SEC bars owner of investment advisory firm for misusing $2.2 million in client funds

SEC bars owner of investment advisory firm for misusing $2.2 million in client funds
Caleb R. Overton raised the money to invest in an S&P 500 ETF but instead allegedly played options and lost all but $34,000 in a little over a year.
AUG 22, 2018

The Securities and Exchange Commission barred the sole owner of a California-based registered investment adviser for misleading investors and making trades in risky stock options. From at least June 2014 to August 2015, Caleb R. Overton and his firm, Biltmore Wealth Management, raised about $2.2 million from 10 investors for a private fund called Biltmore Capital. While Mr. Overton claimed the fund would invest primarily in leading growth stocks, he and his firm instead made substantial trades on the SPDR S&P 500 ETF, which attempts to replicate the returns of the S&P 500. After placing a series of trades in SPY options in August 2015, Mr. Overton decimated the private fund, which lost nearly all, or more than 98%, of its value and held approximately $34,000 at the end of that month. Following the losses, Mr. Overton closed the fund and distributed the remaining balance to investors. The fund was canceled by California in November 2015. Mr. Overton and Biltmore could not be reached for comment. (More: Elizabeth Warren: Wall Street influence weakening SEC advice rule) Of the 10 investors, eight were pre-existing clients, seven were 60 years or older, six invested funds from retirement savings and four were unaccredited. Biltmore earned fees for the fund approximating $22,580. While Mr. Overton told investors that the fund's risk would be mitigated by "stops," which would cap losses at 7% to 8%, the fund often exceeded those limits. In monthly letters to investors, they failed to disclose the fund's options trading, like SPY options. Biltmore has about 190 clients and $30 million in total client assets. Biltmore and Mr. Overton are liable for disgorgement of $23,043 to be paid over the next two weeks. They have also been fined a civil penalty of $160,000, which will be paid over the next year.

Latest News

WallStreetBets takes on the SEC — and makes a surprisingly sharp case
WallStreetBets takes on the SEC — and makes a surprisingly sharp case

The Reddit trading community's formal comment letter against the proposal is drawing widespread attention across finance and tech circles.

Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale
Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale

RIA aggregator adds $4.8 billion in client assets across seven states as demand grows for alternatives to traditional succession models.

Beyond wealth management: Why the future of advice is becoming more human
Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up
Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up

Shareholder targets FS KKR Capital's directors over alleged portfolio valuation and dividend missteps.

UBS loses $1.2 million arbitration claim linked to variable annuities and margin
UBS loses $1.2 million arbitration claim linked to variable annuities and margin

UBS has a history of costly litigation stemming from the sale of volatile investment products.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline