{"id":492658,"date":"2024-09-12T17:52:51","date_gmt":"2024-09-12T21:52:51","guid":{"rendered":"https:\/\/www.investmentexecutive.com\/?p=492658"},"modified":"2024-09-12T17:52:51","modified_gmt":"2024-09-12T21:52:51","slug":"pre-ipo-schemes-in-u-s-authorities-crosshairs","status":"publish","type":"post","link":"https:\/\/www.investmentexecutive.com\/news\/from-the-regulators\/pre-ipo-schemes-in-u-s-authorities-crosshairs\/","title":{"rendered":"Pre-IPO schemes in U.S. authorities’ crosshairs"},"content":{"rendered":"

U.S. authorities are continuing to tackle investment schemes involving pre\u2013initial public offering (pre-IPO) company investments that, they allege, are duping investors.<\/p>\n

The U.S. Securities and Exchange Commission (SEC) settled charges against three sales reps from a purported private equity investment firm, StraightPath Venture Partners, for engaging in unregistered broker activity by soliciting investors for unregistered funds that purported to invest in pre-IPO companies.<\/p>\n

The trio settled the SEC’s allegations, without admitting or denying the SEC’s findings, and agreed to pay over US$2.8 million in disgorgement and penalties, along with industry bans.<\/p>\n

According to the SEC’s orders, the reps allegedly advised investors, provided them with marketing materials and took transaction-based compensation despite not being registered as brokers.<\/p>\n

Combined, they took in about US$17 million from investors and received about US$2.1 million of that in compensation from the investment funds, the SEC alleged.<\/p>\n

The SEC has previously charged several others (in 2022 and 2023) in connection with purported pre-IPO investments offered by StraightPath, including one of the reps who settled charges today.<\/p>\n

\u201cToday\u2019s resolutions demonstrate our continued efforts to hold accountable unregistered brokers, including those who facilitate the sale of pre-IPO investments to retail investors,\u201d said Sheldon Pollock, associate director in the SEC’s New York office, in a release.<\/p>\n

\u201cThe division of enforcement continues to scrutinize the registration status of individuals selling pre-IPO shares to retail investors,\u201d he said.<\/p>\n

In a separate case, U.S. authorities filed criminal charges against the alleged operators of a couple of unregistered fund managers that pitched investment funds that focused on pre-IPO companies.<\/p>\n

In a federal court in Brooklyn, three executives at investment firms Max Infinity Management LLC and Elder Fund Management LLC were indicted, along with a couple of the firms’ senior salespeople, on charges of conspiracy, securities fraud, investment adviser fraud and money laundering conspiracy for their roles in a scheme that allegedly charged large undisclosed markups on pre-IPO fund investments, which raised approximately US$60 million from investors.<\/p>\n

According to the indictment, the funds’ investors were defrauded, authorities alleged, when investors were promised the funds charged no upfront fees, that the funds acquired pre-IPO shares directly from the companies, and that the firms were registered with the SEC.<\/p>\n

It’s alleged that the funds charged large markups and paid huge commissions to their salespeople, representing about US$27 million of the US$60 million that they raised from investors.<\/p>\n

\u201cAs alleged, based on false promises the defendants bilked investors out of millions of dollars,\u201d said Breon Peace, U.S. attorney for the Eastern District of New York, in a release.<\/p>\n

\u201cThey lied about how they made money and promised near-certain returns on investment when, in truth, they charged astonishing markups, at times greater than 95%, and defrauded investors,” he said.<\/p>\n

The allegations in that case have not been proven, and the accused are presumed innocent of the charges against them.<\/p>\n","protected":false},"excerpt":{"rendered":"

Unregistered investment funds are allegedly costing investors millions<\/p>\n","protected":false},"author":147314,"featured_media":464924,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2324,2312],"tags":[2443,2355,2394,2776,2788,2543,2370,2586,2722,3891,2325],"yst_prominent_words":[14,103942,90680,86537,61081,41791,23836,14402,13428,13009,11853,8420,6501,6236,5347,4996,1695,10],"acf":[],"_links":{"self":[{"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/posts\/492658"}],"collection":[{"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/users\/147314"}],"replies":[{"embeddable":true,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/comments?post=492658"}],"version-history":[{"count":4,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/posts\/492658\/revisions"}],"predecessor-version":[{"id":492681,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/posts\/492658\/revisions\/492681"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/media\/464924"}],"wp:attachment":[{"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/media?parent=492658"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/categories?post=492658"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/tags?post=492658"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.investmentexecutive.com\/wp-json\/wp\/v2\/yst_prominent_words?post=492658"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}