August 28, 2024 – Receiver’s Discharge
All Defendants have entered into Stipulated Permanent Injunctions and the Receiver has fulfilled his duties under the Preliminary Injunction. On August 6, 2024, the Receiver filed his Final Report and Application for Discharge and Approval of Final Fee Application, which the Court granted on August 28, 2024. See the Documents section for a copy of the Final Report. The remaining funds in the receivership estate have been turned over to the FTC.
If the FTC implements a consumer redress program, the information will be available on the FTC’s website (https://www.ftc.gov/enforcement/cases-proceedings/refunds). The FTC’s webpage for this case can be found at: https://www.ftc.gov/legal-library/browse/cases-proceedings/2323061-apex-processing-center. If the FTC establishes a refund program, it will appear as a link on the right sidebar under Related Refunds.
February 27, 2024 – Stipulated Orders for Permanent Injunctions Entered
On February 16, 2024, the Court entered Stipulated Orders for Permanent Injunctions as to Robert Kissinger, Ivan Esquivel, Intercontinental Solutions LLC, and Express Enrollment LLC. See the Documents section of this webpage for a copy of the Orders.
The Orders direct the Receiver to wind up the receivership no later than February 2025, at which time he will file his final report, fee application, and request for discharge from the case. Upon discharge, any remaining funds in the receivership estate will be turned over to the FTC.
September 14, 2023 – Preliminary Injunction Entered Against All Defendants
On August 30, 2023, the Court issued a Stipulated Preliminary Injunction as to all Defendants. This Order continued the asset freeze and the appointment of a receiver. All business operations of Defendants have been terminated. See the Documents section of this webpage for a copy of the Stipulated Preliminary Injunction.
The Federal Trade Commission will continue its lawsuit against the Defendants. If the Federal Trade Commission prevails in the lawsuit, the matter of refunds for consumers will be an issue for the FTC and the Court to resolve, but this determination is a long way down the road.
We recently sent out a notice to consumers notifying them about the FTC lawsuit and the status of Defendants’ businesses. Once again, if you were a client of one of these companies, we urge you to immediately contact your student loan servicer regarding the status of your loan. A list of approved student loan servicers can be found on the U.S. Department of Education website at https://studentaid.gov/manage-loans/repayment/servicers. Additional information about repayment plans can be found at: https://studentaid.gov/manage-loans/repayment/plans.
August 23, 2023 – Notice of FTC Complaint and Temporary Restraining Order
On August 14, 2023, the Federal Trade Commission (“FTC”) filed a lawsuit against Express Enrollment LLC also d/b/a SLFD Processing (“SLFD Processing”) and Intercontinental Solutions LLC also d/b/a Apex Doc Processing LLC, also d/b/a Apex Doc Processing (“Apex Processing”). The individuals named in the lawsuit are Marco Manzi, a/k/a Marco Manzi Pumar, Ivan Esquivel, also known as Ivan Alexander, and Robert Kissinger.
SLFD Processing and Apex Processing are based in Orange County, California, and owned and managed by Manzi, Esquivel, and Kissinger as student loan debt relief operations.
The FTC Complaint alleges that “Defendants have operated an unlawful debt relief enterprise that preys on consumers with student loan debt. Defendants’ scheme has involved promising consumers lower payments, and, in many cases, loan forgiveness, severing consumers’ contact with their federal loan servicers, and pocketing the consumers’ monthly loan payments. Defendants have also represented that consumers must pay a fee for services that are available for free through the U.S. Department of Education (“ED”), including that consumers must pay a fee, or make purported loan payments, to obtain federal student loan forgiveness under the Biden-Harris Administration Student Debt Relief Plan.” A copy of the Complaint can be found on the Documents section of this webpage.
The Court entered a Temporary Restraining Order (“TRO”) on August 16, 2023, which prohibits any further unlawful conduct and appoints a Temporary Receiver to take possession and control of the businesses. The Temporary Receiver has suspended operations and is now conducting a review of the businesses. A copy of the TRO can be found in the Documents section of this webpage.
The Court will hold a hearing on August 29, 2023 to determine whether a Preliminary Injunction should be entered. A Preliminary Injunction would continue the restrictions in the TRO until there is a trial of the case.
If you entered an agreement with SLFD or Apex Processing (or were in contact with them) we urge you to immediately contact your student loan servicer to confirm the status of your loan and that no third party is authorized to represent you in connection with your student loan account. If you feel your federal student aid personal identification numbers (FSA PIN) has been compromised, we recommend that you change it. A list of approved student loan servicers can be found on the U.S. Department of Education website at: https://studentaid.gov/manage-loans/repayment/servicers.
At least until the date of the Preliminary Injunction hearing on August 29, 2023, it is likely these companies’ operations will remain suspended. We will post periodic updates to this website. If you have additional questions, please send them to info@regulatoryresolutions.com and reference the company involved.