Voicemail of Receiver:
(949) 222-0305
This website was last updated October30, 2018, at 12:00 p.m.
Welcome to the Total Wealth Management Receivership website.  This Website has been established to facilitate efficient communications between investors, creditors, former employees, and other interested parties of Total Wealth Management, Inc. and all of its subsidiaries and affiliates, including Altus Capital Management, LLC (the “Receivership entities”) and their court-appointed receiver, Thomas A. Seaman (the "Receiver"). This website will be updated with new developments in the receivership in reverse chronological order.
MOST RECENT UPDATES:
      
NEW!
FOURTH INTERIM FEE APPLICATIONS OF RECEIVER, RECEIVER’S COUNSEL AND ACCOUNTANTS
On October 29, 2018, the Receiver filed his NOTICE OF FOURTH INTERIM APPLICATIONS OF RECEIVER, THOMAS A. SEAMAN, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES [JANUARY 1, 2017 - JULY 31, 2018]; NOTICE OF FIRST APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF CROWE, LLP, ACCOUNTANT FOR THOMAS A. SEAMAN, RECEIVER [Dkt. No. 241].  The filing also includes the MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF FOURTH INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF RECEIVER, THOMAS A. SEAMAN, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [Dkt. No. 241-5]; the DECLARATION OF RECEIVER, THOMAS A. SEAMAN, IN SUPPORT OF FOURTH INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVER'S COUNSEL, ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [JANUARY 1, 2017 - JULY 31, 2018] [Dkt. No. 241-4]; and the FOURTH INTERIM APPLICATION FOR PAYMENT OF FEES OF RECEIVER, THOMAS A. SEAMAN [JANUARY 1, 2017 – JULY 31, 2018] [Dkt. No. 241-1].
    
The fee application details work performed by the Receiver from January 1, 2017, through July 31, 2018. The Receiver and his staff worked 1,226.1 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  Exhibit A includes the January 2017 through July 2018 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper.  A Proof of Service is also attached.  The application of the Receiver seeks approval of the fee application and authorization to pay 90% of approved fees.
     
On October 29, 2018, the Receiver's attorneys, Allen Matkins LLP, filed their FOURTH INTERIM APPLICATION OF RECEIVER'S COUNSEL, ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES [JANUARY 1, 2017 - JULY 31, 2018] [Dkt. No. 241-2] with the Court. The fee application details 786.4 of work performed by the attorneys from July 1, 2015, through December 31, 2015, and Exhibit A details work performed on behalf of the Receivership Estate and Exhibit B gives professional biographies of the attorneys involved.  A Proof of Service is also included. The attorneys seek an order approving fees and authorizing the Receiver to pay 70% of the detailed fees and 100% of claimed costs.
    
On October 29, 2018, the Receiver's accountants, Crowe LLP, filed their FIRST APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF CROWE LLP, ACCOUNTANT FOR THOMAS A. SEAMAN, RECEIVER [Dkt. No. 241-3] with the Court. The fee application details 719.2 hours of work performed by the accountants from March 1, 2015, through November 30, 2017, and its Exhibits A, B, C and E detail work performed on behalf of the Receivership Estate and Exhibit D gives professional biographies of the personnel involved.  A Proof of Service is also included. The accountants seek an order approving fees and authorizing the Receiver to pay 100% of the unpaid detailed fees.
  
No hearing for the applications is required unless requested by Court.  If needed it is calendared for December 3, 2018.
       
ORDER OVERRULING OBJECTION, ESTABLISHING ALLOWED CLAIMS, AND APPROVING OMNIBUS AND SPECIFIC CLAIM OBJECTIONS
     
REPLY OF RECEIVER FOR ORDER TO ESTABLISH ALLOWED CLAIMS AND OBJECTIONS
On September 10, 2018, the Receiver filed his OMNIBUS REPLY OF RECEIVER, THOMAS A. SEAMAN, IN SUPPORT OF MOTION FOR ORDER ESTABLISHING ALLOWED CLAIMS AND APPROVING OMNIBUS AND SPECIFIC CLAIM OBJECTIONS [Dkt. No. 237].  The hearing is calendared for September 17, 2018, at 10:00 a .m.
   
     
     
    
If you oppose the Receiver's Motion, you must file your written opposition with the Office of the Clerk, United States District Court, 880 Front Street, Suite 4290, San Diego, CA 92101-8900, and serve the same on the Receiver’s attorneys, David Zaro or Joshua Del Castillo of Allen Matkins Leck Gamble Mallory & Natsis LLP, not later than fourteen (14) days prior to the above-referenced hearing date.  The motion for this hearing is calendared for September 17, 2018, at 10:00 a.m.
      
RECEIVER’S MOTION FOR AWARD OF SETTLEMENT FUNDS
On April 26, 2018, the Receiver filed his NOTICE OF MOTION AND MOTION OF RECEIVER, THOMAS A. SEAMAN, AND PLAINTIFF, SECURITIES AND EXCHANGE COMMISSION, FOR ORDER AWARDING SETTLEMENT FUNDS TO RECEIVER, IN THEIR  ENTIRETY [Dkt. No. 208], supported by his MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION OF RECEIVER, THOMAS A. SEAMAN, AND PLAINTIFF, SECURITIES AND EXCHANGE COMMISSION, FOR ORDER AWARDING SETTLEMENT FUNDS TO RECEIVER, IN THEIR ENTIRETY [Dkt. No. 208-1]DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION OF RECEIVER, THOMAS A. SEAMAN, AND PLAINTIFF, SECURITIES AND EXCHANGE COMMISSION, FOR ORDER AWARDING SETTLEMENT  FUNDS TO RECEIVER, IN THEIR ENTIRETY [Dkt. No. 208-2] and REQUEST FOR JUDICIAL NOTICE IN SUPPORT MOTION OF RECEIVER, THOMAS A. SEAMAN, AND PLAINTIFF, SECURITIES AND EXCHANGE COMMISSION, FOR ORDER AWARDING SETTLEMENT FUNDS TO RECEIVER, IN THEIR ENTIRETY [Dkt. No. 208-3] .  The hearing is calendared for for May 29, 2018, at 10:00 a.m., if requested by the Court.
   
RECEIVER’S SIXTH REPORT TO THE COURT
On March 20, 2018, the Receiver filed his SIXTH INTERIM REPORT AND PETITION FOR INSTRUCTIONS OF RECEIVER, THOMAS A. SEAMAN [Dkt. No. 204] with the Court.  The filing was accompanied by the Receiver’s NOTICE OF FILING OF SIXTH INTERIM REPORT AND PETITION FOR INSTRUCTIONS OF RECEIVER, THOMAS A. SEAMAN [Dkt. No. 205].  The report covers the time period of September 16, 2017, through March 9, 2018.  
    
RECEIVER’S FIFTH REPORT TO THE COURT
On October 30, 2017, the Receiver filed his FIFTH INTERIM REPORT AND PETITION FOR INSTRUCTIONS OF RECEIVER, THOMAS A. SEAMAN [Dkt. No. 192] with the Court.  The filing was accompanied by the Receiver’s NOTICE OF FILING OF FIFTH INTERIM REPORT AND PETITION FOR INSTRUCTIONS OF RECEIVER, THOMAS A. SEAMAN [Dkt. No. 193].  The report covers the time period of January 1, 2017, through September 15, 2017.  

DEFENDANT JACOB COOPER'S MOTION TO STAY; SECURITY AND EXCHANGE
COMMISSION’S AND RECEIVER’S OPPOSITION TO DEFENDANT'S MOTION TO STAY
  
       
NOTICE OF CLAIMS BAR DATE; CLAIM FORM WITH INSTRUCTIONS   
SEC v. Total Wealth Management, Inc., et al, Case No. 15-cv-00226-BAS-DHB
The United States District Court for the Southern District of California has set May 8, 2017, as the Claims Bar Date for the submission of claims in the Receivership in this action. Any person who believes they have a claim of any type against TOTAL WEALTH MANAGEMENT, INC.; ALTUS CAPITAL MANAGEMENT, LLC; ALTUS FOCUSED GROWTH PORTFOLIO SERIES, LP; ALTUS INCOME PORTFOLIO SERIES, LP; ALTUS CONSERVATIVE PORTFOLIO SERIES, LP; ALTUS MODERATE GROWTH PORTFOLIO SERIES, LP; ALTUS MODERATE PORTFOLIO SERIES, LP; ALTUS GROWTH PORTFOLIO SERIES, LP; and ALTUS CAPITAL OPPORTUNITY FUND, LP; or their subsidiaries and affiliates must send a Claim Form to Thomas Seaman, Receiver for Total Wealth Management, Inc. et al, 3 Park Plaza, Suite 550, Irvine, California 92614 to submit a claim. Do not file your Claim Form with the Court. Claim Forms must be received by the Receiver on or before May 8, 2017, at 5:00 PM P.S.T. or you will lose your right to receive any distribution from the Receivership Estate and your claim will be forever barred. Additional information and Claim Forms can be obtained at https://www.totalwealthreceiver.com.    
    
RECEIVER’S FOURTH REPORT TO THE COURT
On April 20, 2017, the Receiver filed his FOURTH INTERIM REPORT AND PETITION FOR INSTRUCTIONS OF RECEIVER, THOMAS A. SEAMAN WITH EXHIBITS [Dkt. No. 144].
           
MOTION FOR ORDER ESTABLISHING SUMMARY CLAIMS PROCEDURES
On November 29, 2016, the Receiver filed his  NOTICE OF MOTION AND MOTION OF RECEIVER, THOMAS A. SEAMAN, FOR ORDER ESTABLISHING SUMMARY CLAIMS PROCEDURES, SETTING CLAIMS BAR DATE, AND APPROVING PROPOSED CLAIM FORM [Dkt. No. 124] .  The motion is supported by his MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION OF RECEIVER, THOMAS A. SEAMAN, FOR ORDER ESTABLISHING SUMMARY CLAIMS PROCEDURES, SETTING CLAIMS BAR DATE, AND APPROVING PROPOSED CLAIM FORM [Dkt. No. 124-1] .  Do not send to the Receiver the proposed claim form as it is for the Court to review only.  When the claims process has been approved by the Court, the Receiver will notify you and provide you with any needed forms at that time.  There will be no oral argument on this motion unless requested by the Court.  If requested by the Court, the hearing on this motion is calendared for January 9, 2017, at 10:00 a.m.
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SECOND INTERIM FEE APPLICATIONS OF RECEIVER AND COUNSEL
On August 2, 2016, the Receiver filed his NOTICE OF SECOND INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER, THOMAS A. SEAMAN, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [Dkt. No. 107].  The filing also includes the MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SECOND INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF RECEIVER, THOMAS A. SEAMAN, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [Dkt. No. 107-9], the DECLARATION OF RECEIVER, THOMAS A. SEAMAN, IN SUPPORT OF SECOND INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVER'S COUNSEL, ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [Dkt. No. 107-10] and the SECOND INTERIM APPLICATION FOR PAYMENT OF FEES OF RECEIVER, THOMAS A. SEAMAN [Dkt. No. 107-1,2,3,4].

The fee application details work performed by the Receiver from July 1, 2015, through December 31, 2015. The Receiver and his staff worked 411.3 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  Exhibit A includes the July 2015 through December 2015 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper.  A Proof of Service is also attached.  The application of the Receiver seeks approval of the fee application and authorization to pay 90% of approved fees.
 
On August 2, 2016, the Receiver's attorneys, Allen Matkins LLP, filed their SECOND INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL, ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP [Dkt. No. 107-5,6,7,8] with the Court. The fee application details 378.5 of work performed by the attorneys from July 1, 2015, through December 31, 2015, and Exhibit A details work performed on behalf of the Receivership Estate and Exhibit B gives professional biographies of the attorneys involved.  A Proof of Service is also included. The attorneys seek an order approving fees and authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.
 
No hearing for the applications is required unless requested by Court.  If needed it is calendared for September 6, 2016.
 
THIRD INTERIM REPORT AND PETITION FOR FURTHER INSTRUCTIONS OF
RECEIVER
 
ORDER APPROVING JOINT STIPULATION TO SUBSTITUTE THOMAS A. SEAMAN AS PERMANENT RECEIVER
On June 7, 2016, Judge Bashant entered her ORDER APPROVING JOINT STIPULATION TO SUBSTITUTE THOMAS A. SEAMAN AS PERMANENT RECEIVER [Dkt. No. 102].  Mr. Seaman thereby succeeded to all of the duties and obligations of the original receiver as defined in the Court’s preliminary injunction and order appointing receiver, and all subsequent orders.
 
RECEIVER SUES ON BEHALF OF RECEIVERSHIP ESTATE
On March 7, 2016, the Receiver brought suit against Private Placement Capital Notes II, LLC and Anthony (Tony) Hartman on behalf of the receivership estate; in Case 3:16-cv-00578-BEN-DHB; KRISTEN A. JANULEWICZ, RECEIVER v. PRIVATE PLACEMENT CAPITAL NOTES II, LLC; ANTHONY (TONY) HARTMAN; filed in the United States District Court, Southern District of California. The Receiver filed documents COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF [Dkt. No. 1]; with accompanying CIVIL COVER SHEET [Dkt. No. 1-1]; EXHIBIT A [Dkt. No. 1-2]; NOTICE OF RELATED CASE [Dkt. No. 2]; and SUMMONS IN A CIVIL ACTION [Dkt. No. 3].
  
ORDER GRANTING FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES
On 2/24/2016, Judge Bashant entered her ORDER GRANTING FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES [Dkt. No. 75].
 .  
ORDER GRANTING RECEIVER’S MOTION FOR AUTHORITY TO PURSUE CLAIMS
 
ORDER GRANTING JOINT MOTION TO RELEASE FUNDS HELD IN TRUST
On 2/23/2016, Judge Bashant entered her ORDER GRANTING JOINT MOTION TO RELEASE FUNDS HELD IN TRUST [Dkt. No. 73].
 
SECOND INTERIM REPORT AND PETITION FOR FURTHER INSTRUCTIONS OF RECEIVER
On February 1, 2016, the Receiver filed her SECOND INTERIM REPORT AND PETITION FOR FURTHER INSTRUCTIONS OF RECEIVER, KRISTEN A. JANULEWICZ [Dkt. No. 70].  The report is filed with the NOTICE OF FILING OF SECOND INTERIM REPORT [Dkt. No. 71].
 
 
ORDER DENYING DEFENDANT’S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL
On January 29, 2016, Judge Bartick entered his ORDER DENYING DEFENDANT’S MOTION FOR LEAVE ORDER GRANTING JOINT MOTION TO RELEASE FUNDS HELD IN TRUST [Dkt. No. 69].
 
MOTION TO PURSUE CLAIMS AGAINST PRIVATE PLACEMENT CAPITAL NOTES II, LLC & ANTHONY HARTMAN 
On November 9, 2015, the Receiver filed her NOTICE OF MOTION AND MOTION OF RECEIVER, KRISTEN A. JANULEWICZ, FOR AUTHORITY TO PURSUE CLAIMS AGAINST PRIVATE PLACEMENT CAPITAL NOTES II, LLC AND ANTHONY (“TONY”) HARTMAN [Dkt. No. 57], together with  the MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION OF RECEIVER, KRISTEN A. JANULEWICZ, FOR AUTHORITY TO PURSUE CLAIMS AGAINST PRIVATE PLACEMENT CAPITAL NOTES II, LLC AND ANTHONY (“TONY”) HARTMAN [Dkt. No. 57-1] and the DECLARATION OF THE RECEIVER, KRISTEN A. JANULEWICZ, IN SUPPORT OF MOTION OF RECEIVER, KRISTEN A. JANULEWICZ, FOR AUTHORITY TO PURSUE CLAIMS AGAINST PRIVATE PLACEMENT CAPITAL NOTES II, LLC AND ANTHONY (“TONY”) HARTMAN [Dkt. No. 57-4].  No oral argument unless requested by the Court.  If requested, the hearing for this motion is calendared for December 14, 2015.
 
FIRST INTERIM FEE APPLICATIONS OF RECEIVER AND COUNSEL
On September 22, 2015, the Receiver filed her NOTICE OF FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER, KRISTEN A. JANULEWICZ, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [Dkt. No. 51].  The filing also includes the MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF RECEIVER, KRISTEN A. JANULEWICZ, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [DKT. NO. 51-1], the DECLARATION OF KRISTEN A. JANULEWICZ IN SUPPORT OF FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF RECEIVER, KRISTEN A. JANULEWICZ, AND ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP [DKT. NO. 51-2] and the FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES OF RECEIVER, KRISTEN A. JANULEWICZ [DKT. NO. 51-3].
 
The fee application details work performed by the Receiver from February 1, 2015, through June 30, 2015. The Receiver and his staff worked 1,014.6 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  Exhibit A includes the February 2015 through June 2015 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed.  The application of the Receiver seeks approval of the fee application and authorization to pay 90% of approved fees.
 
On September 22, 2015, the Receiver's attorneys, Allen Matkins LLP, filed their FIRST INTERIM APPLICATIONS FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER’S COUNSEL, ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP [DKT. NO. 51-9] (17 mb file, please be patient with download) with the Court. The fee application details 566.5 of work performed by the attorneys from February 1, 2015, through June 30, 2015, and details work performed on behalf of the Receivership Estate. The attorneys seek an order approving fees and authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.
 
No hearing for the applications is required unless requested by Court.  If needed it is calendared for November 2, 2015.
    
FIRST INTERIM REPORT AND PETITION FOR FURTHER INSTRUCTIONS OF RECEIVER
On August 7, 2015, the Receiver filed her NOTICE OF FILING OF FIRST INTERIM REPORT AND PETITION FOR FURTHER INSTRUCTIONS [Dkt. No. 44]  and the FIRST INTERIM REPORT AND PETITION FOR FURTHER INSTRUCTIONS OF RECEIVER, KRISTEN A. JANULEWICZ [Dkt. No. 43]
.  There will be no oral argument before the Court unless requested by the Court.  If requested, the hearing will be calendared for September 8, 2015.
 
ORDER GRANTING MOTION FOR ORDER IN AID OF RECEIVERSHIP
On May 8, 2015, Judge Bashant entered her ORDER GRANTING MOTION FOR ORDER IN AID OF RECEIVERSHIP [Dkt. No. 31].
 
INITIAL REPORT, RECOMMENDATIONS AND PETITION FOR INSTRUCTIONS OF RECEIVER
On March 12, 2015, the Receiver filed with the Court her INITIAL REPORT AND RECOMMENDATIONS AND PETITION FOR INSTRUCTIONS OF RECEIVER, KRISTEN A. JANULEWICZ [Dkt. No. 17] . The report discusses the Receiver’s investigation of the business and financial activities of the Receivership Entities, as well as her efforts to recover the assets of the Receivership Entities. There will be no oral argument before the Court unless requested by the Court. If requested, the hearing will be calendared for April 20, 2015.

CASE INCEPTION:
On February 4, 2015, the United States Securities and Exchange Commission filed a COMPLAINT wherein it alleges the defendants violated federal securities laws. On that same date, the Court entered an order on the STIPULATION AND TEMPORARY RESTRAINING ORDER AND ORDERS (1) FREEZING ASSETS; (2) PROHIBITING DESTRUCTION OF DOCUMENTS; (3) GRANTING EXPEDITED DISCOVERY; (4) REQUIRING ACCOUNTINGS; (5) APPOINTING A TEMPORARY RECEIVER, AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND APPOINTMENT OF A PERMANENT RECEIVER (“TRO”) [Dkt. No. 5].

Kristen A. Janulewicz, CPA of Thomas Seaman Company was appointed as Temporary Receiver on February 4, 2014, and her appointment became permanent when the court entered its PRELIMINARY INJUNCTION, APPOINTMENT OF A PERMANENT RECEIVER AND RELATED ORDERS [Dkt. No. 8] on February 12, 2015. On June 7, 2016, Thomas A. Seaman was substituted as Permanent Receiver when Judge Bashant entered her ORDER APPROVING JOINT STIPULATION TO SUBSTITUTE THOMAS A. SEAMAN AS PERMANENT RECEIVER [Dkt. No. 102].