UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 94779 / April 22, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-20597

In the Matter of

Resolute Capital Partners LTD, LLC, 

Homebound Resources, LLC, 

Thomas J. Powell, and 

Stefan T. Toth,

Respondents.

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EXTENSION ORDER

The Division of Enforcement (“Division”) has requested an extension of time until 

November 28, 2022 to submit a Proposed Plan of Distribution under Rule 1101(a) of the 

Commission’s Rules on Fair Fund and Disgorgement Plans, 17 C.F.R. § 201.1101(a).

On September 24, 2021, the Commission issued an Order Instituting Administrative and 

Cease-and-Desist Proceedings, Pursuant to Section 8A of the Securities Act of 1933, Sections 

15(b) and 21C of the Securities Exchange Act of 1934, Section 9(b) of the Investment Company 

Act of 1940, and Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and 

Imposing Remedial Sanctions and a Cease-and-Desist Order (the “Order”)1against Resolute 

Capital Partners LTD, LLC (“RCP”), Homebound Resources, LLC (“Homebound”), Thomas J. 

Powell (“Powell”), and Stefan T. Toth (“Toth”) (collectively, the “Respondents”). In the Order, 

the Commission found that material misrepresentation and omissions were made in connection 

with unregistered oil and gas securities offerings by Powell and Toth, and two entities they 

 

1

 Securities Act Rel. No. 10987 (Sept. 24, 2021).
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respectively control, RCP and Homebound. Between 2016 and 2019, Respondents and 

salespeople acting on their behalf sold more than $250 million of debt and equity securities in 

unregistered offerings, based on working interests in oil and gas wells, to retail investors. 

Respondents provided insufficiently supported projections of future oil production, made 

statements about potential tax benefits that were unavailable to certain investors, overstated cash 

reserves, and made incomplete disclosures regarding potential uses of investor funds, including 

the amount of funds that would be used for payments to prior debt and equity investors. In total, 

the Commission ordered the Respondents to pay $600,000.00 in civil money penalties to the 

Commission. The Commission also created a Fair Fund, pursuant to Section 308(a) of the 

Sarbanes-Oxley Act of 2002, so the penalties paid can be distributed to harmed investors (the 

“Fair Fund”).

The Fair Fund consists of the $600,000.00 paid by the Respondents. The Fair Fund has 

been deposited in an interest-bearing account at the U.S. Department of the Treasury’s Bureau of 

the Fiscal Service, and any accrued interest will be for the benefit of the Fair Fund.

In its request for an extension of time, the Division states that additional time is needed to 

complete the fund administrator solicitation and appointment process, develop the distribution 

methodology, and prepare the proposed plan of distribution.
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Accordingly, for good cause shown, IT IS HEREBY ORDERED that the Division’s 

request for an extension of time until November 28, 2022 to submit a Proposed Plan of 

Distribution is granted. 

For the Commission, by the Division of Enforcement, pursuant to delegated authority.2

Vanessa A. Countryman

Secretary 

 

2

 17 C.F.R. § 200.30-4(a)(21)(i).