Elm Tree Investment Advisors executives charged in $17 million fraud

Elm Tree Investment Advisors executives charged in $17 million fraud
Firm's founder and COO accused of running Ponzi scheme using supposed investments
JUN 16, 2016
Elm Tree Investment Advisors LLC founder Fred Elem and the firm's chief operating officer were charged in Manhattan with running a $17 million fraud scheme. The executives of Florida-based Elm Tree are accused of falsely claiming they had access to pre-initial public offerings because of their business relationships with “leading” venture capitalist firms, according to a complaint filed in federal court. Elm and COO Ahmed Naqvi induced more than 50 investors to put in more than $17 million based on false representations that their funds would be put into privately held companies like Twitter Inc., Alibaba Group Holding Ltd. and Uber Technologies Inc., according to the U.S. Investors' money was commingled in a single account and only about $7.1 million was actually invested, said Manhattan U.S. Attorney Preet Bharara. What the two didn't lose in securities trading, Elm allegedly spent for personal expenses, including the purchase of a $1.75 million home, high-end furnishings, daily living expenses, jewelry and luxury cars including a Bentley, a Maserati and a Range Rover. PONZI SCHEME The two claimed they would take a 2% management fee plus 20% of any profit that Elm Tree earned, the government said. The fund never returned a profit, and the men used about $5.2 million of new investor funds to make payments to earlier investors in what prosecutors said was a Ponzi scheme. They are also accused of generating fictitious oral and written misrepresentations to investors about the business to evade detection, the U.S. said. Mr. Elm, 46, was arrested at his home in Hollywood, Florida, and appeared in federal court in Florida on Wednesday. He was released on an unsecured $2.5 million bond co-signed by his wife, his lawyer, Christopher Bruno, said in a phone interview. Mr. Elm has agreed to appear in federal court in New York early next week to face the charges, Mr. Bruno said. "Mr. Elm recently settled an SEC case in Miami and turned over significant assets to a court-appointed receiver," Mr. Bruno said. "Frankly, we're disappointed with the government's decision to file charges against him." Mr. Naqvi, 47, isn't in custody, said Jim Margolin, a spokesman for Mr. Bharara. Both face charges that include securities fraud, wire fraud and conspiracy and might face as long as 20 years in prison if convicted of any of them. Mr. Elm last month agreed to pay more than $896,000 to the SEC to resolve a civil suit filed against him, according to federal court records in Florida. The criminal case is U.S. v. Elm, 16-mag-02259, U.S. District Court, Southern District of New York (Manhattan). The SEC case is SEC v. Frederic Elm, 15-cv-60082, U.S. District Court, Southern District of Florida.

Latest News

Advisor moves: Atlas tops $1B as Wells Fargo, UBS add bank veterans
Advisor moves: Atlas tops $1B as Wells Fargo, UBS add bank veterans

Wells Fargo adds two bank-channel recruits, UBS lands a JPMorgan Chase veteran, and a multi-family office lifts Atlas past $1B

Advisor mom’s son used her password to log into clients’ accounts, sell deal with conflicts, according to Washington state
Advisor mom’s son used her password to log into clients’ accounts, sell deal with conflicts, according to Washington state

“The state comes down on you in years when you make 40% returns for clients,” said Bill Swayne, the advisor and son of Candace Swayne.

Osaic in talks with Anthropic as AI reshapes advisor workforce
Osaic in talks with Anthropic as AI reshapes advisor workforce

The Independent broker-dealer giant has had “active conversations” with the Claude maker, which is days away from its expected IPO

The retirement milestone advisors aren't tracking
The retirement milestone advisors aren't tracking

For Gen X clients entering life after work, answering the financial question isn't enough to solve the entire retirement equation.

Wealthtech firms target stock pay, pensions and heirs for advisors
Wealthtech firms target stock pay, pensions and heirs for advisors

Tools from Grantd, Income Lab and Healthspan Wealth aim to keep RIAs involved in clients’ biggest money decisions

SPONSORED Best Practices for Engaging Women Around Alternatives

Growing wealth, evolving priorities, and untapped opportunities are reshaping how women approach long-term investing.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.