This website was last updated March 6, 2016, at 10:30 a.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!
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.
   
NEW!
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. 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]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].


 

Voicemail of Receiver:
(949) 222-0305