Cuthill will ask Bankruptcy Court Judge Arthur B. Briskman to approve a $189,000 settlement with the Zylka family while Zylka remains in a New York jail awaiting sentence for his part in allegedly stealing $27.7 million of the missing $214 million Evergreen took in from 2,203 global investors who thought they were putting their money into U.S. government mortgage-backed securities.

Zylka and his gang of lawyers, accountants and brokers are accused of pulling off the second largest scam in Florida history, next only to the 1985 ESM Government Securities Fund fraud that stole $315 million from institutions and government entities, according to Bankruptcy Court records.

Seventy-six brokers and 15 companies are being sued by Cuthill who at one time projected he would recover a total $25 million of the missing money. That figure has been lowered to about $2 million because most of the cash has been spent by the accused, real estate lawyers following the case tell GlobeSt.com on condition of anonymity. Cuthill represents the investors.