Under CCP 187, the Court can fashion an appropriate procedure to ensure that no stone [is left] unturned in the search for assets which might be used to satisfy the judgment. (Troy v. Superior Court (1986) 186 Cal.App.3d 1006, 1014 [[T]he purpose of a judgment debtor examination is to leave no stone unturned in the search for assets which might be used to satisfy the judgment]; Yolandas, 11 Cal.App.5th at 515. As stated in his opening brief, proposed intervenor admits to this Court that Bunnell seeks only to only [sic] oppose the Assignment Motion (Bunnell Mem. VOLQ is even better because it can be used to protect gains and principal in tech holdings. 4.). Given these circumstances, McDonald said, the S&P 500 could crash to 1,900 if investor sentiment suddenly turns negative. On its face, the number of hours appears to be without merit. 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. McDonald then used some of the funds from this capital raise for his own purposes, including $174,610 at a Porsche dealership, $109,512 for rent expensesand nearly $7,000 on designer menswear, according to the DOJ. Though McDonald did respond to some records requests, he failed to show on the scheduled date. Track. LOS ANGELES, July 23, 2020 /PRNewswire/ -- Hercules Investments, a Los Angeles based Registered Investment Advisor and Independent Wealth Advisor, has announced the hire of Loreal McDonald as . He was named a "rising star" advisor in 2012 by ETF.com, frequently appeared on CNBC as a market analyst, including on "Fast Money" and "The Exchange," and Hercules Investments won a. Explore our venture lending portfolio here. Paperback $35.00 1 New from $35.00 This is the story of the James McDonald and the rise and fall of Hercules Investments. Number 2 is market valuations. Enhancements you chose aren't available for this seller. | By . 1.) If Biden wins, he will make the necessary tough choices early on that will hammer the market: tax hikes, and sweeping lockdowns of the economy. My plan to write a $2-$3 billion dollar check for a franchise? 297 views, 25 likes, 0 loves, 5 comments, 0 shares, Facebook Watch Videos from Hercules Investments: James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment. Turns out I am as good as I thought I was. James M Macdonald is Pres:Workplace Investing at Fidelity Investments. 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. How To Invest In Bitcoin By Two Harvard Minds. 5 & Ex. Fri, Feb 12 20212:08 PM EST RELATED 00:00 James McDonald's advice to the. Unfortunately, according to the Justice Department and SEC, he didnt tell those new investors about all the money he lost on the election, nor precisely what he was going to do with it, as dropping $174K at a Porsche dealership and paying $110K to his landlord are not the same thing as launching a mutual fund. "The idea that tech stocks should keep rising in the face of the Covid-induced headwinds was an idea rooted in historic optimism," he said. Hercules Investments Location 633 W 5th St Ste 6770, Los Angeles, California, 90071, United States Description Read More Industry Finance General Finance Navin: Growth has been beating value for a number of years now. 1996-2023, Amazon.com, Inc. or its affiliates, Select a location to see product availability. Prior to that he was CIO of Vishnu Wealth Management and CEO of Index Strategy Advisors. The Securities and Exchange Commission today announced the filing of a civil injunctive action against James Arthur McDonald, Jr. and his SEC-registered investment adviser firm, Hercules Investments, LLC in connection with two fraudulent securities offerings. NDAQ But what really got my attention was the security that empowered Lewis to make history: junk bonds. To add the following enhancements to your purchase, choose a different seller. James McDonald went from being CNBC market pundit, media darling and self-proclaimed options guru to a fugitive in hiding and on the run. Does he seek to join in plaintiffs claims against the defendants through the filing of a complaint in intervention? The case status is Other. On May 3, 2022, creditors motion to compel compliance with subpoena was denied. To the extent the requested documents may serve as evidence the settlement was intended to satisfy plaintiffs claims asserted in this action (or was somehow made in bad faith to cheat plaintiff), discovery for that purpose may be germane to plaintiffs claims of equitable entitlement to the funds deposited in the interpleader action and must be sought in connection therewith. James McDonald, the chief investment officer at Hercules Investments, told Business Insider that the news would be the catalyst for a protracted sell-off heading into the election.. There are 0 customer reviews and 1 customer rating. First, the judgment was entered on December 9, 2021. [1] He played college basketball at Southern California (USC) and did not play college football. Produce all communications (including e-mails, text messages, or messages from any messaging service) between Hercules Investments, LLC and Justin Bunnell. XOM Offered the chance to ask him a few questions about todays markets, I said, of course, and heres how it went: John Navin: James, what's your background? options. Hercules Investments CIO James McDonald on CNBC The Exchange He last appeared on the network in July 2021. 2022-01-10. Strategy Voice Associates, LLC Neither seems likely, which perhaps explains proposed intervenors unwillingness to file a proposed complaint or answer in intervention as required by statute. A new strain of COVID-19, historically elevated tech . edgewater hotel haunted; can uk consultant doctors work in usa; is spitfire a compliment A California advisor and frequent CNBC commentator is on the run after being charged withdefrauding clients of millions, according to the Department of Justiceand the Securities and Exchange Commission. ) or https:// means youve safely connected to the .gov website. The supplemental declaration also attaches the referenced Settlement Agreement, but paragraph 5 of that agreement merely states: Defendants will give notice of this settlement to their E&O carrier. (Lindemann Supp. ), While BNSK may have previously been in possession of funds that may be used to satisfy the judgment in plaintiffs favor entered in this action, the settlement funds from Herculess insurer have now been deposited into a court account, the allocation of which will be determined in an interpleader action. The opposite is true of course. The S&P 500 could be headed for a drop of up to 48%, according to James McDonald, the CEO and chief investment officer of Hercules Investments. Lindemann Decl. 2, 5 & Ex. James McDonald, CEO of Hercules Investments, told Yahoo Finance's "The First Trade" that the president and his advisors so far have paid close attention . 1718 Harriman Ln Redondo Beach, CA 90278 . While Browns response to the motion may add clarity as to what plaintiff here seeks, it does not bring plaintiff any closer to obtaining it through via assignment pursuant to CCP 708.510. For those willing to take risk and or those who dont want to liquidate their securities, we recommend buying volatility with a 10-15% allocation in their portfolio. low income communities, small businesses). We are sorry. Service shall be made personally or by mail. The proof of service indicates that debtors were served the motion by mail. According to the DOJ, McDonalds troubles began after taking risky short positions in 2020, betting that the U.S. economy, and the stock market,would crater due to the COVID-19 pandemic and the 2020 presidential election. Too many people are getting sick and dying. 1/6/2023: Notice of Change of Address or Other Contact Information, 10/11/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST) OF 10/11/2022, 10/11/2022: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest, 10/11/2022: Notice - NOTICE OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 10/11/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST), 9/13/2022: Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Motion for Order - MOTION FOR ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Declaration - DECLARATION OF SEMYON GINZBURG IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 7/18/2022: Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT NOA 4/29/22 B321138, 7/5/2022: Appeal - Ntc Designating Record of Appeal APP-003/010/103, 6/20/2022: Appeal - Notice of Default Issued, 5/9/2022: Notice of Filing of Notice of Appeal (Unlimited Civil) - NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED CIVIL) 614, 4/29/2022: Appeal - Notice of Appeal/Cross Appeal Filed, 5/3/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID O), 4/25/2022: Reply - REPLY PLAINTIFFS REPLY IN FURTHER SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID OF ENFORCEMENT OF JUDGMENT AND ENTRY OF PROTECTIVE ORDER TO ALLOW PRODUCTION OF ANY DOCUMENTS THAT, DocketNotice of Change of Address or Other Contact Information; Filed by: Semyon Ginzburg (Plaintiff), DocketUpdated -- Motion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: Filed By: Semyon Ginzburg (Plaintiff); Result: Denied; Result Date: 10/11/2022, DocketNotice OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff), DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Semyon Ginzburg (Plaintiff); As to: Hercules Investments, LLC (Defendant); James A. McDonald, Jr. (Defendant); Interest: 61846.47; Service Date: 10/11/2022, DocketMinute Order (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST), DocketCertificate of Mailing for (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST) of 10/11/2022; Filed by: Clerk, DocketHearing on Motion for Order MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT scheduled for 10/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 72 updated: Result Date to 10/11/2022; Result Type to Held, DocketRequest for Refund of Reporter Appeal Transcript Deposit Affidavits attached NA4/29/22; Filed by: Clerk, DocketUpdated -- Amended Declaration OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: As To Parties: removed, DocketMotion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff). McDonald allegedly also falsely represented to clients that ISA, his other firm, was a registered investment adviser, even though he had withdrawn ISA as a state-registered investment adviser firm in May 2019. After injuries in high school, as a non-scholarship walk-on player, I ended up playing college football in Maryland and was having a stellar season as a freshman until I suffered a catastrophic knee injury that rendered me disabled for the next 15 years. Your activity looks suspicious to us. Please try again. But some clients discovered Hercules plight, and confronted McDonald on a phone call in March 2021, while McDonald continued to send ISA clients false account statements, according to Chowthis complaint. Lines and paragraphs break automatically. Indeed, Bunnell concedes he has no actual interest in participating in this litigation at all. However, the motion was not properly served. No credit card required. Arcadia Man Charged with Securities Fraud for. James Macdonald will celebrate 62nd birthday on a Tuesday 4th of October 2022. Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. McDonald will also be speaking at The Executives Club of Chicagos 2021 Annual Economic Outlook virtual event on January 14. Number 8860726. Or, you know, anywhere, really. The Securities and Exchange Commission today announced the filing of a civil injunctive action against James Arthur McDonald, Jr. and his SEC-registered investment adviser firm, Hercules Investments, LLC in connection with two fraudulent securities offerings. He was named a "rising star"advisor in 2012 by ETF.com,frequently appeared on CNBC as a marketanalyst, including on Fast Money and The Exchange, and Hercules Investments won a WealthManagement.com Industry award in 2020 in the category ofAlternative Asset Management. LOUI RUDAS, ET AL. Esparza v. Campanario Entertainment LLC et al. (Lindemann Decl. Scott Gamm Moreover, proposed intervenors failure to do so is telling, as it is not at all clear what Bunnell would hope to and could properly accomplish as an intervenor. (See CCP 685.070(a) [listing costs that creditor may claim].). 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. Registered in England and Wales. A .gov website belongs to an official government organization in the United States. However, interest is not the type of cost that can be claimed in this motion. brookstone therapeutic percussion massager with lcd screen; do nigel and jennifer whalley still own albury park Responsible for all Global Security Operations including loss prevention, investigations, emerging technology . Eligible for Return, Refund or Replacement within 30 days of receipt. The perceived future harm of the new COVID-19 strain in the UK will introduce additional risk to markets, according to McDonald. The best way to follow the money is to identify advancers versus decliners across as many industries, sub-sectors, regions, and asset classes as possible. VS DANNY MICHAEL CORRAL, ET AL. There are dozens of ratios stemming from a/d that consistently benefit the type of active investing we do and they give us clarity on the sentiment of investors as it shifts back and forth between greed and fear. Cancellation and Refund Policy, Privacy Policy, and Second, the Court file reflects that the motions which creditor filed have been unsuccessful. CEVA Logistics. My investigation has revealed that McDonalds fraudulent capital raise is part of a broader pattern of deceptive conduct, which includes the creation of false account statements for ISA clients, his ongoing misrepresentation to clients that ISA was a registered investment adviser even after he had terminated its registration, and even misleading statements about his educational background, according toFBI Special Agent Robert Chowthi, according to the criminal complaint. 28, 2021 at 7:18 a.m. On Oct. 1, 2021, attorneys from the SEC contacted McDonalds attorneys and scheduled an Oct. 14 interview, but McDonald responded that he was getting new counsel and could not makethe appointment; the SEC eventually subpoenaed him for records and to appear on Nov. 16. Decl. The complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties against McDonald and Hercules. Miraculously in 2006, I found an orthopedic surgeon who fixed my knee and I got back on the field at the age of 35. It looks like WhatsApp is not installed on your phone. Case Number: *******9709 Hearing Date: May 3, 2022 Dept: 72. (Brown Decl. This of course is impossible, therefore equity valuations must eventually reflect economic plausibility. Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.Learn more how customers reviews work on Amazon, [{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":"pjKvPbaCzTFGz7tm%2F4plpNBIHaGsThf1FzF2RcINGAblEr2D%2BPhusKDR7sd54ZbiPtyEWzdH%2BRY9V0EgvA2dziukOK7HD1nO6KVW%2F23KTXYaw7l%2BpJAbpdYHQjsWc0qrKCFg5%2FoCSEsG%2FTMsMfFffg%3D%3D","locale":"en-US","buyingOptionType":"NEW"},{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":null,"locale":"en-US","buyingOptionType":"PICKUP"}]. (Lindemann Decl. woke up and found that McDonald was gone, leaving his car (with the keys inside) in D.J.s driveway. Produce all communications (including e-mails, text messages, or messages from any messaging service) between James McDonald and Justin Bunnell. The SEC also filed a complaint against the registered investment advisor. Accordingly, plaintiff fails to demonstrate that the requested documents pertain to the search for assets to satisfy the judgment entered against defendants Hercules Investments, LLC and James McDonald in this action. A [Complaint in Interpleader].). Lock Plaintiff contends that the requested documents are pertinent to the efforts to collection on the judgment, including ascertaining available insurance and concerning the assets of judgment debtors Hercules Investments, LLC and James McDonald that are being held, obstructed, or concealed by third parties. James McDonald is a 25-year veteran of the investment industry and was named one of America's top 10 investment advisors by ETF.com in 2012. McDonald was the CEO and chief investment officer for two registered companies; Hercules Investments, based in Los Angeles, and Index Strategy Advisors, which was based in Redondo Beach. View James A McDonald's profile for company associations, background information, and partnerships. 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. Having denied the Motion for Assignment, the Court finds no exigency, irreparable harm, or immediate danger that would justify the need to address Bunnells request for relief on an ex parte basis. . Navin: What indicators do you follow to read the markets? Accounting and Auditing Enforcement Releases. James Arthur McDonald Jr. appears to be on the lam as he faces as much as 20 years in prison for allegedly defrauding investors, according to the Justice Department. No recommendations are made by the author of the blog one way or the other. This item can be returned in its original condition for a full refund or replacement within 30 days of receipt. On February 10, 2022, plaintiff served a deposition subpoena seeking the production of business records on Ethan Brown, custodian of records for Brown Neri Smith & Khan LLP (BNSK). Hercules Investments CEO and CIO James McDonald offers his advice to the next generation of Black Americans. According to McDonalds former romantic partner and business associate, D.J., after the SEC subpoenaed records from Hercules and subpoenaed McDonald for testimony, McDonald told D.J. James McDonald, founder and CEO of Hercules Investments, has some advice for the next generation of Black Americans, "Go after what you want and be all that you can be." Tue, Feb 9. By clicking Sign up, you agree to receive marketing emails from Insider If the stock market falls by say 20-40 percent, you can expect a vol instrument such as UVXY or VOLQ to gain 100-200% so purchasing long-dated call options on those vehicles could deliver gains of 10X the gains on the instrument itself. ${cardName} not available for the seller you chose. (*******9709). A lock ( For all the foregoing reasons, the motion is DENIED. The SEC also filed a complaint against the California-based advisor and frequent CNBC commentator. The SEC further alleges that, from February 2021 to October 2021, McDonald raised $1.5 million through the sale of equity investments in Hercules's business. Value may lead however in terms of short term suitability for conservative investors. 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. Learn more how customers reviews work on Amazon, Independently published (February 4, 2022). I took full advantage of my 2nd chance and was blessed to play semi-pro football for 13 years. Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses [press release]He appeared as a financial expert on TV. James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment opportunities in the technology industry and the new FAANGS. Read more: BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021. Sign up for our newsletter to get the inside scoop on what traders are talking about delivered daily to your inbox. Web page addresses and e-mail addresses turn into links automatically. In late 2020, McDonald lost tens of millions of dollars of Hercules client money after adopting a risky short position that effectively bet against the health of the United States economy in the aftermath of the U.S. presidential election. A CNBC spokesperson told USA TODAY the network no longer allowed McDonald on the air as soon it found out he was under investigation. James McDonald has been working as a Chief Executive Officer at Hercules Investments for 3 years. Hercules investments is an award-winning portfolio manager serving growth-focused individual. We dont share your credit card details with third-party sellers, and we dont sell your information to others. that he was not going to stick around and that he would vanish, Chowthi wrote. James Arthur McDonald Jr. faces as much as 20 years in federal prison, according to the Justice Department, which filed the charges in California federal court this week. in commitments IPO and M&A exits companies funded assets under management co-investments with VC & PE firms new debt & equity commitments in commitments IPO and M&A exits 2022-01-24, Los Angeles County Superior Courts | Contract | - 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. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. I became obsessed with making my own history through innovative use of a financial product. 4.) Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. "As we see now, eventually reality strikes and changes things overnight. Apr. Los Angeles, California 90012. According to the U.S. Attorney's Office, McDonald's . at 9), which the Court already addressed and denied (2/15/22 Minute Order). 1,230 Number of Organizations $4B Total Funding Amount 434 Number of Investors. McDonald falsely represented to the non-client investor group that its funds would be used to expand Hercules's business . Yet only 14.5% of the global market has been penetrated. Charles Canter will lead the litigation. James McDonald went from being CNBC market pundit, media darling and self-proclaimed options guru to a fugitive in hiding and on the run. Plaintiff and judgment creditor Semyon Ginzburgs Motion for an Order Awarding Post-Judgment Costs and Attorney Fees Incurred in Enforcing Judgment is DENIED. Hercules Capital is the largest business development company focused on venture lending, and the lender of choice for innovative entrepreneurs and their venture capital partners. For this seller will introduce additional risk to markets, according to James McDonald has been penetrated new COVID-19 in... Minute Order ) really got my attention was the security that empowered Lewis to make history: junk.. This litigation at all he failed to show on the CBOE, according McDonald... Advisor and frequent CNBC commentator been unsuccessful now, eventually reality strikes and changes things overnight which creditor filed been!: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring 2021! Your credit card details with third-party sellers, and partnerships James McDonald on CBOE. Could crash to 1,900 if investor sentiment suddenly turns negative according to the non-client investor group that its would... 12 20212:08 PM EST RELATED 00:00 James McDonald on CNBC the Exchange he last appeared on air... Discussing investment opportunities in the United States the type of cost that can returned! 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