Receiver spokesperson: Divinity eviction notice serves, Monroe's sold, Wintergarden in negotiations
Thursday, a lawyer representing the court-appointed receiver in the check-kiting case against Katherine Mott — which was filed in March 2024 — said that Divinity Estate & Chapel has been served an eviction notice, telling the company to vacate, dated January 29.
It is unclear if the business has vacated as of Thursday. News 8 has reached out to Mott and has not heard back yet. The website listed on the venue's Facebook page is no longer working.
Lawsuit accuses Rochester restauranteur Katherine Mott of $18.9M check-kiting scheme
The spokesperson for the receiver also tells News 8 that Monroe's has been sold, and The Wintergarden is currently in negotiations. A more detailed filing that is expected in the coming weeks.
In March 2024, the prominent local business owner has been accused of stealing nearly $20 million in a check-kiting scheme.
The lawsuit alleged that since February 2024, Mott began 'kiting' checks: using multiple accounts at First Star Bank and others, to artificially inflate the balance of those banks accounts.
Katherine Mott-Formicola pleads guilty to check-kiting scheme
In December of 2024, Mott pleaded guilty to financial institution fraud and money laundering.
The charges come with a maximum penalty of 30 years in prison and a fine of $1 million, but the as part of the plea agreement, the defense and prosecution are recommending a sentencing range of 78 to 97 months, with a fine of $25,000 to $250,000. Mott can argue for an even lower sentence before a judge, who still has the ultimate authority.
Following the initial lawsuit, the courts appointed a receiver to balance Mott's books, to recover as much of the missing money as possible, and to make sure the businesses continued to run as long as possible.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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David Orta, a lawyer for the resort, said his client 'rejects all claims' and said they plan to 'defend against them and otherwise take appropriate legal action to enforce the Palace Company's rights.' 'The Akeos and the Palace Company fully resolved their disputes earlier this year,' the lawyer said, apparantly referring to the papers they signed in Cancun. 'Mr. and Mrs. Akeo have unfortunately proceeded with additional litigation against the Palace Company and affiliated entities and individuals in violation of the parties' resolution of their disputes.'
