High Times certainly hasn’t had an easy time of it lately, so it’s probably no surprise that disgruntled investors of High Times have now lined up to air their grievances. The cohort, led by Mark C. Donius and Jill L. Donius, filed a class action lawsuit against High Times Holding Corp. at the end of June in the District of Delaware.
According to the court complaint, the Doniuses attempted to invest $5,500 in 2021 by sending a check to Prime Trust, the company that was supposedly the escrow agent for the stock. The couple said they received confirmation of the investment, and the check was cashed. The shares were supposed to go from Prime Trust to Equiniti Trust Company, which was supposed to set up and manage the investors’ account. What followed, however, was radio silence.
A year and a half after investing, the Doniuses spoke to a High Times investor representative, who told them, “We are presently updating our transfer agent’s list of registered investors and all investors’ shares will be included when the update is complete.”
The Doniuses then received an email in March 2023 telling them that their investment had been canceled and their money would be refunded. Requests for information on why the purchase was canceled and when the refund would be received were ignored.
High Times’ then-Chief Financial Officer Christopher Chabot placed the blame on Prime Trust, telling the couple, “I know they are working diligently with the company on securing the information in regards to the refunds. These are not funds that we have any control over and it was sitting in escrow with Prime Trust, so our team is working with them to get the updates and information.”
The lawsuit, however, blames High Times for not giving proper instructions to Prime Trust.
Prime Trust
A key problem, according to the investor’s complaint, is that Prime Trust was not a traditional choice for an escrow agent. While it was a licensed trust company, its “primary focus was that of being a custodian for digital assets, or cryptocurrency.”
On June 21, 2023, the State of Nevada Department of Business and Industry Financial Institutions Division sent Prime Trust a cease-and-desist order, in which the FID alleged that Prime Trust “materially and willfully breached its fiduciary duties to its customers by failing to safeguard assets under its custody and is unable to meet all customer disbursement requests.”
Prime Trust filed for bankruptcy shortly after the desist order was issued. According to the lawsuit, Prime Trust state in its bankruptcy documents, “There is no indication or accounting of any investor funds from the High Times offering held in escrow.”
V Stock
The lawsuit also referenced another investor who contacted former CEO and Chairman Adam Levin after buying 200 shares for $2,200 in May 2020. He was told his shares would be processed by a company called V Stock Transfer.
After years attempting to reach someone at the company, the investor still has no information regarding his investment from either High Times or V Stock and accuses the company of acting in bad faith.
Green Market Report reached out to V Stock Transfer to verify if the company had any arrangement with High Times, but has not received an answer as of yet.
Investors want relief
The lawsuit claims that there are at least 40 people in the class action, but the true number would be determined through the company’s records. They are asking for monetary relief.
Attorneys for the lawsuit, Nicholas A. Migliaccio and Jason S. Rathod, can be reached at nmigliaccio@classlawdc.com and jrathod@classlawdc.com.
Get in line
The investors may have a hard time collecting any money from High Times. The company has been in receivership and is no longer publishing any news.
The High Times Cannabis Cup seems to be operating still, with a Hemp Cup currently in the judging phase and a Southern California event set to announce winners on Aug. 11. It isn’t clear, though, who is running the event. No one answered at the phone number listed on the website when Green Market Report attempted to call.
High Times‘ receivership case also has stalled. The company’s main lender, ExWorks, hired Stephen Kunkle as its receiver to try to get back some of the millions it lent the publisher. Kunkle, in turn, hired Kevin Singer to determine all the assets of High Times. However after just a couple months of work, during which Singer noted the company’s books were a mess, his contract was terminated.
Kunkle has not updated the court docket since June.
In September 2023, the Securities and Exchange Commission settled a complaint against High Times and Chairman Adam Levin for hiring a stock promoter without informing investors, selling High Times stock when it was no longer eligible to be sold, and falsely representing the share price to investors. The SEC fined the company $558,071.
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