Frequently Asked Questions

Basic Information

1. What is the Notice and why should I read it?

The Court authorized the Notice to inform you about a proposed Settlement with Defendants. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

2. What is a class action lawsuit?

A class action is a lawsuit in which one or more plaintiffs—in this case, Compound Property Management, LLC, Leone 1, LLC, R & G Cincy Investments, LLC, Pyramid Investment Group, LLC, and Ratio Models, LLC—sue on behalf of a group of people or entities who may have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.

On February 21, 2023, the Court determined that this case could proceed as a class action. See Compound Prop. Mgmt. LLC v. Build Realty, Inc., 343 F.R.D. 378 (S.D. Ohio 2023). A copy of the Court’s decision certifying this case as a class action can be located on the court’s public docket or at BuildRealtyClassAction.com.

The Claims in the Lawsuit and the Settlement

3. What is this lawsuit about?

Plaintiffs alleged that Defendants violated the federal Racketeer Influenced and Corrupt Organizations Act (“RICO Act”) and breached fiduciary duties while engaged in a property-flipping business.

Defendants completely deny that they are or can be held liable for the claims made in the lawsuit. More information about the allegations in the lawsuit and Defendants’ responses can be found on the court’s public docket or on the Important Documents page.

4. Why is there a settlement?

The Court has not decided whether the Plaintiffs or Defendants should win this case. Instead, both sides agreed that this Settlement was preferable to avoid the uncertainty, risks, and expense of ongoing litigation, and Class Members will get compensation now rather than years later, if ever. Plaintiffs and Class Counsel believe the Settlement is in the best interests of the Class Members. The Settlement is not an admission of wrongdoing by Defendants.

Who is included in the Settlement

5. How do I know if I am in the Settlement Class?

The Class Members in this case include Plaintiffs and all other persons and entities in Ohio and Kentucky, individually and collectively, that invested in real property and were named as beneficiaries to a trust created through a real estate transaction engaged in by, through, or with any of the Defendants named herein during the Class Period. The Class Period is February 1, 2013, through May 24, 2019.

The following individuals and entities are excluded from the Class: Defendants and their past or present officers, employees, agents, directors, lawyers, and immediate family members; judicial officers and their immediate family members and associated Court staff assigned to this case; and any entities owned or controlled by an individual excluded from the Class.

If you have reviewed the notice and are still not sure whether you or your company are included as Class Members in this settlement, you can contact Class Counsel to ask questions by calling toll-free at (513) 943-6650 or by emailing info@BuildRealtyClassAction.com.

The Settlement Benefits

6. What does the Settlement provide?

The parties have agreed to settle this lawsuit for $1,300,000. Class Members who submit valid claims will receive cash payments estimated to be between $1,600 and $20,000. To receive this payment, you must submit a claim form following the instructions in FAQ 7. The exact amount of each cash payment will be calculated according to a formula on a pro rata basis and based upon the number of Valid Claims from the money remaining in the initial fund after the payment of settlement administration costs, attorneys’ fees, expenses, and any Class Representative Service Awards.

The formula incorporates a Claimant’s Purchase Price Markup (PPMU) – the mark-up from the buy-side to the sell-side transaction – as well as the Down Payment (DP) – an additional $10,000 per claimant. The formula for a Claimant’s share will be: (PPMU + DP) / (PPMU + DP for all claimants). If there is an instance where the PPMU for a Claimant is unknown, the PPMU used will be the mean PPMU of the Claimants for which the PPMU is known. All DP will be set at $10,000. Class Members will be eligible for one claim, based on their initial qualifying transaction within the Class Period.

How To Get Benefits

7. How do I make a claim?

To qualify for a cash payment, you must complete a Claim Form. An envelope with prepaid postage to return the Claim Form has been provided to Class Members for whom the parties have a valid mailing address and received the Notice. Alternatively, you may complete and submit a claim form online here. Your claim form must be postmarked or submitted no later than August 4, 2025.

You can also download a copy of the Claim Form here, or to request a paper Claim Form, contact the Settlement Administrator by email (info@BuildRealtyClassAction.com), or U.S. mail:

Compound Prop. Mgmt. LLC v. Build Realty, Inc.
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Claims will be subject to a verification process. You will need the Unique ID provided on the front of your postcard Notice (or the top of your email notice) to fill out a Claim Form, as well as your Social Security Number (or the Tax Identification Number of the company you are submitting a claim for). If you do not know your Unique ID, please contact the Settlement Administrator. Claims that do not provide all necessary information will likely be denied.

8. When will I get my payment?

The hearing to consider the fairness of the Settlement is scheduled for October 16, 2025, at 11:00 a.m. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Class Members via written check. All checks will expire and become void 180 days after they are issued.

The Lawyers Representing You

9. Do I have a lawyer in this case?

Yes, the Court has appointed lawyers to represent the Class and its members. These lawyers are called Class Counsel. Class Counsel includes W.B. Markovits and Dylan J. Gould of Markovits, Stock & DeMarco, LLC, 119 E. Court Street, Suite 530, Cincinnati, OH 45202 and Christopher P. Finney and Casey Jones of Finney Law Firm, LLC, 4270 Ivy Pointe Blvd., Suite 225, Cincinnati, OH 45245. You may contact Class Counsel at (513) 943-6650.

Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

10. How will the lawyers be paid?

Class Counsel will request an award of reasonable attorneys’ fees and expenses to be paid from the Settlement Fund. Defendants have agreed not to oppose: (i) any request for Administration and Notice Expenses of up to $13,000; (ii) Attorneys’ Fees of up to one third of the Common Fund as of the date when the Settlement Administrator is prepared to distribute funds, and an additional fee of any payments received by Defendants following that date; (iii) Expenses of up to $175,000; and (iv) a Service Award of up to $10,000 for each Plaintiff.

It is not a condition of the Settlement or this Agreement that the Court award any particular amount of Attorneys’ Fees and Expenses or any particular amount as a Service Award. The Court will ultimately determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service awards to the Class Representative. The Court may award less than the amounts requested.

11. Will the Plaintiffs receive additional compensation?

The Plaintiffs who filed this case (also known as the “Class Representatives”) will request additional service awards of up to $10,000 each to compensate them for the time and effort they have spent furthering the interests of the Class in this case. Defendants have agreed not to oppose this request, which must ultimately be reviewed and approved by the Court.

Your Rights and Options

12. What claims do I give up by participating in this Settlement?

If you do not exclude yourself from the Settlement, you will not be able to bring your own lawsuit against Defendants about the issues and facts relating to this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement here. However, you may exclude yourself from the Settlement. If you exclude yourself, you will not receive any money from this Settlement, but you also will not release any of the Released Claims.

“Released Claims” means any and all claims or causes of action of every kind and description, in all U.S. states and territories, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief … that have been or could have been asserted in the Lawsuit or in any other action or proceeding before any court, arbitrator(s), tribunal or administrative body (including but not limited to any state, local or federal regulatory body), regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, and regardless of whether they are known or unknown, brought or could have been brought, foreseen or unforeseen, suspected or unsuspected, or fixed or contingent, so long as they are arising out of, or related or connected to the claims in the Lawsuit.

Regardless of whether you submit a claim, the Settlement will not release any claims of Class Members that are unrelated to the allegations against the Defendants in the Complaint or that arise from conduct occurring after the execution of the Settlement Agreement. You can learn more about the Released Claims and Released Parties by reviewing the Settlement Agreement section X. The Settlement Agreement is available here, or in the public court records on file in this lawsuit.

13. What happens if I do nothing at all?

If you do nothing, you will receive no payment under the Settlement. You will be in the Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to its provisions. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.

14. What happens if I ask to be excluded?

If you opt out of the Settlement, you will not have any rights as a member of the Class under the Settlement terms; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in this lawsuit at your own expense.

15. How do I ask to be excluded?

To exclude yourself from the Settlement (also known as “opting out”), send an email to info@BuildRealtyClassAction.com or mail a letter to:

Compound Prop. Mgmt. LLC v. Build Realty, Inc.
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

The request must be received or postmarked by July 7, 2025, and (a) reference the case name (b) state your name and investor LLC name(s), (c) state your Class Identification number, and (d) state that you would like to opt out or exclude yourself from the Class.

You cannot exclude yourself by phone. Each Class Member who wants to be excluded from the Settlement must submit its own exclusion request in writing. No group opt-outs shall be permitted.

16. If I exclude myself, can I get anything from this Settlement?

No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

17. How do I object to the Settlement?

If you did not exclude yourself from the Class and think that the Court should not approve the Settlement, you can object to the Settlement and provide reasons why you think the Settlement should not be approved. Any objection must be filed with the Court no later than July 7, 2025.

To object, a Class Member must timely file with the Court a written objection and a notice of intent to appear at the Final Fairness Hearing, if the objector chooses to appear at the Final Fairness Hearing. The filing date of any written objection will be the exclusive means for determining the timeliness of an objection. Objections must contain the following information: (i) the full name, address, telephone number, and email address of the objector; (ii) the name of the limited liability company that is the Class Member, and proof that the person filing the objection has authority to represent that company; (iii) a written statement of all grounds for the objection accompanied by any legal support for such objection; (iv) copies of any papers, briefs, or other documents on which the objection is based; (v) a list of all cases in which the objector and/or objector’s counsel have filed or in any way participated in, financially or otherwise, any objection to a class action settlement in the preceding five years; (vi) the name, address, email address, and telephone number of all attorneys representing the objector; (vii) a statement indicating whether the objector and/or the objector’s counsel intends to appear at the Final Fairness Hearing and, if so, a list of all persons, if any, who will be called to testify in support of the objection; and, (viii) the objector’s signature.

18. What’s the difference between objecting and excluding myself from the settlement?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court’s Fairness Hearing

19. When and where will the court hold a hearing on the fairness of the Settlement?

The Court will hold the Final Approval Hearing on October 16, 2025, at 11:00 a.m. at the TBD. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payment to the Class Representatives.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on the Important Dates section, or through the Court’s publicly available docket. You should check to confirm the date and time have not been changed.

20. Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

21. May I speak at the hearing?

Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.

Getting More Information

22. Where can I get additional information?

This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement, which is available along with other related documents on the Important Documents page.

You may contact the Settlement Administrator by email at info@BuildRealtyClassAction.com, or writing to:

Compound Prop. Mgmt. LLC v. Build Realty, Inc.
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Please Do Not Call the Court, the Clerk of the Court, the Judge, or the Defendant with Questions about the Settlement or Claims Process.