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January 2021 - Amended Order of Appointment

On October 9, 2020, the United States District Court, District of South Carolina issued an Order to Amend Appointment of a Receiver to address the recent indictment of Melanie Jo Schulze-Miller.  To review the Order in its entirety, you may use the link at the bottom of this page.  An excerpt from the Order is as follows:  

“This matter is before the Court on the United States of America’s Motion to Amend the Order of Appointment filed September 1, 2020 (“Motion to Amend”). (Civil Case, ECF No. 41.)

On March 12, 2019, a federal grand jury indicted Scott. A. Kohn (“Kohn”) and Future Income Payments, LLC (“FIP”) for conspiracy to engage in wire and mail fraud related to allegations that Kohn and FIP orchestrated and effectuated a Ponzi scheme. On July 9, 2019, Joseph P. Hipp (“Hipp”), Kraig S. Aiken (“Aiken”) and David N. Kenneally (“Kenneally”) were named in a Superseding Indictment. (Criminal Matter, ECF No. 22.) As a result of the Superseding Indictment, the Court granted the United States of America’s Motion to Amend the Order of Appointment to add Hipp, Aiken and Kenneally as Defendants. (Civil Case, ECF No. 9.) 

On August 11, 2020, Melanie Jo Schulze-Miller (“Schulze-Miller”) was named in a Second Superseding Indictment. (Criminal Matter, ECF No. 219.) On September 1, 2020, the Court granted the United States of America’s Motion to Amend the Order of Appointment to add Schulze-Miller as a Defendant. (Civil Case, ECF No. 51.)  

On March 27, 2019, the United States moved the Court pursuant to Title 18, United States Code, Section 1956(b)(4)(A), and the Court’s inherent equitable powers for the appointment of a Federal Receiver regarding Kohn and FIP (Criminal Action No. 6:19-cr-00239-BHH). The Court granted the United States’ motion on April 15, 2019, and appointed Beattie B. Ashmore as the Receiver and thereafter amended the Order of Appointment on April 30, 2019, July 18, 2019, March 3, 2020 and September 1, 2020. After consideration, the Court grants the United States of America’s Motion to Amend to add the language contained in paragraphs 6 and 17 as well as the addition of paragraph 18 related to attorney client privilege and the FIP Receivership Entities, in addition to other clarifying amendments.

This Order replaces and supersedes the Order of September 1, 2020.”

COVID UPDATE

As an extension of the United States District Court for the District of South Carolina, the Receiver’s office looks to the Court for guidance as it relates to normal business practices during the time of Covid-19.  The Court is monitoring the effects of Covid-19 on the community and continues to follow the recommendations from the South Carolina Department of Health and Environmental Control and the Center for Disease Control. 

The Receiver continues to investigate the fraudulent activity of Future Income Payments, as well as bring lawsuits against those who profited from that unlawful activity.  If you have any information that might aid the Receiver in our efforts to recover funds, please contact us at the number listed on this website.  At this time, the Receiver’s office is still able to operate daily, however, the hours of the staff are at a part-time status until conditions improve.  

ECF270 - Amended Order of Appointment