Securities Fraud

US Supreme Court Restricts SEC’s Ability to Recover Monies Made from Illegal Conduct

Published on: June 10, 2017 | by Shepherd Smith Edwards & Kantas, LLP

In Kokesh v. SEC, the US Supreme Court has restricted the US Securities and Exchange Commission’s ability to pursue disgorgement after five years have passed since the fraud alleged led to illegal profits. In a unanimous decision, the nation’s highest court said that that the five-year statute of limitations must be followed.

The securities fraud lawsuit was brought by Charles Kokesh, who was convicted for misappropriating funds from four investment companies that he controlled and using the money to support his expensive lifestyle. In 2015, a judge ordered Kokesh to pay a $2.4M civil penalty.

Additionally, because the SEC considered disgorgement to have no statute of limitations, the judge also ordered the businessman to pay $35M. This is how much he was calculated to have illegally made starting from when he began engaging in his illegal conduct, from 1995 to 2009.
Continue Reading ›

Two Former State Street Executives to Plead Guilty in Institutional Investor Fraud Involving Billions of Dollars of Trades

Published on: June 8, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Two of the three ex-State Street Corp.(STT) executives whom US prosecutors have charged with bilking six clients via secret commissions on billions of dollars of trades have agreed to plead guilty. Edward Penning, a former State Street Sr. managing director, and Richard Boomgaardt, the former head of the transition management desk for Africa, Europe, and the Middle East, will plead guilty to securities fraud and conspiring to commit wire fraud. Ex-State Street EVP Ross McLellan, who has pleaded not guilty to the criminal charges against him, is scheduled to go on trial later this year.

State Street is a custody bank based in Boston. Its unit that was involved in the securities fraud assists institutional clients in moving investments and liquidating big portfolios.

Penning, Boomgaardt, and McLellan were charged last year in a US probe. Earlier this year, State Street agreed to settle related criminal and civil probes over the men’s alleged misconduct for $64.6M. That’s a $32.3M criminal penalty to the US Justice Department and a $32.3M civil settlement to resolve the US Securities and Exchange Commission’s case. As part of the settlement, the firm admitted that it overcharged six clients of State Street’s transition management business by secretly billing them commissions on billions of dollars in securities trades, including equity trades and fixed-income trades. In 2014, State Street also paid a $38M fine to the UK Financial Conduct Authority for charging the same clients mark-ups for certain transactions.

Former Sterne Agee Broker Pleads Guilty to Securities Fraud Involving NY Pension Fund

Published on: June 5, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Deborah Kelley, an ex-Sterne Agee managing director and broker, has pleaded guilty to honest-services wire fraud and securities fraud. Kelley, admitted that she gave perks to former NY state pension fund manager Navnoor Kang in return for him directing trading business toward her firm. She could be sentenced to up to five years in prison. A second broker, Gregg Schonhorn, has already pleaded guilty to related criminal charges against him.

Kang, who was the portfolio manager of the New York State Common Retirement Fund, is accused of awarding the two brokers’ firms over $2B of business in return for drugs, strippers, vacations, and lavish jewelry.

As a result, contend prosecutors, the retirement fund’s domestic bond transactions to her firm went from $0 at the end of March 2014 to $179M in 2016. FTN Financial, which is where Schonhorn worked, ended up garnering $2.3B of business from working with the NY pension fund. The two brokers were paid 35-40% of the millions of dollars of commissions made by their brokerage firms.

More Pro Athletes Victimized by Fraud

Published on: May 27, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Prosecutors have indicted a California man over his alleged involvement in an investment scam that bilked an ex-NFL player of $4.5M. Kenneth Ray Cleveland faces multiple counts of money laundering and wire fraud.

The 63-year-old money manager served as the NFL player’s financial adviser for years beginning when the ex-pro athlete, who played with the Indianapolis Colts for several years, graduated college and joined the NFL. Court documents don’t name the victim.

According to prosecutors, Cleveland used $2M of the ex-NFL athlete’s funds to pay other clients in a Ponzi scheme he allegedly ran. The money manager used another $2M of the player’s money to cover his own expenses, including his mortgage.

Securities Fraud Cases: Ponzi Scam Operator Sentenced to Prison, Fund Manager Pleads Guilty, Ex-Options Trading Instructor Allegedly Misappropriated Investor Funds, & $1.7M Financial Scam Leads to 10-Years Behind Bars

Published on: May 26, 2017 | by Shepherd Smith Edwards & Kantas, LLP

SEC Charges Man Accused of Running $10M Ponzi Scam
Mark Anderson Jones, whom the US Securities and Exchange Commission has charged with fraud, has been sentenced to 70 months in prison in a parallel criminal case. Jones pleaded guilty to running a $10M Ponzi scam.

According to the SEC, Jones solicited investors in a number of US states, as well as in Washington DC. He did this by issuing promissory notes, as well as providing personal guarantees to clients that were willing to invest in The Bridge Fund, which supposedly lent money to Jamaican businesses that were waiting to get commercial bank loans.

However, rather than investing their money the way he said he would, Jones used a portion of investors’ cash to pay his own expenses as well as make Ponzi payments.

Massachusetts Hedge Fund Manager Faces Criminal and Civil Fraud Charges Over Alleged Multi-Million Dollar Ponzi Scam

Published on: May 25, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Over the weekend, Yasuna Murakami, a Cambridge-Massachusetts based hedge fund manager, was arrested and charged with wire fraud. Murakami, who managed MC2 Capital Management LLC, is accused of misappropriating investors’ funds in a Ponzi-like scam. The arrest and criminal charges come a few months after the state’s regulator, Secretary of the Commonwealth William Galvin, filed his own administrative case against Murakami for the fraud.

Prosecutors are accusing the hedge fund manager of seeking to bilk investors. The MC2 Capital Canadian Opportunities Fund was supposed to grant American investors exposure to a Donville Kent Asset Management-supervised fund. Instead, Murakami allegedly misused investors’ money to pay for his bills, including purchases at expensive department stores, as well as to make his own investments in the fund.

He is accused of using investors’ money to pay other investors in two other MC2 hedge funds and allegedly misappropriating money from those funds. Under the charging statute, If convicted, Murakami could face up to 20 years in prison, supervised release, a fine, and be ordered to pay up to two times the gross loss or gain.

SEC Stops $22M Texas-Based Securities Scam

Published on: May 20, 2017 | by Shepherd Smith Edwards & Kantas, LLP

In federal court in Sherman, TX, the US Securities and Exchange Commission has filed an emergency action to halt a $22.7M mortgage investment scam involving Thurman P. Bryant, III and his Bryant United Capital Funding, Inc. According to the regulator’s complaint, Bryant and his firm raised about $22.7M from about 100 investors by making false promises, including telling them that the investments were free of risk and guaranteed 30% minimum yearly returns.

The SEC claims that Bryant told investors that his firm would fund the mortgages, which would be sold right away to third parties for a fixed fee. He allegedly informed them that their money would be left in secure escrow account as evidence of funds in order to obtain a credit line to cover the mortgage loans. Bryant and his firm are accused of violating the Securities act of 1933’s Section 17(a) and the Securities Exchange Act of 1934’s Section 10(b) and Rule 10b-5 thereunder.

According to the Commission, since the start of this year alone, Bryant has raised about $1.4M from investors. So far, Bryant’s firm has paid about $16.8M as supposed investment return and also as referral fees to investors who’ve helped identify additional prospective investors.

SEC Cases: Barclays Will Pay $97M for Overcharging Clients, Regulator Accuses Ex-Staffer of Securities Fraud, Whistleblower is Awarded Over $500K, and Two Chinese Citizens Face Penny Stock Scam Allegations

Published on: May 9, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Barclays Must Pay Back Sales Charges, Advisory Fees
The US Securities and Exchange Commission announced that Barclays Capital (BARC) has settled securities charges accusing the firm of overbilling clients. As part of the resolution, which includes paying over $97M, Barclays must pay back advisory fees and mutual fund sales charges to clients that were affected. The firm is settling without denying or admitting to the SEC’s findings.

The SEC’s case involved three sets of violations resulting in almost $50M in client overcharges. According to the Commission, two of Barclays advisory programs charged over 2,000 clients for services that were not conducted as presented. Meantime, 63 broker-dealer clients paid too much in mutual fund sales charges or fees because Barclays recommended that they purchase more costly share classes even though there were less expensive ones available. Also, over 22K accounts paid Barclays excess fees because the firm made billing mistakes and miscalculations.

Ex-SEC Staffer Accused of Securities Fraud
The SEC has filed charges against David R. Humphrey, one of its ex-employees, for securities fraud related to trades that he made. Humphrey worked with the regulator from 1998 to 2014.

Securities Cases: Verto Capital Settles Life Settlement Charges, Couple File Broker Fraud Claim Against NY Life Securities, JCPenny to Settle Texas Class Action Lawsuit for $97.M, & Cetera Admits to Charging Investors More For Mutual Funds

Published on: May 8, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Financial Firm and Its CEO Settle Life Settlement Fraud Charges
The US Securities and Exchange Commission announced that Verto Capital Management and its CEO William Schantz III have settled civil charges accusing them of running a Ponzi-like scam involving life settlements. As part of the settlement, Verto Capital and Schantz will pay over $4M.

According to the regulator’s complaint, the two of them raised about $12.5M through promissory note sales that were supposed to pay for the firm’s purchase and sale of life settlements. The notes were sold mostly through insurance brokers in Texas.

Investors who were religious were the main target of the alleged fraud.They were allegedly told that that the securities were short-term investments that were at low risk of defaulting.

SEC Orders Barclays to Pay Over $16.5M Over Alleged RMBS Fraud by Former Traders

Published on: May 1, 2017 | by Shepherd Smith Edwards & Kantas, LLP

The US Securities and Exchange Commission said that Barclays Capital (BARC) has agreed to pay over $16.5M as part of a settlement resolving allegations accusing the company of failing to properly supervise two of its ex-mortgage bond traders. The men are accused of lying to clients, as well as overcharging some of them. According to the regulator, Barclays did not put into place or execute the proper supervisory procedures that could have stopped or detected the alleged residential mortgage-backed securities fraud.

The two traders, David Wong and Yoon Seok Lee, are accused of making misleading or false statements to the firm’s customers about RMBS securities, how much Barclays makes for facilitating the trades, and other pertinent information. Lee and Wong also are accused of making excessive mark-ups on certain transactions without telling customers.

The SEC said that the ex-Barclays traders’ actions, which would have occurred between 6/2009 and 12/2012, caused Barclays to earn $15.5M in profits.