Navin: If you could ask Jerome Powell a question what would it be? James McDonald, CEO at Los Angeles-based alternative investment manager Hercules Investments has a trade which would profit from the stock market dropping back to March lows. woke up and found that McDonald was gone, leaving his car (with the keys inside) in D.J.s driveway. From this, the Court is hard pressed to make any finding as to what, if any, payments are due to the judgment creditors for purposes of assignment to plaintiff. I took full advantage of my 2nd chance and was blessed to play semi-pro football for 13 years. (Lindemann Decl. 3.). For the foregoing reasons, the motion is DENIED. Plaintiff Semyon Ginzburgs Motion for Order Assigning Right to Payment Due to Satisfy Judgment is DENIED. (Lindemann Decl. 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,. Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. 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, authorities said. 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. Accounting and Auditing Enforcement Releases. ", Read more: 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. Led the design, development, and rollout of investment management, financial planning, and lending standards and practices to the bank's High Net Worth clients. Prior to that he was CIO of Vishnu Wealth Management and CEO. In an initial declaration, counsel for plaintiff confusingly and without providing context, corroboration, or support states: The settlement agreement underlying the Judgment, and communication, refers to the fact that the payment will come from the Ascot insurance policy. (Lindemann Decl. 2022-08-16, California Courts Of Appeal | Other | The Judge overseeing this case is MARGARET MILLER BERNAL. No recommendations are made by the author of the blog one way or the other. 4; Brown Supp. 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. VS TRILLER HOLD CO LLC, ET AL. James McDonald, CEO of Hercules Investments, told Yahoo Finance's "The First Trade" that the president and his advisors so far have paid close attention . Web page addresses and e-mail addresses turn into links automatically. First, the judgment was entered on December 9, 2021. To stop this, we will need to lock down the economy again and this will inevitably trigger the beginning of a recession. Track. Why is this public record being published online? Because in addition to unemployed, he can also now call himself whistleblower.. A new strain of COVID-19, historically elevated tech . November's blockbuster jobs report. Hercules Investments was founded by James McDonald, who previously was founder and CEO of Index Strategy Advisors. 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. Anyone with information about McDonalds whereabouts is encouraged to call the FBIs Los Angeles Field Office at (310) 477-6565. Produce all communications (including e-mails, text messages, or messages from any messaging service) between James McDonald and Justin Bunnell. (See Hood v. Gonzales (2019) 43 Cal.App.5th 57, 71 [interpleader is an equitable proceeding where the conflicting claims regarding the interpleaded funds are resolved]. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. Always do your own independent research, due diligence and seek professional advice from a licensed investment advisor. But what really got my attention was the security that empowered Lewis to make history: junk bonds. McDonald could not be reached for comment. 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. ET by Tomi Kilgore. Clients began asking Hercules employees about losses in their accounts, and since McDonalds compensation primarily was based on a percentage of his clients assets (typically around 2% ofAUM at Hercules), thelosses meant steep declines in McDonalds own earnings, according to the DOJ. The complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties against McDonald and Hercules. The opposite is true of course. How did you first become interested in markets? 2021-11-16, Los Angeles County Superior Courts | Property | McDonald: Conservative investors should move to money market funds or treasuries and wait for the crash to happen. Hercules Investments Location 633 W 5th St Ste 6770, Los Angeles, California, 90071, United States Description Read More Industry Finance General Finance Public Information Officer 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. When do you expect value stocks to take the lead again, if ever? When investors DONT want to own an asset, they are willing to lower their price to sell it, causing markets to fall. Navin: Growth has been beating value for a number of years now. (See Ex Parte App. Miraculously in 2006, I found an orthopedic surgeon who fixed my knee and I got back on the field at the age of 35. Look at what happened in February when the virus became known. By December 2020, Hercules clients were complaining to company employees about the losses in their accounts. For all the foregoing reasons, the motion is DENIED. If you're an investor, you'd want to look much deeper into each of these situations. Could you describe what you mean by that? Secure .gov websites use HTTPS 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. 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, Preparing Investment Portfolios for a 2021 Stock Market Crash, on Thursday, January 14, 2021 at 3pm EST. 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. are slashing up to 20% of their workforce. 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). 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. Full content visible, double tap to read brief content. Now he's wanted on fraud charges. Things are escalating quickly for the folks behind StraightPath Venture Partners. If Trump wins, his handling of the virus may result in its prolonged detrimental effect on a recovery. However, there is no proof of service indicating that the supporting declaration, amended declaration, or proposed order were served on debtors. ), Under CCP 708.120, the examination of a third party in a postjudgment proceeding is limited to exploring the third partys possession of the judgment debtors property or any debt owed the judgment debtor. (Fox Johns Lazar Pekin & Wexler, APC v. Superior Court (2013) 219 Cal.App.4th 1210, 1222; see also CCP 708.120(a) [Upon . 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. Why Should White Guys Have All the Fun by Blair Walker. James McDonald, CEO and Chief Investment Officer of Hercules Investments, a Los Angeles-based Registered Investment Advisor, is hosting a virtual event, 'Preparing Investment Portfolios for a . Generally speaking, if markets crash, the gains in the volatility exposure will offset the losses in an equity portfolio. Finally, one place to get all the court documents we need. 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. Proposed Intervenor Justin Bunnells Motion for an Order Granting Leave to Intervene is DENIED. Previously, McDonald was of counsel to Gary, Williams, Parenti, Watson & Gary, P.L.LC. (See CCP 685.080(b).) 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. 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. Its clock-striking-midnight dealmaking time at the Justice Department. (Lindemann Decl. Does he seek to join in plaintiffs claims against the defendants through the filing of a complaint in intervention? 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. Hercules Investments Chief Executive Officer James McDonald expects additional declines in tech stocks and the broader equity market. 4.) Service shall be made personally or by mail. The proof of service indicates that debtors were served the motion by mail. Decl. 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. 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. 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. And the best part of all, documents in their CrowdSourced Library are FREE! 2.) James McDonald went from being CNBC market pundit, media darling and self-proclaimed options guru to a fugitive in hiding and on the run. in Economics. 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. The founder of a Chicago megachurch has been fired as its leader. that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt]. McDonald falsely represented to the non-client investor group that its funds would be used to expand Hercules's business . A locked padlock 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. VS DANNY MICHAEL CORRAL, ET AL. 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. (Lindemann Decl. scott@strategyvoiceassociates.com, Internet Explorer presents a security risk. - The dangers of too much fiscal and monetary stimulus Indeed, such other claims may be substantial and the subject of an interpleader action in this Court. In late 2020, McDonald lost between $30 million and $40 million of Hercules client money after adopting "a risky short position" based . . McDonald graduated from Harvard University with a Bachelors degree in Economics. Enhancements you chose aren't available for this seller. Strategy Voice Associates, LLC 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. My plan to write a $2-$3 billion dollar check for a franchise? He then misappropriated those funds in various ways, including spending roughly $174,610 of them at a Porsche dealership. Curtis A. Kineffective 06/14/2021; Reason: Inventory Transfer, DocketNotice of Case Reassignment; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by: Clerk, DocketCase assigned to Hon. Updated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. He recommended investors have exposure to volatility instruments, which can offset losses in core holdings if markets fall. 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. "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. It looks like WhatsApp is not installed on your phone. . This is the story of how his charm and 'hubris' was so powerful, after one of his presentations, someone asked if they could join his cult. Instead, the SEC alleges, McDonald misappropriated more than $1 million of the funds for personal expenses, including luxury vehicles and paying rent on his home, and misappropriated more than $2 million of the funds for Ponzi-like payments, payments to his Hercules' investment adviser clients and expenses associated with operating Hercules. Yet only 14.5% of the global market has been penetrated. 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. 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. Given these circumstances, McDonald said, the S&P 500 could crash to 1,900 if investor sentiment suddenly turns negative. You can lose money trading or investing in stocks and other instruments. 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. This is the best and simplest approach, but these securities should not be traded by novice investors. McDonald will also be speaking at The Executives Club of Chicagos 2021 Annual Economic Outlook virtual event on January 14. Please try again. ), 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.) 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. (whos only identified as suchin the complaint) a laptop and cell phone to secretly communicate with McDonald, as well as a thumb drive containing information about which clients were owed money. Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses. 312 North Spring Street James Mcdonald Email & Phone Number Chief Executive Officer @ Hercules Investments 5 free lookups per month. Read more about Hercules Capital's Fourth Quarter and Full-Year 2022 Results Life Sciences Technology SaaS Finance Sustainable + Renewable For those willing to take risk and or those who dont want to liquidate their securities, we recommend buying volatility with a 10-15% allocation in their portfolio. 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. Access your favorite topics in a personalized feed while you're on the go. NDAQ 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. 2022-01-24, Los Angeles County Superior Courts | Contract | There are 0 customer reviews and 1 customer rating. A North Richmond native, McDonald, his wife Mary Ann and their two daughters moved to Hercules in 1984. 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. According to the complaint, McDonald falsely represented that investor funds would be used to expand Hercules's business, lied about the firm's financial condition, and failed to disclose that he had promised Hercules clients that the firm would repay earlier losses. The SEC also filed a complaint against the registered investment advisor. The stock market is a big auction house. Registered in England and Wales. The SEC noted that McDonald was previously a guest commentator for CNBC -. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (CCP 387(c).). 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. An official website of the United States government. Navin: What book or books would you recommend for someone interested in learning about markets? James McDonald has been working as a Chief Executive Officer at Hercules Investments for 3 years. Chowthi said McDonald gave D.J. 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. Lindemann Decl. 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. Approximately $109,512 was transferred to the landlord of a home McDonald was renting in Arcadia; and approximately $6,800 was spent on a website that sells designer menswear. Hercules Investments CIO James McDonald on CNBC The Exchange 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. Scott Gamm 4.). James McDonald, CEO and Chief Investment Officer of Hercules Investments, will serve as Portfolio Manager of the Hercules Fund. McDonald was the CEO of Los Angeles County-based Hercules Investments and Index Strategy Advisors Inc., prosecutors said. V.P., Director of Strategic Initiatives, BBVA Compass, Houston, TX, 2002- 2006 Direct report to the CEO of the $12 Billion AUM Wealth Management Group (WMG). The Securities and Exchange Commission (SEC) has filed a civil injunctive action against James Arthur McDonald, Jr. 2022-01-10. ), While BNSK may have previously been in possession of funds that may be used to satisfy the judgment in plaintiffs favor entered in this action, the settlement funds from Herculess insurer have now been deposited into a court account, the allocation of which will be determined in an interpleader action. . "As we see now, eventually reality strikes and changes things overnight. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Step 1) Become the best index options trader in the world, and I am very confident that today I have done that. There are dozens of ratios stemming from a/d that consistently benefit the type of active investing we do and they give us clarity on the sentiment of investors as it shifts back and forth between greed and fear. The SEC appreciates the assistance of the U.S. Attorney's Office, the Federal Bureau of Investigation, and the Internal Revenue Service-Criminal Investigation Division. ) or https:// means youve safely connected to the .gov website. James Arthur McDonald Jr., 50, formerly of Arcadia and who is believed to be in hiding, is charged with one count of securities fraud, a crime punishable by up to 20 years in federal prison. Accordingly, the claim of 531.4 hours is insufficiently supported. McDonald projected that the COVID-19 pandemic and the election would result in major selloffs that would cause the stock market to drop. Case Number: *******9709 Hearing Date: February 15, 2022 Dept: 72. 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. 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. In early 2021, McDonald solicited millions of dollars' worth of funds from investors in the form of a purported capital raise for Hercules but misrepresented how the funds would be used and failed to disclose the massive losses Hercules previously sustained. Virus became known security risk 's, Inc. v. Kahl & Goveia Commercial Real Estate ( 2017 ) 11 509... Hearing Date: February 15, 2022 Dept: 72 seek to in... 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