Atlantic Wave Holdings, LLC & Secure Community, LLC
Prior Lien Holders · Texas Receivership Actors · Pre-Award Creditors
Atlantic Wave Holdings, LLC and Secure Community, LLC are paired creditors in the Cyberlux litigation record. Their settlement agreement with Cyberlux, executed in June 2023, predates the HII subcontract award by more than two months. Cyberlux's breach of that agreement — and the subsequent enforcement action — produced the Texas receivership that connected to the Virginia interpleader.
What this profile says up front
The pre-award creditors whose enforcement forced the system into the open
Atlantic Wave Holdings, LLC and Secure Community, LLC are paired creditors in the Cyberlux litigation record. Their settlement agreement with Cyberlux, executed in June 2023, predates the HII subcontract award by more than two months. Cyberlux's breach of that agreement — and the subsequent enforcement action — produced the Texas receivership that connected to the Virginia interpleader.
Atlantic Wave and Secure Community are not, in the conventional sense, the most colorful actors in this record. What makes them structurally significant is the timing: their creditor relationship with Cyberlux was established before the HII contract, before the advance, and before the disbursement pattern. They are the baseline against which the subsequent events are measured.
The findings below are drawn from the AWH v. Cyberlux court record, the Texas receivership filings, and the interpleader record.
The numbers that frame the profile
What the record establishes
The June 2023 settlement agreement and its breach
Atlantic Wave Holdings and Secure Community executed a settlement agreement with Cyberlux Corporation and Mark Schmidt in June 2023 — more than two months before the HII subcontract was awarded. The settlement resolved prior disputes and established payment obligations. Cyberlux breached those obligations. The breach triggered the enforcement proceedings that ultimately produced the Texas receivership.
The enforcement action and the Texas receivership
Following Cyberlux's breach of the settlement agreement, Atlantic Wave and Secure Community pursued enforcement through the courts. The enforcement action, pursued through both California and Texas proceedings, resulted in the Texas court appointing Robert W. Berleth as receiver over Cyberlux. The receivership order was signed May 22, 2025. The receiver's subsequent filings became a primary source of documented information about Cyberlux's full liability picture.
Prior lien position in the interpleader
Atlantic Wave and Secure Community hold prior lien positions in the E.D. Va. interpleader proceedings, competing for priority against the commission-stack claimants, the Legalist security interest, and the other judgment creditors. Their pre-award creditor position — established before the HII contract, the advance payment, and the commission arrangements — is the basis for their priority claim.
The pre-award creditor disclosure question
The Atlantic Wave settlement agreement was in place when HII awarded the $78.857M subcontract to Cyberlux in August 2023. Whether HII was aware of Cyberlux's pre-existing creditor obligations — and the associated lien — at the time of the award and the advance payment authorization does not appear in any public filing. The question is relevant to HII's due diligence posture and to the priority contest in the interpleader.