EminiFX, Inc. Receivership

EminiFX, Inc. Receivership

Case Number: 22-03822 (VEC)

Southern District of New York

DISTRIBUTION PLAN

What is the Distribution Plan?

In August 2024, the Receiver filed a distribution plan and the Court approved it in January 2025. The court-approved distribution plan can be found HERE.

Key Points of the Plan:

  • How Claims Are Calculated
    • ✅ Only Verified or Resolved Transactions count
    • ❌ ROI, Bonuses, and Internal Transfers do NOT count
  • How Payments Are Calculated
    • Using the "Rising Tide" method
    • See “Understanding the Rising Tide Payment Method” Section HERE
  • Distribution Method and Eligibility

Important Timeline:

DATE

EVENT

August 9, 2024

  • The Receiver filed the Plan, including a brief in support HERE (English Version)

August 26, 2024

  • The deadline for users to submit feedback to the plan via the User Portal. 

September 10, 2024

  • User responses anonymized by the Receiver and filed with the Court HERE.
  • Alexandre filed a response with the Court HERE.

September 27, 2024

  • CFTC filed a reply brief with the Court HERE.
  • Receiver filed a reply brief with the Court HERE.

January 21, 2025

  • The Court approved the Receiver’s distribution plan in a decision HERE

January 23, 2025

  • The Receiver announced a $100 million distribution HERE
  • Class 3 Rising Tide Percentage:  45%
  • Class 3A Rising Tide Percentage:  55%

 

Payment Status

  • Initial Distribution Payments Made to:
    • Users eligible to receive a distribution; and
    • who provided valid payment information
  • Initial Distributions Made in Waves as Claims Allowed and Payment Information Provided:
    • First Wave (February 2025)
    • Second Wave (March 2025)
    • Third Wave (May 2025)
    • Fourth Wave (June 2025)
    • Fifth Wave (September  2025)
    • Final Wave of Initial Distributions (end of 2025)

Important: We Need Your Payment Information by October 31, 2025!

  • Money has been set aside for ALL initial distributions
  • You MUST provide your payment information to receive your money now
  • Log into your User Portal today to submit your information
  • If you do not provide payment information, the Receiver will attempt to send a paper check to your last known U.S. mailing address.

📺 WATCH OUR EXPLANATION VIDEOS

Latest Town Hall Meeting

Watch our October 2025 town hall meeting where we explain status of distributions and next steps:

Previous Town Hall Meetings

Watch our January 2025 town hall meeting where we explain the Initial Distribution:
View January 2025 Town Hall Video

Watch our earlier town hall from August 2024 where we first discussed the Distribution Plan:

These videos answer many common questions about how payments work and what to expect.

📝 TAX INFORMATION

No 1099 Forms Will Be Sent

The Receiver will NOT send Form 1099 to EminiFX users who received funds from EminiFX, due to the nature of the EminiFX operation.

Tax Advice

The Receiver cannot provide any personal tax advice. Please consult your own tax advisor about how to handle these payments on your tax return.

🔚 THE CLAIMS PROCESS IS COMPLETE

  • All deposits are fixed
  • All withdrawals are fixed
  • You cannot add transactions to the User Portal
  • You can no longer dispute transactions
  • Your User Portal has your specific claim information


👤HOW WRE USER CLAIMS DETERMINED

Your EminiFX claim amount is based on:

  • ✅ Verified and Accepted deposits shown in your User Portal
  • ✅ Verified and Accepted withdrawals shown in your User Portal

These transactions represent real money that went into and out of EminiFX.

What Does NOT Count in Your Claim

The following do NOT count in your claim amount:

  • ❌ ROI (Return on Investment)
  • ❌ Referral bonuses
  • ❌ Other bonuses
  • ❌ Internal transfers between users

These items did not involve actual money going into EminiFX, so they are NOT part of your claim.

UNDERSTANDING THE "RISING TIDE" PAYMENT METHOD

What is "Rising Tide"?

The Distribution Plan uses a "Rising Tide" formula to calculate how much money each user gets. This method aims to make payments fair for everyone and was approved by the Court.

How It Works
The Basic Formula:

Your Payment = (Your Total Deposits × Rising Tide %) – (Your Withdrawals + Any Previous Payments)

Current Rising Tide Percentages:

  • Class 3 users (over $1,000): 45% (may receive more payments later)
  • Class 3A users ($1,000 or less): 55% (will only receive this one payment)

The Goal of Rising Tide

The Rising Tide method tries to make the total money received (withdrawals + payments) as fair as possible for users who deposited the same amount.

 

Sample User

Receiver Distribution 1 45% Rising Tide

Receiver Distribution 2 55% Rising Tide

Sum of Receiver Distributions

Sum of Withdrawals and Receiver Distributions

User A

Deposits $10,000

Withdrawals $0

$4,500

$1,000

$5,500

$5,500

User B

Deposits $10,000

Withdrawals $2,000

$2,500

$1,000

$3,500

$5,500

User C

Deposits $10,000

Withdrawals $5,000

$0

$500

$500

$5,500

User D

Deposits $10,000

Withdrawals $8,000

$0

$0

$0

$8,000

For users with eligible claims, you can log onto your Portal here to see the amount of your distribution. 

PAYMENT TIMING & ELIGIBILITY

Payment Schedule for Initial Distribution
  • February 28, 2025: First wave of payments began
  • March 31, 2025: Second wave of payments began
  • May 21, 2025: Third wave of payments began
  • June 26, 2025: Fourth wave of payments began
  • September 18, 2025: Fifth wave of payments began
  • End of 2025: Final wave of payments will be completed
  • Canadian Users: Payments through Interac may take longer

✅ Are You Eligible for Payment?

You can receive a payment if ALL of these are true:

  • You have provided valid payment information
  • Your withdrawals divided by deposits are LESS THAN the Rising Tide Percentage

🔍 Why Haven't You Received Your Payment?

If you haven't received your payment yet, check these possible reasons:

  1. Missing Payment Information
    • This is the most common reason
    • Log into your User Portal to provide your payment details
    • Last day to provide payment information for the Initial Distribution is October 31, 2025
  2. Is Your Claim Eligible for Distribution?
    • You must have verified deposits
    • Your withdrawals, divided by deposits must be less than the Rising Tide Percentage

📱 Check Your Status

  • Log into your User Portal to:
    • See if you're eligible for payment
    • Check your payment amount
    • Submit your payment information

❓ Questions?

  • Email: EMINIFX@STRETTO.COM
  • Our team will respond as quickly as possible
  • NOTE: We only respond to emails and calls sent to Stretto

🛑 OTHER ISSUES WITH CLAIMS

Liens on Claims

Sometimes a third party may place a legal lien (claim) on your payment.

  • A lien form is available HERE
  • There is a $250 processing fee to submit a lien
  • Additional charges apply to any payment with a lien
  • If someone places a lien on your claim, you will be notified and can respond
  • Liens cannot affect payments that have already been sent to you
Deceased Claimants

If a claimant has passed away:

  • A form is available HERE to transfer the claim to the person's estate
  • Family members will need to provide documentation
  • Our team will work with family representatives to help with this process

Legal Compliance

We must follow all laws when sending payments:

  • This includes regulations from the Office of Foreign Assets Control (OFAC)
  • Our team will work with affected claimants when possible