Who among many victims will get Alex Murdaugh's money? A 'special referee' may decide
The attorneys who now control confessed fraudster and convicted murderer Alex Murdaugh's assets are now asking the state court to appoint a third attorney to serve as special referee to distribute Murdaugh's money among his many alleged victims.
As part of a 2019 wrongful death suit filed against Murdaugh and other parties, which was recently settled by one party but served to launch multiple related criminal and civil actions, South Carolina attorneys Peter M. McCoy Jr. and John T. Lay Jr. were appointed as co-receivers to ascertain and seize Murdaugh's assets in November 2021.
After serving the court for almost two years, the co-receivers have completed the balance of their task and on Aug. 3 filed a motion to enter a "scheduling order for the allocation of receivership funds in final resolution of eligible claims and judgements" and for the appointment of a "special referee to administer the claims process" against Murdaugh.
The motion seeks Judge Daniel Hall's approval to appoint S.C. attorney L. Walter Tollison III as special referee to oversee the process of handling the many claims against Murdaugh, who is currently facing a dozen state and federal lawsuits after an alleged decade-long, multi-million financial crime spree.
To date, after other agreements and legal fees have been paid, $1,755,242.50 remain in the receivership fund, which is paltry compared to the more than $8.5 million Murdaugh allegedly stole from multiple victims, and in the face of the ongoing wrongful death and personal injury lawsuits arising from a fatal 2019 boat crash involving his family, cases in which all other defendants have settled, but not Murdaugh.
Because the receivership funds are "likely to be insufficient to satisfy all claims and judgments," state the motion, mediation may be needed and the co-receivers also request that another attorney, Peter D. Protopapas, be appointed mediator for those matters if needed.
Do you have a claim against Murdaugh? Here's how to get paid
Any alleged victim of Murdaugh is advised to file a Proof of Claim, which may, but is not required to, include a valid judgment for damages, by Oct. 15.
In order to be eligible for any allocation of funds, the Proof of Claim must include "a statement of the nature of the claim, the date of the loss, any and all amounts received to date in satisfaction or partial satisfaction of the damages underlying the claim, the monetary value of any remaining claimed damage or judgment, and a sworn statement of the Claimant attesting to the Claim’s accuracy."
Submission of a Proof of Claim does not guarantee that a claimant will receive a distribution from the Murdaugh's Receivership Estate, the court filing points out.
The co-receivers will publish a notice to potential claimants notifying them of the deadline for filing their proof of claim in newspapers in Hampton and Richland County.
How will the process involving Murdaugh's money work?
The deadline for potential claimants and creditors to file their Proof of Claim1 is Oct. 15.
The accounting of the receivership estate is to be completed on or before Oct. 15.
Eligible claimants must file "all memoranda in support of claimed damages" on or before Nov. 1, with any opposition briefings to be filed by Nov. 15, and any replies to opposition filings to be filed on or before Nov. 30.
Any required mediation will be conducted on Dec. 7.
If necessary, any hearings that need to go before the special referee will be held on Dec. 15.
The special referee’s decisions will be issued by Jan. 15, 2024.
Deadlines may be extended by the courts for good cause.
Follow Michael DeWitt's reporting as The Hampton County Guardian/Greenville News and the USA Today Network continue to follow cases related to the Murdaugh crime saga. Follow DeWitt on Facebook and on Twitter at @mmdewittjr for the latest updates.
This article originally appeared on Augusta Chronicle: Who will get Alex Murdaugh's money? A 'special referee' may decide
