Adviser pleads guilty to $18 million fraud scheme

Adviser pleads guilty to $18 million fraud scheme
Fred Elm of Elm Tree Investment Advisers claimed he could get investors access to pre-IPO shares of tech companies
MAY 15, 2020
By  Bloomberg

The head of an investment firm who claimed to have access to shares in tech companies like Uber Inc. and Twitter Inc. ahead of their initial public offerings admitted swindling investors out of more than $18 million.

Fred Elm, 51, the founder of Fort Lauderdale, Fla.-based Elm Tree Investment Advisers, pleaded guilty to conspiracy and securities fraud charges in Manhattan federal court Friday, agreeing to forfeit more than $8.3 million.

Prosecutors have agreed to seek a maximum prison term of 17½ years and a fine of no more than $400,000 when Elm is sentenced on Aug. 7.

According to their 2016 indictment, Elm, also known as Frederic Elmaleh, and Elm Tree executive Ahmad Naqvi lured investors by claiming they had contacts at tech venture capital firms like Kleiner Perkins Caufield & Byers and Benchmark Capital who could give them access to pre-IPO shares.

Along with Uber and Twitter, Elm and Naqvi also touted their ability to get investors into in-demand companies like Alibaba Group Holdings Inc. and Square Inc.

A large portion of the money they collected from more than 50 investors wound up going to personal spending by the two men. Elm bought a $1.75 million house, $130,000 worth of jewelry and luxury cars worth $300,000, including a Bentley and a Maserati.

Elm and Naqvi invested around $7 million of the money, though not in the tech companies they claimed. Their firm never made a profit and lost almost $4 million in 2014.

Naqvi was arrested in Canada, extradited to the U.S. in November and pleaded guilty earlier this month. He faces as long as five years in prison when he’s sentenced June 29. Elm fled to Canada in June 2017, a week before he was originally scheduled to plead guilty, and was extradited in January.

The case is U.S. v Elm, 16-cr-356, U.S. District Court, Southern District of New York.

Latest News

Departing Gurbir Grewal took the SEC "into new territory"
Departing Gurbir Grewal took the SEC "into new territory"

Having led the division of enforcement since 2021, Grewal's tenure included record penalties against firms for securities-law violations.

Choosing the name of your new RIA is "like getting married"
Choosing the name of your new RIA is "like getting married"

Name for new business should consist of values, beliefs and "the why", advisors say

B. Riley sees another top advisor jump ship
B. Riley sees another top advisor jump ship

“It makes you wonder what’s next,” says one recruiter.

Vanguard Charitable cheers $20B grant milestone
Vanguard Charitable cheers $20B grant milestone

The leading non-profit and donor-advised fund sponsor cited exponential growth in giving, particularly among long-term philanthropic investors.

Focus Financial partner Kovitz to absorb Fort Pitt Capital
Focus Financial partner Kovitz to absorb Fort Pitt Capital

The latest development will add $5.9B to the Chicago-based powerhouse while extending its reach in Pennsylvania.

SPONSORED Leading through innovation – with Tom Ruggie of Destiny Wealth Partners

Uncover the key initiatives behind Destiny Wealth Partners’ success and how it became one of the fastest growing fee-only RIAs.

SPONSORED Client engagement strategies, growth and retention in the down markets

Key insights from Gabriel Garcia on adapting to demographic shifts and enhancing client experience in a changing market