International Law

James Asset Advisory Ponzi

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From the SEC Press Release on the James Asset Advisory Ponzi

On September 24, 2008, the Securities and Exchange Commission filed a civil injunctive action in the United States District Court for the Southern District of Florida against James Asset Advisory, L.L.C. (James Asset), an investment advisory firm, and its principal, Anthony A. James, for misappropriating client funds and operating a Ponzi scheme.

The Commission's complaint alleges that from at least April 2001 through January 2008, the Defendants received at least $5.2 million from at least 44 clients who were told by the Defendants that client monies would be invested in stocks, bonds, and mutual funds.

According to the complaint, the Defendants never invested any client funds in the stock market or other investments.

Instead, James misappropriated at least $2.4 million in client monies to fund his lavish lifestyle, including the purchase of a six-bedroom, 5,000 square foot home, a luxury condominium, a Porsche sports car, and season tickets to the Miami Heat games.

Moreover, like a classic Ponzi scheme, the Defendants transferred approximately $2.8 million from new clients to existing clients to repay principal or to create the illusion of profitable trading.

In addition, to facilitate and otherwise conceal their fraud, the complaint alleges that the Defendants provided clients with false account statements reflecting securities holdings and returns that did not exist.

This was an interesting scheme, it lasted almost nine years. And it appears to have returned half the mark's money.

The complaint doesn't explain exactly how the false statements were constructed, but I would suspect that James had access to old letter head when he actually had the required registrations.

Full post as published by Misleading Advertising Law on September 26, 2008 (boomark / email).