When facing allegations such as these, its best not to be seen on TV. The SEC also filed a complaint against the registered investment advisor. McDonald, who faces up to 20 years imprisonment if convicted, "is believed to be in hiding," the U.S. Attorney's office said in a news release. are slashing up to 20% of their workforce. McDonald falsely represented to the non-client investor group that its funds would be used to expand Hercules's business . "As we see now, eventually reality strikes and changes things overnight. 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). Ciaran McEvoy That's especially true since recent progress on vaccines led many investors to expect a smooth return to normal life following their rollout, he said. James McDonald went from being CNBC market pundit, media darling and self-proclaimed options guru to a fugitive in hiding and on the run. Navin: If you could ask Jerome Powell a question what would it be? Plaintiff Semyon Ginzburgs Motion for Order Assigning Right to Payment Due to Satisfy Judgment is DENIED. The SEC also filed a complaint against the California-based advisor and frequent CNBC commentator. Brown, whose firm used to represent defendants on other matters seemingly related to this litigation but never actually appeared on behalf of defendants in this case. Public Records Policy. "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. 5 & Ex. In accordance with subsection (c)(2) of CCP 708.510, the Court considers [p]ayments the judgment debtor is required to make when determining whether to order an assignment or the amount of an assignment. Plaintiff acknowledges that there are apparently, other claims to the $1.45 million and against defendants. Having denied the Motion for Assignment, the Court finds no exigency, irreparable harm, or immediate danger that would justify the need to address Bunnells request for relief on an ex parte basis. Navin: What indicators do you follow to read the markets? Or, you know, anywhere, really. If you're an investor, you'd want to look much deeper into each of these situations. Produce all communications (including e-mails, text messages, or messages from any messaging service) between Hercules Investments, LLC and Justin Bunnell. James McDonald has been working as a Chief Executive Officer at Hercules Investments for 3 years. 2021-02-22, Los Angeles County Superior Courts | Contract | Docket Updated -- Hercules Investments, LLC (Defendant): Organization Name changed from HERCULES INVESTMENTS, LLC, a California limited liability company to Hercules Investments, LLC 06/14/2021 Docket Case reassigned to Stanley Mosk Courthouse in Department 72 - Hon. Moreover, creditor claims $149 for gas and mileage. No, Brent Kovars mother didnt have an artificial intelligence supercomputer in her basement, the SEC says. Lists Featuring This Company. Access your favorite topics in a personalized feed while you're on the go. Always do your own independent research, due diligence and seek professional advice from a licensed investment advisor. 2.) According to Chowthi, D.J. As soon as we found out he was under investigation, we no longer allowed him on our air, said a CNBC spokesperson. Things are escalating quickly for the folks behind StraightPath Venture Partners. But what really got my attention was the security that empowered Lewis to make history: junk bonds. 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. [2] That means there's a whole lot of opportunity for both streaming service providers and their investors. 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. Read more: BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021. NDAQ Ruth Ann Kwan in Department 72 Stanley Mosk Courthouse, Complaint; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Civil Case Cover Sheet; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Summons on Complaint; Issued and Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. Even assuming that $1.45 million has been received by Mr. Browns account from Herculess insurer, it is either (1) Herculess money (which happens to be held its former counsel) or (2) money set aside to pay defense costs to Herculess counsel or claims by investors claiming losses. 4; Brown Supp. He played for the Los Angeles Rams and Detroit Lions. Navin: What book or books would you recommend for someone interested in learning about markets? THE NAMES "Hercules Investments" AND "Hercules Fund". First, the judgment was entered on December 9, 2021. 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. He was named a "rising star"advisor in 2012 by ETF.com,frequently appeared on CNBC as a marketanalyst, including on Fast Money and The Exchange, and Hercules Investments won a WealthManagement.com Industry award in 2020 in the category ofAlternative Asset Management. If Biden wins, he will make the necessary tough choices early on that will hammer the market: tax hikes, and sweeping lockdowns of the economy. When investors DONT want to own an asset, they are willing to lower their price to sell it, causing markets to fall. 2-3, 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 Which was great for McDonald, because he apparently really muffed the market response to a Joe Biden victory over Donald Trump two years ago: He assumed that the ousting of an incompetent demagogue would tank things. Accordingly, to the extent that the post judgment enforcement proceedings in this case includes work on creditors ex parte application and motions, such work appears not to have been reasonable and necessary. Greater Los Angeles Area Financial Services Companies. Cancellation and Refund Policy, Privacy Policy, and The case status is Other. For all the foregoing reasons, the motion is DENIED. McDonald: You have to follow the money. The Securities and Exchange Commission today announced the filing of a civil injunctive action against James Arthur McDonald, Jr. and his SEC-registered investment adviser firm, Hercules Investments, LLC in connection with two fraudulent securities offerings. Read more about Hercules Capital's Fourth Quarter and Full-Year 2022 Results Life Sciences Technology SaaS Finance Sustainable + Renewable McDonald said recent valuations in the technology sector exceeded levels in the days and weeks before the major market crashes of 1929, 1987, 2001, and 2008. James Arthur McDonald Jr. appears to be on the lam as he faces as much as 20 years in prison for allegedly defrauding investors, according to the Justice Department. (Lindemann Decl. 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. Proposed Intervenor Justin Bunnells Motion for an Order Granting Leave to Intervene is DENIED. 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. 5.) DocketUpdated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. DocketUpdated -- Hercules Investments, LLC (Defendant): Organization Name changed from HERCULES INVESTMENTS, LLC, a California limited liability company to Hercules Investments, LLC, DocketCase reassigned to Stanley Mosk Courthouse in Department 72 - Hon. 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. U.S. Attorney's Office, Central District of California, Environmental Crimes and Community Safety, Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses, Carson Man Sentenced to More Than 11 Years in Prison for Role in International Conspiracy to Launder Money Taken from Fraud Victims, Former MoviePass Executive Arrested on Indictment Alleging He Embezzled $260,000 from Employer to Repay Coachella Debt, Irvine Man Sentenced to 4 Years in Federal Prison for Fraudulently Obtaining $5 Million in COVID Loans He Spent on Sports Cars, Arcadia Man Charged With Securities Fraud For Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses. A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. McDonald: Conservative investors should move to money market funds or treasuries and wait for the crash to happen. Or before an SEC investigator. Yet only 14.5% of the global market has been penetrated. On February 15, 2022, creditors motion for order assigning right to payment was denied. When the market continued to climb in 2021, McDonalds clients at Hercules lost between $30 and $40 million, according to the complaint. Moreover, proposed intervenors failure to do so is telling, as it is not at all clear what Bunnell would hope to and could properly accomplish as an intervenor. Yet it's not his only passion he had a 12-year semi-pro football career and also won the 2018 Southern California Heavyweight Boxing Tournament. Why? Explore Our Venture Lending Portfolio | Hercules Capital Whether you're a curious investor or a successful start-up seeking VC financing, Hercules Capital is for you. Esparza v. Campanario Entertainment LLC et al. ${cardName} unavailable for quantities greater than ${maxQuantity}. The SECfiled a civil complaint today charging McDonald and Hercules with violations of federal securities law. Work Biography for James McDonald, Hercules Investments. The $900 billion stimulus package is necessary and was largely expected by investors but it won't be enough to limit the economic fallout of the pandemic, according to McDonald. The complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties against McDonald and Hercules. Plaintiff and judgment creditor Semyon Ginzburgs Motion for an Order Awarding Post-Judgment Costs and Attorney Fees Incurred in Enforcing Judgment is DENIED. Case Details Parties Documents Dockets. Pronunciation of james mcdonald with 2 audio pronunciations, 1 meaning, 5 translations, 12 sentences and more for james mcdonald. 1,230 Number of Organizations $4B Total Funding Amount 434 Number of Investors. edgewater hotel haunted; can uk consultant doctors work in usa; is spitfire a compliment 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. James McDonald, the chief investment officer at Hercules Investments, told Business Insider that the news would be the catalyst for a protracted sell-off heading into the election.. Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.Learn more how customers reviews work on Amazon, [{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":"pjKvPbaCzTFGz7tm%2F4plpNBIHaGsThf1FzF2RcINGAblEr2D%2BPhusKDR7sd54ZbiPtyEWzdH%2BRY9V0EgvA2dziukOK7HD1nO6KVW%2F23KTXYaw7l%2BpJAbpdYHQjsWc0qrKCFg5%2FoCSEsG%2FTMsMfFffg%3D%3D","locale":"en-US","buyingOptionType":"NEW"},{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":null,"locale":"en-US","buyingOptionType":"PICKUP"}]. The SEC's investigation was conducted by David S. Brown, Carol Kim, and Matthew O. Koop and was supervised by Marc J. Blau in the Los Angeles Regional Office. "The new strain is one of many potential catalysts that can shift sentiment and trigger violent selling, especially as stocks hit record highs as recently as Friday," McDonald said. ) or https:// means youve safely connected to the .gov website. In this virtual event, McDonald shares: - Why the markets are too optimistic about the Covid-19 vaccine He also allegedly sent ISA clients false account statements, including for one client who invested approximately $351,000, later needed the money to make a down payment on a home, was informed by McDonald that much of the money had been lost, and never got his full investment back. By clicking Sign up, you agree to receive marketing emails from Insider Navin: You've named the issues facing the stock market as "a 3-headed monster." Have a question about Government Services? On May 3, 2022, creditors motion to compel compliance with subpoena was denied. Full content visible, double tap to read brief content. 28, 2021 at 7:18 a.m. Ironically, however, pertinent information about any right to payment comes not from the moving party, but from the response to the motion by Ethan J. That seems not to be a proper basis for intervention under CCP 387, and Bunnell cites no meaningful authority for the proposition that he may intervene in an action for the limited purposes of participating in post-judgment proceedings or seeking to undermine the judgment already entered. (Lindemann Decl. Lastly, even if all or some of the referenced funds could be assigned pursuant to CCP 708.510, the Court would decline to issue an order so doing. Plaintiff contends that the requested documents are pertinent to the efforts to collection on the judgment, including ascertaining available insurance and concerning the assets of judgment debtors Hercules Investments, LLC and James McDonald that are being held, obstructed, or concealed by third parties. As stated in his opening brief, proposed intervenor admits to this Court that Bunnell seeks only to only [sic] oppose the Assignment Motion (Bunnell Mem. "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. For the foregoing reasons, the motion is DENIED. Please try again. In late 2020, McDonald lost between $30 million and $40 million of Hercules client money after adopting "a risky short position" based . Eligible for Return, Refund or Replacement within 30 days of receipt. ${cardName} not available for the seller you chose. Step 2) Generate $12 billion in index options profits for growth seeking investors. We work hard to protect your security and privacy. 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. Accounting and Auditing Enforcement Releases. Los Angeles County Superior Courts | Contract | McDonald: If you mean beating as in performing better in terms of absolute returns, then the answer is never. A Carson man who was a central figure in an international fraud and money-laundering network that targeted $25 million through a variety of frauds including romance scams and elder A former executive at cinema subscription service MoviePass Inc. has been arrested on a federal grand jury indictment alleging he embezzled approximately $260,000 from MoviePass parent company to repay money An Orange County man was sentenced today to 54 months in federal prison for fraudulently obtaining $5 million in COVID-relief loans for his sham businesses, then used the money on Central District of California Step 1) Become the best index options trader in the world, and I am very confident that today I have done that. (See 2/15/22 Minute Order at 2-3.) (*******9709). We'll be covering the markets, what stocks to look out for and more! Plaintiff presented nothing else of relevance in support of the motion. They are part of the Executive team within the C-Suite Department and their management level is C-Level. Hercules Capital started at outperform with $17.50 stock price target at Oppenheimer. Produce all communications (including e-mails, text messages, or messages from any messaging service) between James McDonald and Justin Bunnell. He then misappropriated those funds in various ways, including spending roughly $174,610 of them at a Porsche dealership. Hercules Investments CIO James McDonald on CNBC The Exchange (Brown Decl. After transferring to and graduating from Harvard, I set a career path with a firm intent to make a positive meaningful impact in the industry and personally to culminate my business career with the purchase of an NFL team for myself. Decl. Updated -- Hercules Investments, LLC (Defendant): Organization Name changed from HERCULES INVESTMENTS, LLC, a California limited liability company to Hercules Investments, LLC, Case reassigned to Stanley Mosk Courthouse in Department 72 - Hon. The complaint also charges McDonald with violating Section 206(4) of the Advisers Act and Rule 206(4)-8 thereunder, which prohibit certain transactions by investment advisers. Anyone with information about McDonalds whereabouts is encouraged to call the FBIs Los Angeles Field Office at (310) 477-6565. He recommended investors have exposure to volatility instruments, which can offset losses in core holdings if markets fall. judy norton children; court ordered community service california 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. For more of the latest in litigation, regulation, deals and financial services trends, sign up for Finance Docket, a partnership between Breaking Media publications Above the Law and Dealbreaker. To begin with, plaintiff Semyon Ginzburg fails to sufficiently demonstrate that, for purposes of assignment, there are any monies due or to become due to the judgment creditor defendants. Prior to that he was CIO of Vishnu Wealth Management and CEO of Index Strategy Advisors. LOS ANGELES, Oct. 10, 2019 /PRNewswire/ -- Award-winning derivatives investment management executive James A. McDonald, Jr. today announced that he has launched Hercules Investments LLC,. Arcadia Man Charged with Securities Fraud for. When the market decline didnt occur, Hercules clients lost between $30 million and $40 million, according to the affidavit. Hercules Investments was founded by James McDonald, who previously was founder and CEO of Index Strategy Advisors. 21STCV19709 in the Superior Court of California, County of Los Angeles. CHICAGO-- ( BUSINESS WIRE )--James McDonald, CEO and Chief Investment Officer of Hercules Investments, a Los Angeles-based Registered Investment Advisor, is hosting a virtual event,. Pastor James MacDonald, of Harvest Bible Chapel, was given the boot last week by church elders after "highly inappropriate . - The dangers of too much fiscal and monetary stimulus Lindemann Decl. Fourth, creditor did not provide any breakdown of how many hours were spent on each task purportedly incurred to enforce the judgment, such as through submission of time sheets. James McDonald works as a Chief Executive Officer at Hercules Investments, which is a Finance company with an estimated 6 employees; and founded in 2019. (See CCP 685.080(b).) 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