‘Portfolio pumping’ scheme foiled by SEC

San Francisco hedge fund MedCap Management & Research LLC and its principal, Charles Toney, were charged today by the Securities and Exchange Commission with reporting misleading results by “portfolio pumping.”
OCT 16, 2008
By  Bloomberg
San Francisco hedge fund MedCap Management & Research LLC and its principal, Charles Toney, were charged today by the Securities and Exchange Commission with reporting misleading results by “portfolio pumping.” The fraud allegedly occurred when MedCap Partners LP, a hedge fund run by MedCap Management & Research and Mr. Toney, was suffering from dramatic losses and facing increasing redemptions from fund investors in September 2006. Over the last four days of that month, the SEC alleges that Mr. Toney placed numerous buy orders for a thinly traded over-the-counter “penny” stock in which MedCap was heavily invested, causing the stock price to more than quadruple to $3.72. The brief boost in the stock’s price inflated MedCap’s reported value by $29 million, masking what would have otherwise been a 40% quarterly loss, the SEC said. Mr. Toney did not disclose to investors that the fund’s improved performance was due to his purchasing spree, the SEC said. MedCap Management & Research also charged fees to the fund based on the inflated quarter-end asset value, the SEC alleges. “Fund investors relied on [MedCap Management & Research] and Toney to abide by their fiduciary duties and put the fund’s interests ahead of their own,” Marc Fagel, regional director of the SEC’s San Francisco office, said in a release. “Instead, Toney engaged in trading activity which hid his poor performance.” MedCap Management & Research and Mr. Toney agreed to cease and desist from violating the antifraud provisions of the Investment Advisers Act without admitting or denying guilt. MedCap is to pay back more than $70,000 in higher management fees, and Mr. Toney agreed to pay a $100,000 penalty and to be barred from the investment advisory business for a year. An attorney representing the firm and Mr. Toney did not return a call for comment.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.