An official website of the United States government. Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. According to the complaint, McDonald falsely represented that investor funds would be used to expand Hercules's business, lied about the firm's financial condition, and failed to disclose that he had promised Hercules clients that the firm would repay earlier losses. In early 2021, McDonald solicited millions of dollars' worth of funds from investors in the form of a purported capital raise for Hercules but misrepresented how the funds would be used and failed to disclose the massive losses Hercules previously sustained. Prior to that he was CIO of Vishnu Wealth Management and CEO. By December 2020, Hercules clients were complaining to company employees about the losses in their accounts. Enhancements you chose aren't available for this seller. Prior to that he was CIO of Vishnu Wealth Management and CEO of Index Strategy Advisors. Hercules Investments is part of the Finance industry, and located in California, United States. (See CCP 685.080(b).) THE NAMES "Hercules Investments" AND "Hercules Fund". Value may lead however in terms of short term suitability for conservative investors. Hercules and the various insureds settled claims for $1,450,000, which was directed by Hercules to be paid into a separate account maintained by BNSK and distributed at Hercules direction for (1) defense costs relating to claims by investors against Hercules for losses sustained as a result of Hercules investment strategies and/or (2) to pay claims by various investors relating to losses by such investors as established by the Settlement Agreement. (Brown Decl. Scott Gamm On 11/16/2021 HERCULES INVESTMENTS, LLC, filed a Contract - Business lawsuit against DANNY MICHAEL CORRAL,. Track. Track. Hercules Investments has named Loreal McDonald as corporate counsel and interim chief operating officer. They are part of the Executive team within the C-Suite Department and their management level is C-Level. The SEC alleges that McDonald, a former guest commentator on CNBC, raised more than $5.1 million from 23 investors and clients, and misappropriated more than $2.9 million of those funds for personal expenses and Ponzi-like payments to earlier investors. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Or, you know, anywhere, really. XOM Because in addition to unemployed, he can also now call himself whistleblower.. Because judgment was not entered before this date, fees incurred from August 17, 2021 to December 9, 2021 necessarily could not have been incurred in enforcing the judgment. No recommendations are made by the author of the blog one way or the other. The Adviser grants to the Trust a license to use the names "Hercules Investments" and "Hercules Fund" (the "Name") as part of the name of any Fund during the term of this Agreement. In fairness to James McDonald, television is a much more welcoming venue than an SEC hearing room or courthouse. ), Case Number: *******9709 Hearing Date: March 10, 2022 Dept: 72. To Chowthi, the evidence indicates that McDonald is currently intentionally concealing his whereabouts., https://www.wealthmanagement.com/sites/wealthmanagement.com/files/logos/Wealth-Management-Logo-white.png, Hercules Investments CEO/CIO James McDonald. Suite 1200 Curtis A. Kineffective 06/14/2021; Reason: Inventory Transfer, DocketNotice of Case Reassignment; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by: Clerk, DocketCase assigned to Hon. A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The opposite is true of course. "Risks here are as high or higher than potential gains, so it only makes sense to have a defense in place," McDonald concluded. James Arthur McDonald Jr., 50, ran two Los Angeles-based investment firms called Hercules Investments and Index Strategy Advisors. Esparza v. Campanario Entertainment LLC et al. A mere 5% allocation to its ITM call options would have sufficed for protection for an entire portfolio. According to McDonalds former romantic partner and business associate, D.J., after the SEC subpoenaed records from Hercules and subpoenaed McDonald for testimony, McDonald told D.J. LOS ANGELES A former San Gabriel Valley resident who ran Los Angeles County-based investment companies and was a frequent guest on financial television news programs was charged today in a federal criminal complaint alleging he lied to investors. ET by Tomi Kilgore. VS JAMES A. MCDONALD, JR., ET AL. Or before an SEC investigator. in Economics. First, the judgment was entered on December 9, 2021. brookstone therapeutic percussion massager with lcd screen; do nigel and jennifer whalley still own albury park "The idea that tech stocks should keep rising in the face of the Covid-induced headwinds was an idea rooted in historic optimism," he said. The perceived future harm of the new COVID-19 strain in the UK will introduce additional risk to markets, according to McDonald. Accordingly, it cannot be said that the fees creditor incurred in defending against Bunnells ex parte application to vacate the stipulated judgment or motion to intervene were reasonable or necessary to the enforcement of the judgment. Counsel avers: The services rendered include communications attempting to enforce the settlement agreement and judgment, post judgment enforcement proceedings in this case, defending a separate action brought by Justin Bunnell, defending a separate interpleader brought by Ethan Brown, defending an Appeal brought by Justin Bunnell, and a whole host of other services. (Lindemann Decl. The supplemental declaration also attaches the referenced Settlement Agreement, but paragraph 5 of that agreement merely states: Defendants will give notice of this settlement to their E&O carrier. (Lindemann Supp. Hercules Investments is the firm I founded solely to achieve these goals. This of course is impossible, therefore equity valuations must eventually reflect economic plausibility. No credit card required. . McDonald: Without question: Market Wizards Jack Schwager. A [Complaint in Interpleader].). Read more: BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021. (Reply at 3.) To ensure the most secure and best overall experience on our website, we recommend the latest versions of, https://us02web.zoom.us/webinar/register/WN_guvDkdmgQcy4-HcSuTnb1Q, https://hercules-investments.com/hercules-public/index.html. scott@strategyvoiceassociates.com, Internet Explorer presents a security risk. On Oct. 1, 2021, attorneys from the SEC contacted McDonalds attorneys and scheduled an Oct. 14 interview, but McDonald responded that he was getting new counsel and could not makethe appointment; the SEC eventually subpoenaed him for records and to appear on Nov. 16. VOLQ is even better because it can be used to protect gains and principal in tech holdings. However, the Court file reflects that counsel for creditor has remotely appeared for each hearing since entry of the judgment. Then its fine. "Monday's selling pressure isn't a sign that a major market crash is imminent, but crashes do begin with shifts in short-term sentiment like we have seen in recent sessions," McDonald said. James Zell McDonald (born March 29, 1961) is a former American football tight end in the National Football League. The SEC's complaint alleges that McDonald raised over $3.6 million from investors between May 2019 and October 2021 for the stated purpose of trading securities through an investment vehicle called the Index Strategy Advisors Fund, and that McDonald used less than half those funds for trading and did not engage in any trading with the funds for long stretches of time. 2, 5 & Ex. Location South Ozone Park, New York, United States Work Chief Executive Officer @ Hercules Investments Chief Executive Officer and Chief Investment Officer @ Index Strategy Advisors Does he seek to join in plaintiffs claims against the defendants through the filing of a complaint in intervention? VS DANNY MICHAEL CORRAL, ET AL. portville central school yearbooks; jennette mccurdy astroseek. at 9), which the Court already addressed and denied (2/15/22 Minute Order). A frequent lecturer and conference speaker, he is a nationally-recognized expert on the topics of macroeconomics, event-driven investing, growth investing, portfolio construction, index investing, exchange-traded funds, digital currencies, and index . . Neither seems likely, which perhaps explains proposed intervenors unwillingness to file a proposed complaint or answer in intervention as required by statute. Please try again. Step 2) Generate $12 billion in index options profits for growth seeking investors. 633 W 5th Street, Los Angeles, CA 90071 Instead, McDonald spent more than $1 million of the money on his own expenses, and used more than $2 million on Ponzi-like payments to Hercules clients and business expenses for the firm, according to the SEC complaint against him. Markets have always crashed in the weeks and months following 52-week highs, and it could take only a change in sentiment to trigger a large sell-off, the investment chief said. Brief content visible, double tap to read full content. James McDonald, the founder of the Los Angeles-based firm Hercules Investments, has profited from the market's recent volatility using stock index options. For this reason alone, the motion should be denied. CEVA Logistics. Registered in England and Wales. The SEC's complaint, which was filed in the Central District of California, charges McDonald and Hercules with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. Led the design, development, and rollout of investment management, financial planning, and lending standards and practices to the bank's High Net Worth clients. Miraculously in 2006, I found an orthopedic surgeon who fixed my knee and I got back on the field at the age of 35. Hercules Investments was awarded the WealthManagement.com 2020 Alternative Asset Manager of the year. This is the best and simplest approach, but these securities should not be traded by novice investors. Second, the Court file reflects that the motions which creditor filed have been unsuccessful. V.P., Director of Strategic Initiatives, BBVA Compass, Houston, TX, 2002- 2006 Direct report to the CEO of the $12 Billion AUM Wealth Management Group (WMG). Hercules Capital is the largest business development company focused on venture lending, and the lender of choice for innovative entrepreneurs and their venture capital partners. To add the following enhancements to your purchase, choose a different seller. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. ciaran.mcevoy@usdoj.gov According to an affidavit filed with the complaint, McDonald frequently appeared as an analyst on the CNBC financial TV news network and was the CEO and chief investment officer of two companies: Hercules Investments LLC, based in downtown Los Angeles, and Index Strategy Advisors Inc. (ISA), based in Redondo Beach. James Arthur McDonald Jr., 50, formerly of Arcadia and who is believed to be in hiding, is charged with one count of securities fraud, a crime punishable by up to 20 years in federal prison. Assistant United States Attorneys Carolyn S. Small and Alexander B. Schwab of the Major Frauds Section are prosecuting this case. According to the U.S. Attorney's Office, McDonald's . as well as other partner offers and accept our, Visit Business Insider's homepage for more stories, Bank of America unveils its top stock pick in each of the 11 S&P 500 sectors and explains why they're poised to dominate in the year ahead, BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021, Registration on or use of this site constitutes acceptance of our. Curtis A. Kineffective 06/14/2021; Reason: Inventory Transfer, Notice of Case Reassignment; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by: Clerk, Case assigned to Hon. Even large-cap companies such as Disney and Exxon-Mobil Since McDonalds compensation for his investment advisory services primarily was based on a percentage of assets under his management typically 2% of a clients total assets held by Hercules the massive losses to Hercules clients significantly decreased the fees McDonald was entitled to collect. Proposed Intervenor Justin Bunnells Ex Parte Application for an Order Granting Leave to Intervene or, in the Alternative, for an Order Advancing the March 10, 2022 Hearing Date on Justin Bunnells Pending Noticed Motion for an Order Granting Leave to Intervene is DENIED. - The dangers of too much fiscal and monetary stimulus Fri, Feb 12 20212:08 PM EST RELATED 00:00 James McDonald's advice to the. McDonald projected that the COVID-19 pandemic and the election would result in major selloffs that would cause the stock market to drop. The FBI and IRS Criminal Investigation investigated this matter. 2021-02-22, Los Angeles County Superior Courts | Contract | A .gov website belongs to an official government organization in the United States. When investors really want something they are willing to pay up, and stock prices rise. In response, McDonald began soliciting funds for a purported capital raise for the company; as an avid football enthusiast, he claimed to be setting up a publicly traded mutual fund with the ticker symbol of NFLHX, but according to the Justice Department, this was a ruse concocted as the advisorcontinued to notinform clients about the seismic losses the firm suffered. Decl. The S&P 500 could be headed for a drop of up to 48%, according to James McDonald, the CEO and chief investment officer of Hercules Investments. (Lindemann Decl. In 1992, I became interested in markets after reading a book (Why Should White Guys Have All the Fun by Blair Walker) about Reginald Lewis who amassed a $1 billion fortune in the 80s and 90s through M&A. For those willing to take risk and or those who dont want to liquidate their securities, we recommend buying volatility with a 10-15% allocation in their portfolio. James Arthur McDonald Jr ., 50, who is believed to be in hiding, was charged with a single count of securities fraud, according to the U.S. Attorney's Office. We work hard to protect your security and privacy. Lock 297 views, 25 likes, 0 loves, 5 comments, 0 shares, Facebook Watch Videos from Hercules Investments: James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment. Lists Featuring This Company. Notice of Change of Address or Other Contact Information; Filed by: Semyon Ginzburg (Plaintiff), Updated -- Motion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: Filed By: Semyon Ginzburg (Plaintiff); Result: Denied; Result Date: 10/11/2022, Notice OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff), Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Semyon Ginzburg (Plaintiff); As to: Hercules Investments, LLC (Defendant); James A. McDonald, Jr. (Defendant); Interest: 61846.47; Service Date: 10/11/2022, Minute Order (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST), Certificate of Mailing for (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST) of 10/11/2022; Filed by: Clerk, Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT scheduled for 10/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 72 updated: Result Date to 10/11/2022; Result Type to Held, Request for Refund of Reporter Appeal Transcript Deposit Affidavits attached NA4/29/22; Filed by: Clerk, Updated -- Amended Declaration OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: As To Parties: removed, Motion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff). Shipping cost, delivery date, and order total (including tax) shown at checkout. The Court is hard-pressed to see how Bunnell is or should be entitled to enter the case, undo the judgment, and then leavewhich is precisely what the proposed intervenor seemingly seeks to accomplish here. Plaintiff moves to compel BNSKs compliance with the subpoena, which directed BNSK to produce or do the following: All drafts of settlement agreement with Ascot, and the final signed copy of the settlement agreement with Ascot. (Brown Decl. 4.). McDonald was CEO of Hercules Investments LLC of Los Angeles and Index Strategy Advisors Inc. of Redondo Beach, and frequently appeared as an analyst on the CNBC financial TV news network,. The United States Securities and Exchange Commission subpoenaed McDonald to testify before it in November 2021, but without advance notice he failed to appear as required. The Judge overseeing this case is MARGARET MILLER BERNAL. When investors DONT want to own an asset, they are willing to lower their price to sell it, causing markets to fall. (Lindemann Decl. Amazon has encountered an error. Third, although creditor incurred fees defending against proposed intervenor Justin Bunnells efforts to vacate the stipulated judgment, these fees are not related to the collection of judgment against debtors. Federal prosecutors charged McDonald with one count of. Today were the largest index options trader on the CBOE and the largest trader of Nasdaq 100 4. James McDonald - Latest News and breaking headlines - Benzinga Contribute SPY 412.68 0.04% QQQ 306.75 0.74% BTC/USD 22088.42 1.612% DIA 341.15 0.41% GLD 172.58 0.06% TLT 104.02 0.23% James. And the best part of all, documents in their CrowdSourced Library are FREE! Perhaps explains proposed intervenors unwillingness to file a proposed complaint or answer in intervention as required by statute the I. 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