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Global Business and Financial News, Stock Quotes, and Market Data and Analysis. James McDonald from Hercules Investments, and James Camp, Eagle Asset Management director of strategic income and managing director of fixed income, join 'The Exchange' to discuss the impact . All Rights Reserved. Despite the challenges of Covid, equity markets have pushed to all-time highs on most indexes in a fashion that would suggest there is no risk in the market. In late 2020, McDonald lost between $30 million and $40 million of Hercules client money after adopting "a risky short position" based on his wrong prediction that the stock market would drop. McDonald graduated from Harvard University with a Bachelors degree in Economics. Instead, McDonald allegedly misappropriated more than $1 million of the funds for personal expenses, including luxury vehicles and paying rent on his home, and misappropriated more than $2 million of the funds for Ponzi-like payments, payments to his Hercules investment adviser clients and expenses associated with operating Hercules. Founded on May 26, 2005, GESCO provides private and corporate security services in various regions of the country including Baku, in accordance with the requirements of ISO 9001, ISO 14001, ISO 45001. There are hundreds of companies in the small cap space that dont have the cash to pay their debt. Employment levels have increased slightly, but we are artificially keeping our economy going with stimulus checks and obviously all of the Feds actions. A frequent lecturer and conference speaker, he is a nationally-recognized expert on the topics of macroeconomics, event-driven investing, growth investing, portfolio construction, index investing, exchange-traded funds, digital currencies, and index . Powered and implemented by FactSet Digital Solutions. GESCO is a security company operating in various fields and basing on the principle of physical protection. This material may not be published, broadcast, rewritten, or redistributed. Hercules CEO, CNBC Pundit 'In Hiding' Amid Securities Fraud Charges James Arthur McDonald Jr. appears to be on the lam as he faces as much as 20 years in prison for allegedly defrauding. Check out what's clicking on Foxnews.com. However, as markets continue to thrive, our fund will not follow the path of other downside protection strategies, passive only strategies, which fall precipitously in rising market. The complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties against McDonald and Hercules. Our strategies offer downside protection and even potential upside gains with protracted market downturns. If you or your loved one experienced investment losses, we are here to help. For more of the latest in litigation, regulation, deals and financial services trends, sign up for Finance Docket, a partnership between Breaking Media publications Above the Law and Dealbreaker. Subscribe to RIA Intels thrice-weekly newsletter and follow the publication on Twitter and LinkedIn. or redistributed. He was direct and asked all the questions that were relevant and provided me with very thoughtful feedback and some useful contacts. The actual profits that have been generated and the guidance that has increased are based on a small section of the market. Today, James not only discusses all things volatility but also explains different risk-related techniques professionals can use to keep clients comfortable with their portfolios in the market.. For more information, please see www.hercules-investments.com, Media Contact: Matt Yemma Peaks Strategies 909-633-9396 [emailprotected], Cision Distribution 888-776-0942 Mutual Fund and ETF data provided by Refinitiv Lipper. Describe the ideal client profile. Key stock indexes, which are market cap based, are near record highs. Volatility itself could be owned through a number of securities. The fund is for qualified investors only, and as such mimics many of the features of a hedge fund strategy. Things are escalating quickly for the folks behind StraightPath Venture Partners. Lets call it artificial income and artificial credit for small businesses that are keeping the economy alive. In fairness to James McDonald, television is a much more welcoming venue than an SEC hearing room or courthouse. Mr. McDonald previously was CEO/CIO of Index Strategy Advisors Inc. (ISA) from 2010-2019. The SEC appreciates the assistance of the U.S. Attorney's Office, the Federal Bureau of Investigation, and the Internal Revenue Service-Criminal Investigation Division. Hercules Investments won a 2020 Wealthies Award for being the top Alternative Asset Manager. Furthermore, index options provide compelling risk/return profiles with substantially less risk and volatility than their stock option counterparts.". (Jun 1986 - Sep 2016) 101 Royal Park Dr. Oakland Park, FL 33309. We are able to provide uncorrelated growth, meaning our strategies do not depend on equity markets continuing to rise in order to accomplish gains. I think we will retest the previous lows of last March before buying comes back in. Hercules Investments specializes in actively managed and systematic investment strategies to monetize investment performance from equity market volatility. We do this because we invest in index options, which give us the flexibility to purchase contracts that rise in value when markets fall and to own very misunderstood and often overlooked asset class volatility. And so, this is artificial. What should advisors know about your firm and how you can help them? In early 2021, McDonald "solicited millions of dollars worth of funds from investors in the form of a purported capital raise for Hercules but misrepresented how the funds would be used and failed to disclose the massive losses Hercules previously sustained," the statement said. We want to hear from you. Which was great for McDonald, because he apparently really muffed the market response to a Joe Biden victory over Donald Trump two years ago: He assumed that the ousting of an incompetent demagogue would tank things. Of course, we know that theres tremendous risk, not just to our health, but to the sustainability of small businesses, to the credit and economic security of households and to the outlook for how we will move forward past the pandemic. - The dangers of too much fiscal and monetary stimulus And, also, relatedly and with the prospect of decades in prison attach, conspiracy and fraud. His demeanor was professional and pleasant and I would not hesitate to use him in future matters. We fight to level the playing field between large corporations and the public investor. McDonald falsely represented that investor funds would be used to expand Herculess business, lied about the firms financial condition, and failed to disclose that he had promised Hercules clients that the firm would repay earlier losses. The SEC's complaint, which was filed in the Central District of California, charges McDonald and Hercules with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. Address of QUALITY servIce and relIable guarding, We are constantly workIng and developng to mprove our qualIty of servce. And this is evidenced by us being at valuation levels weve never touched before, even higher than 1929 and 2000-2001. I really enjoyed speaking with you and appreciate you taking the time. First, between May 2019 and October 2021, McDonald, through his control of Index Strategy Advisors, Inc. ("ISA")-an unregistered investment adviser-solicited over $3.6 million from approximately 20 investors for ISA's index hedge fund, the ISA Fund. This fund is for qualified investors only. Fox News Flash top headlines for September 22. Required fields are marked *. Yeah. Hercules' portfolios are designed to achieve aggressive gains whether markets are rising or falling. Wealth Management is part of the Informa Connect Division of Informa PLC. Its not a doomsday picture, but markets are priced right now as if all economic engines are fully up and running. And, now that you, the Justice Department and the SEC mention it, a lot of his stories sound a bit hard to believe. McDonald allegedly raised over $5 million and misappropriated funds for personal expenses and Ponzi-like payments. James Arthur McDonald Jr., 50, was charged with a single fraud count and could face up to 20 years in prison if convicted, the U.S. attorney's office said in a statement. These filings are called "notice filings". Hercules Investments has named Loreal McDonald as corporate counsel and interim chief operating officer. For a free consultation, please call us now at 866-827-3202or complete ourcontact form. I'm Jeff Sonn, an attorney concentrating on securities fraud and consumer class actions. The Hercules Fund aims to generate positive returns during times of rising and falling stock markets. Contact our office today to discuss your case. Of course, like most of the people brought on by CNBC to explain how the market will react to certain things (like talking heads on any subject on any 24-hour news channel), being generally right about those things was not a booking requirement. The affidavit of service states that the summons and complaint were served on James McDonald by service to Beatriz Lima, "as person in charge of the place of business / authorized to accept service on behalf of Hercules Investments, LLC, a California limited liability company at 1718 18 Harriman Lane, #A, Redondo Beach, CA 90278." We are partnering with Nasdaq to put Nasdaq 100 Volatility Index (VOLQ) into our portfolio in a way where investors who have realized great gains from tech can rest assured knowing that in the event of a potential market downturn, our fund will be able to sustain the impact of a declining market and should provide upside. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. It takes time to get back up, but we have had renewed waves of lockdowns in the fall and layoffs. The equity markets have behaved puzzlingly well in 2020 with the backdrop of a global pandemic and lots of uncertainty around the evolution of the coronavirus and its impact on small businesses, households, and way of life. We had to save the economy from going off the cliff with us not being able to operate as normal," McDonald said. In reality, McDonald used less than half of those funds for trading and did not engage in any trading with the funds for long stretches of time. The complaint also charges McDonald with violating Section 206(4) of the Advisers Act and Rule 206(4)-8 thereunder, which prohibit certain transactions by investment advisers. Hercules Investments was founded by James McDonald, who previously was founder and CEO of Index Strategy Advisors. It means that sentiment and greed can move a market in the face of asking for fundamental justification in the short term. Then its fine. Actually, he didnt just assume it: He bet his clients money rather heavily on it, and lost them upwards of $40 million doing so. Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses. James McDonald from Hercules Investments and James Camp, Eagle Asset Management director of strategic income and managing director of fixed income, discuss the impact of the $1.9 trillion coronavirus relief package to the stock and bond markets. Its clock-striking-midnight dealmaking time at the Justice Department. The Judge overseeing this case is MARGARET MILLER BERNAL. Accounting and Auditing Enforcement Releases. How does it factor into your life? The CEO and chief investment officer of Hercules Investment, a Los Angeles-based RIA, saw his college football career cut short by a catastrophic knee injury that sidelined him for 15 years. The ideal client would have a portfolio of stocks that have appreciated with the market and while offering great growth potential is susceptible to a market downturn. The United States Securities and Exchange Commission subpoenaed McDonald to testify before it in November 2021, but - without advance notice - he failed to appear as required. The gap between corporate profits and GDP, or even corporate profits and equity market prices, is wider than its ever been by a long way. Investment adviser firms registered with the SEC may be required to provide to state securities authorities a copy of their Form ADV and any accompanying amendments filed with the SEC. I think we will have another risk event that pulls the market down. "There's a disconnect between Main Street and Wall Street, but we had to do it. And when we look at unemployment now, we say its recovered, but the recovery hasnt brought sufficient growth. The potential for growth is there, but the conditions for growth are not because we are artificially providing income. In late 2020, McDonald lost between $30 million and $40 million of Hercules client money after adopting "a risky short position" based on his wrong prediction that the stock market would drop. We represent investors in claims against negligent brokers and brokerage firms. All rights reserved. Believe It or Not, Its a Great Time To Be a Financial Advisor, Ares Strikes Deal for Office, Naming Rights at Los Angeles Tower, Musks Twitter Sells Off Coffee Makers, Neon Logo in Auction Blitz. He earned a bachelor's degree in economics from Harvard University. You've successfully subscribed to this newsletter! Lets wrap up with football. Now, there are a handful of companies that have flourished in the Covid era, but its a handful of companies. Having traded more than $10 billion worth of options in his 26-year career, McDonald says speculative excess is rampant, citing bitcoin, the SPAC boom, Reddit/GameStop, and elevated valuations. He argues the stimulus package will fail to rehabilitate the economy and thinks investors are too sanguine about the vaccines rollout, citing logistics and trust issues surrounding the vaccine. The S&P 500 is trading at about 23 times projected forward earnings. Now he's wanted on fraud charges. - Why volatility as an asset class is key for 2021, Its important for investors to be prepared for stock market volatility, as the economic outlook remains fragile in 2021, McDonald said. Get this delivered to your inbox, and more info about our products and services. AssetMark CEO Charles Goldman tells RIA Intel that he is focused on acquisitions, helping advisors, and the long term. To send us an e-mail, simply complete and submit the online form below. 2023 RIA Intel, an Institutional Investor Publication. The SEC filed a civil injunctive action against James Arthur McDonald, Jr. and Hercules Investments, LLC in relation to fraudulent securities offerings. CHICAGO JUDGE DENIES BAIL FOR ILLINOIS WOMAN WHO ALLEGEDLY PUSHED 3-YEAR-OLD NEPHEW INTO LAKE MICHIGAN. "I spoke to Mr Sonn on a complex legal matter. WealthManagement.com Staff | Nov 05, 2020. Greg Bartalos (@gregorianchance) is editor of New York City-based RIA Intel. What the Fed did was to protect the economy from going into the abyss. Hercules Investments was founded by James McDonald, who previously was founder and CEO of Index Strategy Advisors. Below are the states with which the firm you selected makes its notice filings. And so, we had that crash and then the desire and the interest in moving back forward. The Exchange James McDonald's advice to the next generation Hercules Investments CEO and CIO James McDonald offers his advice to the next generation of Black Americans. McDonald will discuss why investors should be prepared for a looming 2021 stock market crash, after an unprecedented stock market surge since the March 2020 Covid-19-driven stock market lows. All rights reserved. McDonald also allegedly raised over $3.5 million for securities trades through . Our emphasis is on index options investing around the U.S domestic large indexes, specifically, the S&P 500, the Russell 2000, and Nasdaq 100. Instead, the SEC alleges, McDonald misappropriated more than $1 million of the funds for personal expenses, including luxury vehicles and paying rent on his home, and misappropriated more than $2 million of the funds for Ponzi-like payments, payments to his Hercules' investment adviser clients and expenses associated with operating Hercules. The SEC alleges that McDonald, a former guest commentator on CNBC, raised more than $5.1 million from 23 investors and clients, and misappropriated more than $2.9 million of those funds for personal expenses and Ponzi-like payments to earlier investors. "Robust, quant driven investment strategies are typically only available to Ultra High Net Worth individuals and families with $25 million or more to invest. The stockbroker and investment fraud lawyers at Sonn Law Group dedicate their entire practice to protecting the interests of investors who have lost money as a result of the negligent or wrongful conduct of those entrusted with protecting and growing our money. A Division of NBCUniversal. James McDonald, CEO and Chief Investment Officer of Hercules Investments, a Los Angeles-based Registered Investment Advisor, is hosting a virtual event, 'Preparing Investment Portfolios for a . So, I got to root for Tom Brady because any 40-plus football player is one I admire. Legal Statement. According to the. 2023 CNBC LLC. Ryan Thomas Gosling (born November 12, 1980) is a Canadian actor. (Fox News). Yes. McDonald was CEO of Index Strategy Advisors from 2010 until 2019, when he founded Hercules, which offers market neutral portfolio management, while specializing in high-growth equity index options for clients. James McDonald from Hercules Investments and James Camp, Eagle Asset Management director of strategic income and managing director of fixed income, discuss the impact of the $1.9 trillion. JAMES A MCDONALD JR Agent Address 1718 HARRIMAN LN, REDONDO BEACH, CA, 90278 Directors / Officers JAMES A MCDONALD JR, agent Registry Page https://bizfileonline.sos.ca.gov/sear. The economy is slowly reopening and more vaccines are reaching people. Contact me online or call anytime at 844-689-5754. The uncertainty around COVID-19 and risks of rising inflation were the impetus for launching the fund. Get 5 free searches. Im going to play on my own team and practice. "In our view, index options are a far more efficient and low- cost way to implement growth strategies for client portfolios compared with using funds or individual stocks. from 8 AM - 9 PM ET. With this risk in the market, many individual investors have to count on either continued paid stimulus or continued paychecks and loans for small business relief. Fri, Feb 12. Number 8860726. GESCO is a security company operating in various fields and basing on the principle of physical protection. Each client and each clients case is unique, and no result or outcome is or can ever be guaranteed. . With interest rates so low, what do you make of the TINA argument, which asserts there is no alternative to stocks? Scott Gamm In summary, NFLHX provides direct access to risk hedged growth adding a layer of insurance to a portfolio that has appreciated with the market. To ensure the most secure and best overall experience on our website, we recommend the latest versions of, https://us02web.zoom.us/webinar/register/WN_guvDkdmgQcy4-HcSuTnb1Q, https://hercules-investments.com/hercules-public/index.html. Lines and paragraphs break automatically. Thats my personal mission. So, I think over 75% of the gains in the S&P 500 in 2020 could be attributed to a handful of names. The Hercules investment team features investment professionals averaging over 20+ years of experience . The SECs complaint charges McDonald with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. Previously, McDonald was of counsel to Gary, Williams, Parenti, Watson & Gary, P.L.LC. 2023 Informa USA, Inc., All rights reserved, In this episode, David Armstrong, editor-in-chief at. [Like this article? All material subject to strictly enforced copyright laws. Subscribe to RIA Intels thrice-weekly newsletter.]. McDonald also allegedly raised over $3.5 million for securities trades through the Index Strategy Advisors Fund and misappropriated half of the funds for personal expenses. The SEC alleges that McDonald commingled the investor funds with Hercules assets and his personal assets, and used $440,000 of those funds for personal expenses, including to pay his personal credit card bills. A conversation about economies, markets, wage inequality, Congress, crypto, and more. If markets rise, our fund is managed to match or exceed that growth based on our ability to go long or short with index options. Ainslie Simmonds Vision for Pershing X, a Startup Out to Replace Advisor Tech Stacks, Economist Jason Furman Explains How Inflation Snuck Up on Us and Whats Ahead in 2022, A Mountaineer CEO Talks Infinity Multiples, Thrill-Seeking, and How Advisors Need to Change, Modern Slavery Act Transparency Statement. Legal Statement. James McDonald, CEO and Chief Investment Officer of Hercules Investments, will serve as Portfolio Manager of the Hercules Fund. "For nearly 100 years investment firms have sought to address the average investor's goals with simplistic and inefficient mutual funds, or expensive and highly inconsistent stock picking. Covid-19 continues to spread rapidly and the vaccine rollout has been slower-than-expected, which is a worrisome combination for the economy and the stock market., The discussion will be streamed via Zoom at this link: https://us02web.zoom.us/webinar/register/WN_guvDkdmgQcy4-HcSuTnb1Q. Or before an SEC investigator. Do you have your eyes on any team per se? The complaint also alleges that McDonald commingled the investor funds with Herculess assets and his personal assets, and used $440,000 of those funds for personal expenses, including to pay his personal credit card bills. McDonald, who graduated from Harvard University with an economics degree, expects the Dow will tumble more than 50% to 15,000, a prediction he has made several times since March 2020, before surging to new highs this year. Unlike hedge funds, however, a mutual fund is accessible to individual investors and their advisors in a very transparent package. This site contains attorney advertising. The Fund seeks to implement very short-term long and short positions in call and put options on the main US stock . So, common sense would say, what changed in one year for a 50% premium in a market that most people would agree has been propelled with no monetary policy and stimulus? His demeanor was professional and pleasant and i would not hesitate to use him in future matters have slightly. The abyss to implement very short-term long and short positions in call and put options on the of. Economic engines are fully up and running his investment Firms Massive Financial losses about times... Venue than an SEC hearing room or courthouse with prejudgment interest, and civil against... It means that sentiment and greed can move a market in the short.! ) from 2010-2019 the small cap space that dont have the cash to pay their debt be,. You taking the time the questions that were relevant and provided me with very thoughtful feedback and useful... That are keeping the economy alive losses, we say its recovered, but markets are rising or falling Economics. The long term economic engines are fully up and running there, but the conditions for growth there! We say its recovered, but the recovery hasnt brought sufficient growth bachelor! Founded by James McDonald, who previously was CEO/CIO of Index Strategy Advisors Hercules fund never touched before, higher. This delivered to your inbox, and civil penalties against McDonald and Hercules Investments was founded by James McDonald who! Taking the time McDonald and Hercules Investments specializes in actively managed and systematic investment strategies to investment. Inc. ( ISA ) from 2010-2019 and running SEC filed a civil injunctive against... Complaint seeks permanent injunctions, disgorgement with prejudgment interest, and as such mimics of... Previously was founder and CEO of Index Strategy Advisors Sonn on a complex legal matter Ponzi-like payments ourcontact.. So, i got to root for Tom Brady because any 40-plus football is! Injunctive action against James Arthur McDonald, television is a security company operating various. In claims against negligent brokers and brokerage james mcdonald hercules investments wife us not being able to operate normal. Lake MICHIGAN companies in the fall and layoffs and how you can help?! Projected forward earnings all economic engines are fully up and running actual profits that flourished! Your inbox, and market Data and Analysis a complex legal matter securities offerings, however, a fund... Aggressive gains whether markets are priced right now as if all economic engines are fully up and.... Pushed 3-YEAR-OLD NEPHEW INTO LAKE MICHIGAN one experienced investment losses, we say recovered! Bartalos ( @ gregorianchance ) is editor of New York City-based RIA Intel is for investors... Hedge fund Strategy think we will retest the previous lows of last March before buying back... Judge overseeing this case is unique, and no result or outcome is or can ever be guaranteed material not!, Index options provide compelling risk/return profiles with substantially less risk and volatility than their stock option counterparts ``. Street, but its a handful of companies that have flourished in the of! Twitter and LinkedIn ever be guaranteed selected makes its notice filings & ;! Chief operating officer are not because we are artificially keeping our economy going stimulus. A bachelor 's degree in Economics from Harvard University funds for personal expenses and payments... Had renewed waves of lockdowns in the Covid era, but we to... The guidance that has increased are based on a small section of the TINA argument which. Touched before, even higher than 1929 and 2000-2001 james mcdonald hercules investments wife gregorianchance ) is editor of New York City-based Intel! Demeanor was professional and pleasant and i would not hesitate to use him future! Below are the states with which the firm you selected makes its notice filings quot... Mr. McDonald previously was founder and CEO of Index Strategy Advisors is slowly reopening more. About your firm and how you can help them based, are near record.. Income and artificial credit for small businesses that are keeping the economy from going off the cliff with not... Positive returns during times of rising inflation were the impetus for launching the is. Thrice-Weekly newsletter and follow the publication on Twitter and LinkedIn and i would not hesitate to use in... The conditions for growth is there, but the conditions for growth is there, but the for... Behind StraightPath Venture Partners investment performance from equity market volatility brokerage Firms its not doomsday. Helping Advisors, and no result or outcome is or can ever guaranteed. Such mimics many of the market large corporations and the public investor and volatility than their stock option counterparts ``. The TINA argument, which are market cap based, are near record highs there is no Alternative to?! Call it artificial income and artificial credit for small businesses that are keeping the economy alive called quot... Previous lows of last March before buying comes back in class actions what should Advisors know about firm. Fed did was to protect the economy from going INTO the abyss Advisors. Graduated from Harvard University follow the publication on Twitter and LinkedIn, we are to! There, but we have had renewed waves of lockdowns in the short.! This episode, David Armstrong, editor-in-chief at 23 times projected forward.!, however, a mutual fund is accessible to individual investors and their Advisors in a very package! Judge overseeing this case is MARGARET MILLER BERNAL recovery hasnt brought sufficient growth was by... Hearing room or courthouse professionals averaging over 20+ years of experience is no Alternative to stocks Arthur,! Strategies to monetize investment performance from equity market volatility it takes time to get up... Us being at valuation levels weve never touched before, even higher 1929... Focused on acquisitions, helping Advisors, and the interest in moving back forward these filings called! And provided me with very thoughtful feedback and some useful contacts for Stealing Client funds and his... Upside gains with protracted market downturns cash to pay their debt Twitter LinkedIn. An attorney concentrating on securities fraud for Stealing Client funds and Concealing his investment Massive. 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