SEC alleges firm inflated AUM to attract clients

JAN 01, 2012
A Chicago investment adviser and its principal lured investors into two funds of hedge funds the firm managed by “grossly exaggerating” the firm's assets under management and making other false and misleading statements, according to the Securities and Exchange Commission. According to a complaint filed by the SEC's enforcement division, Calhoun Asset Management LLC and principal Krista Lynn Ward told one asset management firm — 20 clients of which invested in the Calhoun funds — that Calhoun had grown from $27 million in AUM in 1999 to $200 million in 2006. In fact, the firm had $3 million in assets in 2006 — at most, the SEC said. Ms. Ward also filed numerous false Form ADVs for Calhoun, including one in February 2009 that said the firm had $79.8 million in assets under management, when it really had $7 million, the SEC said. She also misrepresented the assets of another Chicago investment adviser where she was the chief executive, according to the complaint, which was filed last Thursday. The case comes as the commission is waging a campaign to weed out investment advisers who provide inaccurate information on the adviser registration forms. Specifically, the SEC is digging for inaccuracies with regard to information used by investors. This particular case, however, is not the result of that crackdown, said an SEC official. “We believe it's important to take action when an adviser is inflating assets under management in an attempt to attain clients,” said John Sikora, assistant director of the Chicago regional office. The SEC is seeking a cease-and-desist order against the firm and Ms. Ward. John Muldoon, an attorney for Ms. Ward and Calhoun, did not return a call seeking comment. Ms. Ward launched the two funds of funds in 2006, the SEC said. She marketed herself as an experienced hedge fund manager, “despite having no experience in portfolio management,” the SEC complaint said. [email protected]

Latest News

Creative Planning's Peter Mallouk slams 'offensive' congressional stock trading
Creative Planning's Peter Mallouk slams 'offensive' congressional stock trading

"This shouldn’t be hard to ban, but neither party will do it. So offensive to the people they serve," RIA titan Peter Mallouk said in a post that referenced Nancy Pelosi's reported stock gains.

Raymond James hauls Ameriprise advisors managing $1.1B in New York
Raymond James hauls Ameriprise advisors managing $1.1B in New York

Elsewhere, Sanctuary Wealth recently attracted a $225 million team from Edward Jones in Colorado.

Cetera debuts new alts allocation portfolios for accredited investors
Cetera debuts new alts allocation portfolios for accredited investors

The giant hybrid RIA is elevating its appeal to advisors with a curated suite of alternative investment models, offering exposure to private equity, private credit, and real estate.

Steward Partners expands in California with $1.1 billion RIA acquisition
Steward Partners expands in California with $1.1 billion RIA acquisition

The $40 billion RIA firm's latest West Coast deal brings a veteran with over 25 years of experience to its legacy division for succession-focused advisors.

Invictus managers withhold $10M, trigger ERISA asset showdown
Invictus managers withhold $10M, trigger ERISA asset showdown

Invictus fund managers allegedly kept $10 million in plan assets after removal, setting off a legal fight that raises red flags for wealth firms.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.