The Court today entered judgment in favor of the Receiver against Doyle Beck. The judgment is for the $55,000 awarded by the jury at the trial that concluded August 3. A copy of the judgment can be found here.

August 3, 2012: A jury today entered its verdict awarding the Receiver $55,000 in his lawsuit against Doyle Beck. The Receiver had sued Mr. Beck seeking the return of $555,000 that Duane Yost paid to Mr. Beck where Mr. Yost used funds from Trigon to pay Mr. Beck. The jury decided the Mr. Beck should be allowed to offset the $500,000 that he loaned to Mr. Beck from the amount being sought by the Receiver. As a result, the jury ordered Mr. Beck to pay to the Receiver all the funds he received from Trigon (through Mr. Yost) in excess of the loan he made to Mr. Yost.

July 27, 2012: Today, the Receiver filed a motion with the Court seeking permission to make a third distribution of $800,000.00. This distribution is a result of two recent settlements with Diners Club and American Express, which brought close to $750,000.00 into the receivership Estate. A copy of the motioncan be found here, and memorandum can be found here.

June 30, 2012: The Receiver filed the quarterly status report for the three months ending June 30, 2012. A copy of the report can be found here. The report was prepared in August, but was inadvertently not filed with the Court until November 15, 2012.

June 8, 2012: The Receiver today filed a notice of settlement, giving notice of a settlement agreement he reached with American Express. Under the agreement, American Express will pay $590,000 to the Receivership. If no objections are filed within ten days, the Receiver will proceed to implement the settlement agreement. A copy of the notice can be found here. In addition, the Court today issued an order approving the payment of fees and reimbursement of expenses for the Receiver and his attorneys. A copy of the order can be found here.

May 29, 2012: The Receiver filed a notice of settlement of his lawsuit against Brad Beauchamp.

May 8, 2012 The Receiver today filed an application with the court for approval to pay the fees and expenses of the Receiver and his counsel for the period from October 2011 to March 2012.

April 30, 2012: The Receiver today filed the March 31, 2012 quarterly status report with the Court. The Receiver also filed a Notice of Settlements, advising the Court of settlement agreements reached with Diners Club and RoChel Burtenshaw.

March 2, 2012: The Court today signed an order allowing the Receiver to make a second interim distribution of $300,000 to the 24 investors remaining in the distribution pool. Checks are expected to be mailed March 5, 2012.

February 27, 2012:The Receiver today filed a notice with the Court of a proposed sale of a residential building lot located near St. George, Utah and also the proposed settlement of two lawsuits the Receiver had filed against Michael Beauchamp and Lexie Kunz.

February 21, 2012: Today the Receiver filed a copy of the quarterly status report for the period ending December 31, 2012. The Receiver also filed a motion with the Court asking for approval to make a second interim distribution to investors in the amount of $300,000.00. A copy of the motion and supporting memorandum can be found here.

Telephone: (801) 824-9616
E-Mail:  wklein@kleinutah.com
www.kleinutah.com

Telephone: (202) 418-5568

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Email: awilson@cftc.gov

Telephone: (208) 332-8093

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Email: aconilogue@finance.idaho.gov

Telephone: (801) 524-5796

Facsimile: (801) 524-5262

Email: martinezk@sec.gov