A federal court filing has unveiled a complex legal battle involving allegations of fraudulent financial transfers linked to a Ponzi scheme. Kenneth D. Murena, acting as the court-appointed Receiver for Drive Planning, LLC, filed a complaint on February 24, 2026, in the United States District Court for the Northern District of Georgia against Jon Clement and Trigger Time Gun and Pawn, LLC. The lawsuit seeks to recover approximately $1.4 million allegedly funneled from the fraudulent activities of Drive Planning.
The case traces back to a Ponzi scheme orchestrated by Russell Todd Burkhalter through Drive Planning, LLC between 2020 and 2024. This scheme reportedly amassed around $380 million from over 2,400 investors but resulted in net losses exceeding $220 million. Following an enforcement action by the U.S. Securities and Exchange Commission (SEC) in August 2024, Murena was appointed as Receiver to manage and recover assets tied to this fraudulent operation. His investigation revealed that substantial funds were transferred to Trigger Time Gun and Pawn, controlled by Jon Clement. These funds were allegedly used for purchasing firearms inventory and covering personal expenses without any legitimate business relationship or service exchange with Drive Planning.
Murena’s complaint accuses Clement and his business of actual and constructive fraudulent transfers under the Georgia Uniform Voidable Transactions Act (GUVTA) and claims unjust enrichment under Georgia common law. The Receiver argues that these transactions were executed with intent to defraud creditors, including investors who suffered significant financial harm due to the Ponzi scheme’s collapse. According to Murena, neither Clement nor Trigger Time provided any goods or services in return for these payments, which were misappropriated from investor funds.
The lawsuit aims not only to void these transactions but also seeks recovery of the transferred amount along with prejudgment interest. The Receiver is pursuing equitable relief to redistribute recovered assets among defrauded investors proportionately. This ancillary action underscores the ongoing efforts by authorities to trace illicit financial flows stemming from fraudulent schemes like those perpetrated by Drive Planning.
Representing Murena are attorneys Henry F. Sewell Jr., serving as local counsel in Atlanta, Georgia, and Adriana Pavon from Damian | Valori | Culmo in Miami, Florida as lead counsel. The case is presided over by Judge VMC under Case ID 1:26-cv-01084-VMC.
Source: 126cv01084_Kenneth_Murena_v_Jon_Clement_Complaint_Southern_District_of_New_York.pdf
