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Welcome

Welcome to the website established by the Court appointed Receiver Kelly Crawford. Mr. Crawford was appointed the Receiver by the United States District Court for the Northern District of Texas, Dallas Division (the “Receivership Court”) in a lawsuit brought by the Commodity Futures Trading Commission and 30 States against Defendants TMTE, Inc., also known as Metals.com, Chase Metals, Inc., Chase Metals, LLC, Barrick Capital, Inc., Lucas Thomas Erb, also known as Lucas Asher, also known as Luke Asher, and Simon Batashvili, and Relief Defendant Tower Equity LLC in Case No. 3:20-CV-2910-L. The purpose of this website is to provide information regarding the receivership to the investors who lost money due to the actions of the Defendants and Relief Defendant.

Claim Confirmation Forms have been mailed by the Receiver to Investors.  If you are an investor and have not received a Claim Confirmation Form, please contact the Receiver.  The deadline for returning the Claim Confirmation Form was April 30, 2021, but the Receiver has requested the Court to extend the deadline until June 15, 2021.

Non-Metals Claim Forms have been mailed by the Receiver to non-metals investors.  If you are an investor in non-metals and have not received a Non-Metals Claim Form, please contact the Receiver.  The deadline for returning the Non-Metals Claim Form was April 30, 2021, but the Receiver has requested the Court to extend the deadline until June 15, 2021.

Proof of Creditor Claim Forms have been mailed by the Receiver to known creditors.  If you are a creditor of the Defendants or Relief Defendant and have not received a Proof of Creditor Claim Form, please contact the Receiver. The deadline for returning the Proof of Creditor Claim Form was April 30, 2021, but the Receiver has requested the Court to extend the deadline until June 15, 2021.

WARNING TO INVESTORS:  If you receive any email communications from metals.com or barrickcapital.com or from any of the defendants, please DISREGARD such communications because they are unauthorized and violate the Court orders that enjoin such communications.  If you receive any such communications, please advise the Receiver immediately.

The Receiver Kelly Crawford

Kelly Crawford is an attorney in Dallas, Texas.  He has served as the receiver or counsel to the receiver in more than 14 cases brought by the Commodity Futures Trading Commission, the Securities and Exchange Commission, or the Federal Trade Commission during the past 20 years.  He has been appointed the receiver by federal courts in each of the four districts of Texas, as well as by the federal court for the Southern District of New York.  He is a founder of the National Association of Federal Equity Receivers. 

The Receiver Kelly Crawford may be contacted by telephone at (214) 706-4213, or by email.  When contacting Mr. Crawford, if he is not available please leave a message and either Mr. Crawford or one of his attorneys will respond to your message. 

Timeline of Events

Important dates of the receivership

September 22, 2020

CFTC and 30 States file Complaint against Defendants and Relief Defendant

December 4, 2020

Hearing for Defendant Lucas Asher to show cause as to why he should not be held in contempt of court.

September 22, 2020

Court enters Order Plaintiffs’ Emergency Ex Parte Motion for Statutory Restraining Order, Appointment of Receiver, and Other Equitable Relief

December 15, 2020

Defendant Lucas Asher confesses to violating the Court’s Orders and the Court finds Defendant Asher in contempt of Court

September 24, 2020

Receiver takes possession and control of the principal office of the Defendants and Relief Defendants and begins inventory and seizure of assets.

December 18, 2020

Receiver mailed questionnaire to investors.

October 5, 2020

Court extends Statutory Restraining Order and postpones preliminary injunction hearing until October 27, 2020

January 5, 2021

Download Notice of Intended Sale below

October 14, 2020

Court enters Consent Orders granting injunction and continuing receivership. 

February 12, 2021

Download Notice of Sale of Automobiles below

November 5, 2020

Plaintiffs and Receiver take asset deposition of Defendant Simon Batashvili

March 2, 2021

Court enters Order establishing claims process for the receivership.  Pursuant to this Order, by April 1, 2021 the Receiver will mail to all investors who are entered in the Receiver’s database a Confirmation form that includes the information the Receiver has in his database regarding the investment made by the Investor. 

Each Investor will need to confirm the information is correct, sign the Confirmation, and mail it back to the Receiver by no later than June 15, 2021.   For more details regarding the Claims Process see the “Claims Process FAQ’s

The Receiver is doing his best to recover assets from the Receivership Defendants, but please be advised there may not be sufficient funds or assets recovered to repay the victims. 

November 6, 2020

Plaintiff and Receiver take asset deposition of Defendant Lucas Asher

April 1, 2021

Receiver sent out Claim Confirmation Forms, Non-Metal Claim Forms, and Proof of Creditor Claim Forms

November 10, 2020

Receiver files his Initial Report

June 15, 2021

The deadline for returning the Claim Confirmation Form was April 30, 2021, but the Receiver has requested the Court to extend the deadline until June 15, 2021.

You may obtain a Claim Confirmation Form by contacting the Receiver.

Frequently Asked Questions