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UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-81205-RAR 

SECURITIES AND EXCHANGE

COMMISSION,

Plaintiff,

v. 

COMPLETE BUSINESS SOLUTIONS 

GROUP, INC. d/b/a PAR FUNDING, et al.,

Defendants.

 / 

RECEIVER’S STATUS REPORT REGARDING WHETHER 

LITIGATION STAY SHOULD REMAIN IN PLACE FOR RECEIVER’S 

CLAIMS AGAINST ECKERT SEAMANS AND/OR JOHN PAUCIULO

1. On September 8, 2022, the Court entered an Order (ECF No. 1398) lifting the 

Litigation Stay in any case against Eckert Seamans and/or John W. Pauciulo in which a 

Receivership Entity is not a party, including but not limited to, the following lawsuits: 

• Melchior v. Vagnozzi, et al., No. 20-5562 (E.D. Pa. 2020); 

• Montgomery, et al. v. Eckert Seamans Cherin & Mellott, LLC, et al., 

No. 1:20-cv-23750 (S.D. Fla. 2020); 

• Parker, et al. v. Pauciulo, et al., No. 20-00892 (Phila. Ct. Com. Pl. 2020); 

• Dean Vagnozzi v. Pauciulo, et al., No. 210402115 (Phila Ct. Com. Pl. 2021); 

• Albert Vagnozzi, et al. v. Pauciulo, et al., No. 210502334 (Phila Ct. Com. Pl. 2021); 

and

• Legacy Advisory Group, Inc., et al. v. Pauciulo, et al., No. 211001003 

(Phila Ct. Com. Pl. 2021). 

2. The Court maintained the Litigation Stay in one additional pending action, Caputo, 

et al. v. Vagnozzi, et al., No. 1:20-cv-01042 (D. Del. 2020) (“Caputo Case”), which includes claims 

Case 9:20-cv-81205-RAR Document 1496 Entered on FLSD Docket 01/20/2023 Page 1 of 4
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against Dean Vagnozzi, Eckert Seamans and John W. Pauciulo, as well as claims against several 

Receivership Entities, including ABetterFinancialPlan.com, LLC, ABFP Management Company, 

LLC, ABFP Income Fund LLC, ABFP Income Fund 2, L.P., ABFP Income Fund 3, LLC, ABFP 

Income Fund 4, LLC, ABFP Income Fund 6, LLC, ABFP Income Fund Parallel LLC, ABFP 

Income Fund 2 Parallel, L.P., ABFP Income Fund 3 Parallel, LLC, ABFP Income Fund 4 Parallel, 

LLC, and ABFP Income Fund 6 Parallel, LLC. 

3. The Court further ordered that the litigation stay remain in place for any action or 

claims between any Receivership Entity and Eckert Seamans and/or John W. Pauciulo, through 

and including at least sixty (60) days following entry of the Court’s Order(s) on the disgorgement 

and penalties to be assessed against the Defendants in this case. The Court further ordered that 

upon the conclusion of this 60-day period, the Receiver shall either (a) file a Status Report 

indicating that he has resolved the Receivership Estate’s claims against Eckert Seamans and/or 

John W. Pauciulo, or (b) file a motion to lift the Litigation Stay to pursue claims against Eckert 

Seamans and/or John W. Pauciulo.

4. The sixty (60) day period referenced in Paragraph 3 above expires on January 20, 

2023, based upon the Court’s entry of Amended Judgments against certain Defendants on 

November 22, 2022. 

5. The Receiver has been engaged in settlement negotiations with Eckert Seamans. 

At this time, the Receiver believes it is in the best interest of the Receivership Estate to permit the 

Receiver to continue these negotiations without the necessity of filing and pursuing expensive and 

time-consuming litigation.

WHEREFORE, the Receiver respectfully requests that this Court enter an Order allowing 

the Receiver within 60 days to either: (a) file a Status Report indicating that he has resolved the 

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Receivership Entities’ claims against Eckert Seamans and/or John Pauciulo, or advising the Court 

on the status of these negotiations; or (b) file a Motion to Lift the Litigation Stay to pursue claims 

against Eckert Seamans Cherin & Mellott, LLC and/or John W. Pauciulo. 

Dated: January 20, 2023 Respectfully Submitted,

STUMPHAUZER KOLAYA

NADLER & SLOMAN, PLLC

Two South Biscayne Blvd., Suite 1600 

Miami, FL 33131 

Telephone: (305) 614-1400 

By: /s/ Timothy A. Kolaya 

TIMOTHY A. KOLAYA

Florida Bar No. 056140 

tkolaya@sknlaw.com 

 Co-Counsel for Receiver

PIETRAGALLO GORDON ALFANO 

BOSICK & RASPANTI, LLP

1818 Market Street, Suite 3402 

Philadelphia, PA 19103 

Telephone: (215) 320-6200 

By: /s/ Gaetan J. Alfano 

GAETAN J. ALFANO

Pennsylvania Bar No. 32971 

(Admitted Pro Hac Vice) 

GJA@Pietragallo.com 

DOUGLAS K. ROSENBLUM

Pennsylvania Bar No. 90989 

(Admitted Pro Hac Vice) 

DKR@Pietragallo.com

Co-Counsel for Receiver

 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on January 20, 2023, I electronically filed the foregoing 

document with the clerk of the Court using CM/ECF. I also certify that the foregoing document is 

being served this day on counsel of record via transmission of Notices of Electronic Filing 

generated by CM/ECF. 

/s/ Timothy A. Kolaya 

TIMOTHY A. KOLAYA

Case 9:20-cv-81205-RAR Document 1496 Entered on FLSD Docket 01/20/2023 Page 4 of 4