United States v. Gunter, et al. Claims Administration
Frequently Asked Questions
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1. What is this about?
In February 2013, the United States initiated the Remission process to facilitate the return of forfeited money to eligible victims of frauds perpetrated by defendant Paul Gunter and others (the “Defendants”). Remission occurs when forfeited assets are returned to the victims of the crime underlying the forfeiture. Authority to grant Remission rests with the United States Attorney General, as delegated to the Asset Forfeiture and Money Laundering Section of the United States Department of Justice. The Department of Justice hired Garden City Group, LLC (“GCG”) to serve as the Remission Administrator for this matter.
The Defendants were charged with violations of United States federal law involving Rocky Mountain Gold Mining, Inc., Mobilestream, Inc. (also known as (“a/k/a”) Mobilestream Oil), Nanoforce, Inc., RegalTech, Inc. (a/k/a Asante Networks), and FOREX (foreign exchange investment a/k/a Continental Clearing). Evidence presented at trial also established that the Defendants were involved in relevant uncharged fraudulent activity involving the following entities: IQ Webquest (a/k/a SpeechLink Communications), Turquoise Development, and Transglobal Oil (a/k/a Transglobal). The Remission process in this administration is limited to individuals who invested in one or more of the eight bolded entities listed above (collectively, the “Eligible Entities”). Investments in other entities are not eligible in this administration.
2. What is a Petition for Remission?
A Petition for Remission is a request made to the Attorney General by victims of criminal activity to recover money that they have lost as a result of the crime. During the Remission process, the Government obtains judicial forfeiture of assets that are associated with the criminal activity and the forfeited assets are returned to the victims of the crime underlying the forfeiture.
3. What securities are eligible?
The Remission process is limited to individuals who invested in one or more of the eight Eligible Entities, which are listed below:
- Rocky Mountain Gold Mining, Inc.
- Mobilestream, Inc. ( a/k/a Mobilestream Oil)
- Nanoforce, Inc.
- RegalTech, Inc. (a/k/a Asante Networks)
- FOREX (foreign exchange investment a/k/a Continental Clearing)
- IQ Webquest (a/k/a SpeechLink Communications)
- Turquoise Development
- Transglobal Oil (a/k/a Transglobal)
4. Why did I receive a Notice and Petition for Remission Form (“Petition”)
You received a Petition because our records indicate that you may have invested in one or more of the Eligible Entities during the period between July 1, 2004 and March 31, 2008.
5. How do I get a Petition?
GCG mailed Petitions to all identified potentially eligible victims of the fraud underlying the Gunter matter identified by the Department of Justice. If you do not receive a Petition and you believe you are eligible to participate in the remission process, you can download the form by clicking here or you can send a request by email to info@GunterClaimsAdministration.com or by mail to Gunter Claims Administration, c/o GCG, P.O. Box 9349 Dublin, OH 43017-4249, U.S.A.
7. What do I need to do to participate in the Remission Fund?
To qualify for a payment, you must submit a completed Petition, along with your supporting documentation to the Remission Administrator.
8. How can I file a Petition?
You can file a Petition in one of two ways: (i) by emailing your Petition to info@GunterClaimsAdministration.com or (ii) by mailing a Petition to the Remission Administrator at the address located here.
Please note that email is not secure and we recommend that you encrypt any documents containing personal or otherwise sensitive information.
10. What do I need to submit with my Petition?
If you received a pre-populated Petition that includes your transaction information, then you are not required to submit supporting documentation pertaining to that transaction. However, if you disagree with the pre-populated information or if you wish to add investment information that was not captured in the Petition or if you did not receive a pre-populated Petition, then each transaction described in your Petition must be fully documented to be eligible. This includes all investment information and purchase amounts for each transaction. Appropriate documentation to support your Petition includes copies of bank statements, wire transfer receipts and stock certificates.
11. Will I be notified if my Notice and Petition for Remission is deficient?
Yes, GCG will provide a Notice of Deficiency to all Petitioners with deficient Petitions specifying the additional information that must be submitted. The deficiency must be corrected within 30 days of the mailing date of the Notice of Deficiency. If the deficiency is not cured within 30 days or any extension thereof, the Petition will be designated for denial.
12. What is the calculation formula that will be used to determine payment?
When the forfeited funds are insufficient to fully compensate all the victims in a multi-victim case, the funds are generally distributed on a pro rata basis in accordance with the amount of loss suffered by each victim. For example, if the forfeited funds cover one-half of the victims' losses, each victim receives 50 percent of his/her actual pecuniary loss.
13. If my Petition is approved, how will I be paid?
You may elect on your Petition to receive your payment by electronic funds transfer or check. If you request to receive your payment by electronic funds transfer, you must timely provide complete, accurate banking information on your claim form or by contacting the Remission Administrator using the contact information located here.
If you choose to receive an electronic funds transfer, please provide the following, and complete the transfer instructions accordingly:
Ultimate Beneficiary Name
Ultimate Beneficiary Address
Ultimate Beneficiary IBAN or Account Number
Beneficiary Bank Name
Beneficiary Bank Address
Beneficiary Bank Sort Code – not needed if IBAN has been supplied – still needed if only account number is supplied
Beneficiary Bank Swift Code
Intermediary Bank (IB): Please check with your bank and simply ask “if I am receiving electronic U.S. Dollar transfer funds (or British Pounds if that is your request) from a bank in the US (or London, again if you choose Pounds), can the funds be directed to my Bank or do they need to be sent to an intermediary bank that would then forward them to my Bank? If there is no Intermediary Bank, you may leave this blank.”
17. The Petitioner is deceased what can I do?
For deceased victims, please send a copy of the death certificate and grant of representation from the Probate Registry along with the signed and completed Petition for Remission Form, and any necessary supporting documentation. If the estate is open, then the transfer request should be to the executorship account.