Case file

The Record: Yellowstone Capital

Sources and evidence boundaries for Unchecked's examination of financing promises, collection practices and settlement relief.
Record details
  • Record ID: UN-YEL-001
  • Revision: Expanded September 18, 2026
  • Scope: Selected public documents. This record is not a complete docket, a merchant-account audit or an independent audit of either refund administrator.
  • Federal proceeding: FTC v. Yellowstone Capital LLC et al., Southern District of New York, 1:20-cv-06023.
  • State proceeding: People of the State of New York v. Yellowstone Capital LLC et al., Supreme Court, New York County, index 450750/2024.

The Cookies illustration

The March decision's footnote 6 assumes a 15% starting share for a $208 daily payment. That implies daily receipts of approximately $1,387. The payment reaches 49% at approximately $424 in receipts, a decline of about 69%. This is an illustration in the court's analysis of pleaded allegations. It is not an independent audit of the restaurant's actual daily bank deposits. See YEL-05, printed pages 13 and 14.

Chronology
  1. Federal complaint filed; Chopra issues separate statement | YEL-06; YEL-09

  2. FTC announces proposed stipulated settlement | YEL-07

  3. Alleged asset transfer and continuation of business discussed in the later successor-liability ruling | YEL-05, printed pages 27 and 28

  4. Merchant affidavits filed in the New York proceeding | YEL-10; YEL-11

  5. New York consent orders entered | YEL-01; YEL-02

  6. New York publicly announces settlement | YEL-03

  7. Remaining respondents' dismissal motions denied | YEL-05

  8. FTC announces third refund distribution | YEL-08

Source index
IDSourceRole and limit
YEL-01New York companies' consent orderBinding negotiated obligations, debt cancellation, judgment accounting, court and lien procedures, industry restrictions. No admission of liability or wrongdoing.
YEL-02New York officers' consent orderCash obligation, restrictions and cooperation; Stern's conditional enforcement exposure. Conditional amounts are not money established as collected.
YEL-03January 22, 2025 announcementContemporaneous agency statement, including cash receipt. Separate from a distribution ledger.
YEL-04New York FAQ, updated April 16, 2026Agency-reported implementation and linked county orders. Individual accounts and county files have not been audited.
YEL-05March 4, 2026 decision, document 712Dismissal denied and remaining respondents directed to answer. Nonfinal ruling. Printed page numbers exclude the PDF's extra cover page.
YEL-06FTC complaint, August 3, 2020Alleged marketing misrepresentations, fees and excess withdrawals, including customer and internal exchanges. Allegations in a subsequently settled case.
YEL-07FTC settlement announcement, April 2021Agency account of monetary and conduct terms. The linked order itself was not successfully retrieved for independent inspection.
YEL-08FTC refund update, June 2026Agency's account of three refund rounds. Federal program must be distinguished from the New York settlement.
YEL-09Commissioner Chopra's August 3, 2020 statementContemporaneous concerns and proposed enforcement priorities. A commissioner's statement, not a judicial finding.
YEL-10Bush affidavit, NYSCEF document 32, exhibit 28Sworn merchant account. Selected paragraphs inspected; corresponding transaction exhibits were not independently audited.
YEL-11Israel affidavit, NYSCEF document 34, exhibit 30Sworn merchant account. Selected paragraphs inspected; payment totals and supporting bank statements not independently audited.
YEL-12Reuters, January 22, 2025Narrowly used for Yellowstone counsel's contemporaneous response. No new response to Unchecked was obtained.

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Key calculation
FigureWhat it representsSource
$9,837,000Federal settlement surrender requirementYEL-07
$534,552,724Canceled debt credited in the original New York judgment calculationYEL-01, paragraphs 8 and 21
$16,100,000Combined New York company and officer cash componentYEL-01, paragraph 18; YEL-02, paragraph 8
$514,347,276Unsatisfied New York judgment balance stated after the original creditsYEL-01, paragraph 22
$1,065,000,000Total New York companies' judgmentYEL-01, paragraph 19
$30,000,000, less specified prior cash paymentsConditional judgment against Stern under the officers' enforcement provisionYEL-02, paragraph 9

The three New York judgment components reconcile exactly. The federal payment obligation and Stern's conditional exposure must not be added to that calculation as though they were additional distributions under the same program. Current collection balances require later records.

Linked reporting
Open questions under investigation

The full New York docket after March 4, 2026; the current unsatisfied judgment balance; final distribution accounting; individual merchant recoveries; complete judgment and lien compliance; and any later enforcement of the restrictions.

The official docket's opening list was accessible during this review, but later pagination did not yield a complete reliable document history. No inference about the absence of later rulings should be drawn from that access limitation. Official case docket