After making reliable monthly payments for more than a decade, the ATM investment funds owned by Daryl Heller didn’t make a payment in April. Over the next four months, Heller sent a flurry of emails to investors in which he repeatedly pushed back promises of payment while offering a variety of explanations. Investor frustration prompted an Aug. 23 lawsuit that has resulted in a court-imposed deadline of Oct. 1 for Heller to make a new settlement offer.
April 29
The day before monthly payments were due, Heller sent an email announcing a change to quarterly payments, with the next payment on June 30.
“While it signals a departure from past process, we believe it is the best path forward given current marketplace realities,” he wrote.
June 25
Heller email announcing quarterly payment date of July 10: “We realize that changes to these schedules can present challenges for some and are grateful for your continued patience.”
July 10
Heller email: “We are still waiting on funding and being told to expect it later today/overnight or in the morning.”
July 12
Heller email: “It has been much more challenging completing and structuring our funding and collateral accounts and getting approvals than anticipated, however upon being put in place our quarterly cadence will be on clock work.”
July 15
2:46 p.m. Heller email: “We are working feverishly on release and will update later today.”
5:23 p.m. Heller email: “We are working diligently to complete the quarterly funding for all investors and will provide update by 11:30 a.m. tomorrow.”
July 16
4:30 p.m. email from Heller: “Apologies for the delayed response and for the continued nature of this issue. It is our intent to rectify as quickly as possible. … Regarding this distribution date, our expectation is to make this payment on Monday, 7/22. … both collateral packages and buyout options will be presented this week.“
July 22
Email from Heller: “The payment date has been moved one week so we are putting the final payment date of July 31 to be conservative and have increased confidence based on what has been shared with us. We simply cannot and will not allow another date reset to occur.”
Terms also presented for buyout of investors.
July 26
Email from Heller: “As noted in our prior email, we are working through the details of a proposed buyout with the ATM management company for anyone desiring to exit the investment.”
July 31
Email from Heller: “Regretfully, we need four more business days (Aug. 6) to end this saga as we don’t have the entire restructure deal in place for payment today. Seemingly, these deals always take longer than one anticipates. We fully recognize this is unacceptable.”
Aug. 6
Email from Heller: “Unfortunately, we hit hurdles late last week with our debt/equity partners due to the influx of default letters, legal notices, threats of lawsuits, etc. coming from investors.
“The management company will not be making the Q2 payment but will instead be offering a complete buyout to get everyone’s capital investment back.
“In my life, I endeavor to never let anyone down. I know that is occurring here, and I assure you that I am doing my absolute best to bring this to finality with a positive outcome.”
Aug. 23
Lawsuit filed in Lancaster County Court of Common Pleas on behalf of 2,700 investors seeking $65 million in payments and emergency control of the ATM network.
Aug. 27
Court denies investors’ request for emergency request for control of ATM network.
Sept. 24
Parties agree to pause lawsuit and pursue settlement on court-ordered schedule.
Oct. 1
Webinar to be led by Heller to present settlement proposal to investors.
Oct. 7
Vote by investors on Heller settlement proposal.
Oct. 21
Deadline for first payments to investors, pending investor approval of settlement.
Nov. 20
Deadline for satisfaction of all payment obligations, pending investor approval of settlement.