Receivership in Commodity Futures Trading Commission v. Denari Capital LLC et al, Case No. 3:19-cv-07284-EMC
This is the website of Receiver, Kathy Bazoian Phelps, appointed in CFTC v. Denari Capital, LLC, et. al, Case No. 3:19-cv-07284-EMC. On November 5, 2019, the CFTC filed a Complaint (Doc. No. 1) against Denari Capital LLC, Travis Capson, and Arnab Sarkar (the “Receivership Defendants”). On December 4, 2019, the Court entered the Consent Order for Preliminary Injunction and Other Ancillary Relief Against Defendants (Doc. No. 37) which, among other things, appointed Ms. Phelps as the temporary receiver with full powers of an equity receiver for the Receivership Defendants and their affiliates and subsidiaries. The Receiver has the full powers of equity receiver over all of the funds, properties, premises, accounts, and income of the Receivership Defendants, and other assets directly or indirectly owned, beneficially or otherwise, by the Receivership Defendants, except as explicitly excluded in the Consent Order.
The purpose of this website is to provide convenient access to information about the receivership, including status reports from the Receiver, copies of pleadings filed in the case, and Frequently Asked Questions (FAQs). The website will be updated periodically, and all creditors, investors and parties in interest are encouraged to check the website for updates. If you require further information not contained in this website, you may Contact Us.
August 23, 2021
The Court granted the Receiver’s motion to make another interim cash distribution to cash claimants. The Receiver’s team has been in touch with all cash claimants to confirm their account information and will be in touch further if there are any issues with any individual distribution.
The Court also confirmed that all claims not already allowed shall be barred, and enjoined all persons “from commencing or prosecuting, without leave of this Court, any action against the Receiver or her agents in connection with or arising out of the Receiver Parties’ services to this Court in this Receivership.”
April 23, 2021
The Receiver and her counsel joined the law firm Raines Feldman LLP and filed a motion with the Court to approve the engagement of Raines Feldman shortly thereafter. Please note that Kathy Phelps can now be reached at firstname.lastname@example.org and Dave Castleman can now be reached at email@example.com. Please check back for updates on this new website for future filings, news, and other updates.
September 29, 2020
The Court has converted to hearing on the Motions listed below which are set for October 1, 2020 at 1:30 p.m. to a Zoom hearing. You are not required to attend the hearing, but if you wish to attend, please follow the Court’s instructions below:
CLERKS NOTICE CONVERTING MOTIONS HEARING TO ZOOM HEARING. Motion Hearing re: , , , and  set for 10/1/2020 01:30 PM in San Francisco before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.
Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc
General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.
Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.
as to  MOTION FOR ENTRY OF AN ORDER APPROVING SETTLEMENT WITH UNITED RESOURCE HOLDINGS GROUP, INC., UNITED MILLING AND REFINING CORP., AND SPRINGBOK DEVELOPMENT LLC ,  MOTION FOR ENTRY OF AN ORDER APPROVING: (1) RECEIVERS PLAN OF DISTRIBUTION; (2) SIERRA GOLD LLC AGREEMENT; (3) FORM AGREEMENTS WITH INVESTORS; AND (4) FORM AND MANNER OF NOTICE ,  MOTION FOR ENTRY OF AN ORDER UNDER 28 U.S.C. § 2004 FOR APPROVAL OF SALE OF PUBLICLY TRADED SHARES ,  MOTION FOR ENTRY OF AN ORDER APPROVING SETTLEMENT OF CLAIM ASSERTED BY INVESTOR GREGORY CAPSON . Motion Hearing set for 10/1/2020 01:30 PM in San Francisco before Judge Edward M. Chen.
February 18, 2020
On February 6, 2020, the Court entered its Amended Order Granting Administrative Motion by Receive Pursuant to Local Civil Rule 7-11 For Entry of Order: (1) Establishing Claims Bar Date; (2) Approving Form and Manner of Notice; (3) Approving Proof of Claim Form and Summary Procedures; and (4) Establishing the Net Investment Methodology for Claims. The Court set April 6, 2020 as the Claims Bar Date. All claimants are to submit a Proof of Claim form to the Receiver no later than April 6, 2020 or their claims will be forever barred.
Please click on the following links to view copies of: