Navin: What are you recommending for conservative investors? Moreover, the claimed fees are insufficiently supported. Second, the Court file reflects that the motions which creditor filed have been unsuccessful. 2, 5 & Ex. 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. If you do not agree with these terms, then do not use our website and/or services. If Trump wins, his handling of the virus may result in its prolonged detrimental effect on a recovery. As explained by Mr. Brown: [Defendant] Hercules [Investments, LLC] retained BNSK [i.e., Browns firm] for legal representation relating to insurance coverage and a Settlement Agreement was reached. 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. Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses. 633 W 5th Street, Los Angeles, CA 90071 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. To the extent the requested documents may serve as evidence the settlement was intended to satisfy plaintiffs claims asserted in this action (or was somehow made in bad faith to cheat plaintiff), discovery for that purpose may be germane to plaintiffs claims of equitable entitlement to the funds deposited in the interpleader action and must be sought in connection therewith. 2022-08-16, California Courts Of Appeal | Other | "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. Fri, Feb 12 20212:08 PM EST RELATED 00:00 James McDonald's advice to the. 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. 312 North Spring Street 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,. LOS ANGELES, July 23, 2020 /PRNewswire/ -- Hercules Investments, a Los Angeles based Registered Investment Advisor and Independent Wealth Advisor, has announced the hire of Loreal McDonald as . 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. Then its fine. Case Details Parties Documents Dockets. BROWN NERI SMITH & KHAN LLP, A LIMITED LIABILITY PARTNERSHIP, AND LAW FIRM VS JAMES A. MCDONALD, ET AL. 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. From what we see, there is still a clear disconnect between markets and the health of the economy. My investigation has revealed that McDonalds fraudulent capital raise is part of a broader pattern of deceptive conduct, which includes the creation of false account statements for ISA clients, his ongoing misrepresentation to clients that ISA was a registered investment adviser even after he had terminated its registration, and even misleading statements about his educational background, according toFBI Special Agent Robert Chowthi, according to the criminal complaint. Suite 1200 He was named a "rising star" advisor in 2012 by ETF.com, frequently appeared on CNBC as a market analyst, including on "Fast Money" and "The Exchange," and Hercules Investments won a. Work Biography for James McDonald, Hercules Investments. Curtis A. Kineffective 06/14/2021; Reason: Inventory Transfer 06/14/2021 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. A North Richmond native, McDonald, his wife Mary Ann and their two daughters moved to Hercules in 1984. Id rather my 72-year-old retired mom own a stable dividend stock right now than a FAANG! . (Lindemann Decl. Some property owners may prefer this information be james mcdonald hercules investments net worth confidential, we are licensed to display information. If the stock market falls by say 20-40 percent, you can expect a vol instrument such as UVXY or VOLQ to gain 100-200% so purchasing long-dated call options on those vehicles could deliver gains of 10X the gains on the instrument itself. 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. (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. Shipping cost, delivery date, and order total (including tax) shown at checkout. (Brown Decl. Hercules Investments was founded by James McDonald, who previously was founder and CEO of Index Strategy Advisors. LOUI RUDAS, ET AL. How did you first become interested in markets? For this reason alone, the motion should be denied. VS HERCULES INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. Look at what happened in February when the virus became known. 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. options. (Lindemann Decl. 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. But some clients discovered Hercules plight, and confronted McDonald on a phone call in March 2021, while McDonald continued to send ISA clients false account statements, according to Chowthis complaint. 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. McDonald: Our calculations put the S&P at 2,889 and the Dow at 23,740by inauguration and if Biden wins, S&P 1,800 and Dow 15,000 by August 2021. Now he's wanted on fraud charges. A thought-leader in education with a well-rounded background that includes hands-on and comprehensive experience identifying and addressing student differences in background, experiences,. Or before an SEC investigator. Being able to identify the turning points in sentiment is our secret to success. "Risks here are as high or higher than potential gains, so it only makes sense to have a defense in place," McDonald concluded. November's blockbuster jobs report. The case status is Other. According to Chowthi, D.J. The opposite is true of course. This item can be returned in its original condition for a full refund or replacement within 30 days of receipt. 2022-01-21, Los Angeles County Superior Courts | Contract | We'll be covering the markets, what stocks to look out for and more! (See Brown Decl. Accounting and Auditing Enforcement Releases. A CNBC spokesperson told USA TODAY the network no longer allowed McDonald on the air as soon it found out he was under investigation. The SEC further alleges that, from February 2021 to October 2021, McDonald raised $1.5 million through the sale of equity investments in Hercules's business. Creditor seeks fees for 531.4 hours incurred at an hourly rate of $500 for collecting and enforcing the settlement agreement and judgment between August 17, 2021 and September 1, 2022. James Zell McDonald (born March 29, 1961) is a former American football tight end in the National Football League. When investors DONT want to own an asset, they are willing to lower their price to sell it, causing markets to fall. According to the DOJ, McDonalds troubles began after taking risky short positions in 2020, betting that the U.S. economy, and the stock market,would crater due to the COVID-19 pandemic and the 2020 presidential election. Currently, S&P 500 price levels imply that the economy is stronger now and will be stronger in the short-term future than it was PRIOR to the beginning of the pandemic. Could you describe what you mean by that? 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. In a parallel action, the United States Attorney's Office for the Central District of California announced criminal charges against McDonald. . Navin: What indicators do you follow to read the markets? The best way to follow the money is to identify advancers versus decliners across as many industries, sub-sectors, regions, and asset classes as possible. (See CCP 685.070(a) [listing costs that creditor may claim].). (Reply at 3.) Web page addresses and e-mail addresses turn into links automatically. 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. Prior to that he was CIO of Vishnu Wealth Management and CEO. 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. Read more: BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. 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. Of course, like most of the people brought on by CNBC to explain how the market will react to certain things (like talking heads on any subject on any 24-hour news channel), being generally right about those things was not a booking requirement. 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. 1718 Harriman Ln Redondo Beach, CA 90278 . I knew from the first time I stepped on the field at 11 years old that I wanted to be an NFL linebacker; and today at 49 years old, I still wish I could play in the NFL! Read more about Hercules Capital's Fourth Quarter and Full-Year 2022 Results Life Sciences Technology SaaS Finance Sustainable + Renewable ), Pursuant to CCP 187 and 708.130, a judgment creditor may conduct postjudgment discovery on third parties regarding the location of assets no longer in the possession of the third party. (Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate (2017) 11 Cal.App.5th 509, 511, 514-15.) Plaintiff Semyon Ginzburgs Motion for Order Assigning Right to Payment Due to Satisfy Judgment is DENIED. McDonald: If you mean beating as in performing better in terms of absolute returns, then the answer is never. 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. Amazon has encountered an error. 3.). 5.) To stop this, we will need to lock down the economy again and this will inevitably trigger the beginning of a recession. 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. Includes initial monthly payment and selected options. Moreover, creditor claims $149 for gas and mileage. Step 1) Become the best index options trader in the world, and I am very confident that today I have done that. 4.) 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"}]. Prior to that he was CIO of Vishnu Wealth Management and CEO of Index Strategy Advisors. | By . There are 0 customer reviews and 1 customer rating. James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment opportunities in the technology industry and the new FAANGS. 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. Because in addition to unemployed, he can also now call himself whistleblower.. But what really got my attention was the security that empowered Lewis to make history: junk bonds. last spoke to McDonald on Nov. 18, when he admitted to taking clients money without investing it; McDonalds accounts for his phone and email address have since been terminated. A locked padlock Search our database of over 100 million company and executive profiles. This is the story of the James McDonald and the rise and fall of Hercules Investments. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Track. By December 2020, Hercules clients were complaining to company employees about the losses in their accounts. Public Information Officer Plaintiff and judgment creditor Semyon Ginzburgs Motion for an Order Awarding Post-Judgment Costs and Attorney Fees Incurred in Enforcing Judgment is DENIED. 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. James McDonald went from being CNBC market pundit, media darling and self-proclaimed options guru to a fugitive in hiding and on the run. Pursuant to CCP 708.510, a judgment creditor may seek by way of noticed motion an order that the judgment debtor assign to the judgment creditor all or part of a right to payment due or to become due. (CCP 708.510(a).). brookstone therapeutic percussion massager with lcd screen; do nigel and jennifer whalley still own albury park Bring your club to Amazon Book Clubs, start a new book club and invite your friends to join, or find a club thats right for you for free. ), Case Number: *******9709 Hearing Date: March 10, 2022 Dept: 72. James McDonald, founder and CEO of Hercules Investments, has some advice for the next generation of Black Americans, "Go after what you want and be all that you can be." Tue, Feb 9. 1/6/2023: Notice of Change of Address or Other Contact Information, 10/11/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST) OF 10/11/2022, 10/11/2022: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest, 10/11/2022: Notice - NOTICE OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 10/11/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST), 9/13/2022: Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Motion for Order - MOTION FOR ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Declaration - DECLARATION OF SEMYON GINZBURG IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 7/18/2022: Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT NOA 4/29/22 B321138, 7/5/2022: Appeal - Ntc Designating Record of Appeal APP-003/010/103, 6/20/2022: Appeal - Notice of Default Issued, 5/9/2022: Notice of Filing of Notice of Appeal (Unlimited Civil) - NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED CIVIL) 614, 4/29/2022: Appeal - Notice of Appeal/Cross Appeal Filed, 5/3/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID O), 4/25/2022: Reply - REPLY PLAINTIFFS REPLY IN FURTHER SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID OF ENFORCEMENT OF JUDGMENT AND ENTRY OF PROTECTIVE ORDER TO ALLOW PRODUCTION OF ANY DOCUMENTS THAT, DocketNotice of Change of Address or Other Contact Information; Filed by: Semyon Ginzburg (Plaintiff), DocketUpdated -- 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, DocketNotice OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff), DocketMemorandum 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, DocketMinute Order (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST), DocketCertificate of Mailing for (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST) of 10/11/2022; Filed by: Clerk, DocketHearing 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, DocketRequest for Refund of Reporter Appeal Transcript Deposit Affidavits attached NA4/29/22; Filed by: Clerk, DocketUpdated -- 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, DocketMotion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff). Updated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. 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. 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. Second, between February and October 2021, McDonald offered and sold equity investments in Hercules itself, raising $1.5 million from two types of investors: one non-client group and two existing individual Hercules clients. The stock market is a big auction house. Why? Responsible for all Global Security Operations including loss prevention, investigations, emerging technology . 2022-01-24, Los Angeles County Superior Courts | Contract | 5.) [3] 2021-02-22, Los Angeles County Superior Courts | Contract | 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. Or does he seek to defend against plaintiffs claims against defendants through the filing of an answer in intervention? Our estimate is that stock prices need to come down 20-50% to reflect COVID-19-impacted U.S. economic activity. A new strain of COVID-19, historically elevated tech . And, also, relatedly and with the prospect of decades in prison attach, conspiracy and fraud. On February 15, 2022, creditors motion for order assigning right to payment was denied. ) or https:// means youve safely connected to the .gov website. ${cardName} unavailable for quantities greater than ${maxQuantity}. As soon as we found out he was under investigation, we no longer allowed him on our air, said a CNBC spokesperson. 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. (See Ex Parte App. In late 2020, McDonald lost tens of millions of dollars of Hercules client money after adopting a risky short position that effectively bet against the health of the United States economy in the aftermath of the U.S. presidential election. Scott Gamm There was a problem loading your book clubs. 2.) 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. A complaint contains allegations that a defendant has committed a crime. (*******9709). 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. You mean beating as in performing better in terms of absolute returns, do. Today the network no longer allowed McDonald on the air as soon it found out was. Self-Proclaimed options guru to a fugitive in hiding and on the air soon..., and order total ( including tax ) shown at checkout Name Suffix from. Date, and order total ( including tax ) shown at checkout does seek! Smith & KHAN LLP, a California LIMITED LIABILITY PARTNERSHIP, and order total ( including tax ) shown checkout. 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