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WWW Briefs: Affinity Fraud in Minnesota .. Losing Covered-Call Program ..
- Affinity Fraud Hit Minnesota's Indian-American Community.
- A 'Losing' Covered-Call Equities Trading Program in Georgia.
- Clueless CA. AXA Broker/Adviser Sold Oil & Gas Investments Away From Firm.
1. Affinity Fraud Hit Minnesota's Indian-American Community. The SEC charged a Minnesota resident with operating a fraudulent scheme that took advantage of his cultural affinity and shared religious heritage with that state's Indian-American community. Mr. Patel is alleged to have raised at least $2.5 million from at least 5 individuals, and, from at least 2008 through the present, he allegedly received millions more from dozens of other individuals. All assets under his control were frozen. The SEC found that Patel’s scheme had 2 parts:
- Patel sold at least 4 investors nearly $1.4 million of promissory notes, falsely promising a low-risk stock option trading strategy, guaranteed fixed monthly returns of 1-2% from trading profits, and guaranteed repayment of their principal. He misappropriated over $572K, and pooled the rest with his personal brokerage accounts, where he traded with a self-described high risk and speculative strategy called Iron Condor. Nearly all investor money was lost.
- Patel persuaded at least 4 investors to grant him “limited trading authority” over at least $1.1 million in additional funds deposited in investors’ online brokerage accounts, promising to trade on their behalf using a safe and conservative strategy. High risk trading and speculative investments resulted in another $950K in net losses. [SEC Litigation Rel. 21790, 12/22]
2. A Fraudulent and Losing Covered-Call Equities Trading Program in Georgia. The SEC charged a Georgia man and his 2 related entities with making false and misleading statements in connection with an unregistered covered-call equities trading program. Kenneth Burnt, through Perimeter Wealth Financial Services and KSB Financial, allegedly raised $4.5 million from more than 20 investors by promising: (i) guaranteed annual investment returns of 8% - 12%; (ii) advisory fee payouts after investors earned 8% minimum annualized returns; and (iii) any principal losses or shortfalls to the guaranteed returns would be contractually covered by a reserve account funded by defendants. Representations were false, and Burnt drew down his fees from the "get-go" and the purported reserve account was inadequately funded. From inception through 11/30/10, the covered-call program has incurred 15% losses. [SEC Litigation Rel. 21789, 12/22]
3. Clueless CA. AXA Broker/Adviser Sold Oil & Gas Investments Away From Firm. The SEC charged a former Irvine, CA, broker and investment adviser with AXA Advisors with making material misrepresentations and omissions on oil and gas ("O&G") working interests sold to clients from August 2008 to November 2009. Ms. Sabado allegedly erred re: risks of the returns, projected returns and her family’s investment. Six clients purchased nearly $500,000 in working interests in Halek Energy oil and gas leases. Sabado earned commissions ranging from 8% to 10% for each sale; she was paid in the form of working interests. Among Sabado's misrepresentations and omissions:
- She had no experience selling or investing in O&G working interests, and she did no meaningful due diligence on Halek Energy or the investments it was selling.
- She violated AXA policies by selling the interests outside of the firm, and had not sought the firm's prior approval.
- She misrepresented that some clients could expect monthly “dividends” of $1,200 to $2,500, beginning within 3 months of their initial investment.
- She falsely represented to some that her family invested in Halek Energy, upon which they were receiving $5K a month.
- She failed to adequately disclose the risks involved in the O&G investments, telling clients that the project included a proven well and that they “most likely” would receive the promised returns.
- She misrepresented to Halek Energy (in subscription documents) that one of her clients was a sophisticated, accredited investor, when in reality he was a financially unsophisticated 24-year-old blind man who sought a safe, income-producing product for over $139,000 he received as part of the settlement of a lawsuit over the accident that caused his blindness.
- She continued to solicit other Halek Energy O&G sales even after earlier clients complained that they weren't receiving the promised returns. [SEC Litigation Rel. 21789, 12/22]

