“The human tragedy here is what you don’t see when you read the news.”
Bob Banks, securities attorney with Samuels, Yoelin, Kantor LLP speaks with Koin 6 News last week about the impact of the Aequitas situation on investors
If you have questions, concerns, or information about Aequitas investments, please contact our office at 800.647.8130. Our home page gives an introduction to this informational site and you may review our extensive credentials and experience here.
March 10, 2016. Today the Securities and Exchange Commission filed a lawsuit in federal district court in Portland, charging Aequitas and three top executives with defrauding investors. The SEC press release reports that Aequitas hid its dire financial condition while raising more than $350 million from investors. Moreover, the complaint alleges that money from new investors was used to pay earlier investors – a Ponzi scheme.
The SEC’s complaint is posted here . Aequitas executives Robert J. Jesenik , Brian Oliver, and Scott Gillis are named as defendants in the complaint, which alleges that they were all well aware of the deteriorating financial condition when they continued to accept precious savings from trusting investors.
Aequitas Management, Aequitas Holdings LLC, Aequitas Commerical Finance LLC, Aequitas Capital Management Inc., and Aequitas Investment Management LLC as well as top executives Jesenik, Oliver, and Gillis are all charged by the SEC with violation of the federal securities laws.
We knew the SEC’s investigation was occurring, and are not surprised by the SEC filing. In fact, some of its allegations are similar to allegations we made in a case we filed earlier this week for some of our clients. The SEC complaint does shed some light on just how bad the financial situation was at Aequitas, and for how long. The complaint alleges that “By at least July 2014, Jesenik and Oliver knew that redemptions and interest payments to prior investors were being paid primarily from new investor money in a Ponzi-like fashion, and that very little investor money was being used to purchase trade receivables. The cash flow shortages at ACF and Aequitas Holdings continued with increased severity through 2015.”
For recent updates, see Aequitas Updates.
If you have questions about how this latest SEC action will affect your Aequitas investment, contact our office at 800.647.8130 or email@example.com.Our home page gives an introduction to this informational site and you may review our extensive credentials and experience here.
I received a document from a confidential source that was prepared by Aequitas and is quite enlightening. It is written about the Aequitas Private Notes issued by ACF (Aequitas Commercial Finance), and is dated the third quarter of 2015.
It states “ACF uses proceeds from Private Notes primarily to repay prior investors.” I interpret that to mean that the company did not have the assets to pay prior investors from its regular course of business. I define a Ponzi Scheme as an investment scheme that operates by using new investor money to pay prior investors and creating the illusion that distributions are from operations, when they are not.
Investors in the ACF Private Notes who were unaware of this fact when they made their purchases have legitimate reasons to complain, and to file claims against Aequitas principals and the advisors who sold those notes. The law requires that investors be told all of the material facts if they are solicited to make a purchase.
So far we don’t know whether the other Aequitas programs also used new investor money to pay existing investors, but we will find out.
Samuels Yoelin Kantor securities attorneys Robert Banks and Darlene Pasiczny are heading up the Aequitas investigation. Mr. Banks recently updated concerned investors with information regarding their choices for pursuing recovery. Please contact our office to discuss your situation confidentially. You can call 800-647-8130 or reach us by email firstname.lastname@example.org or email@example.com