Moreover, creditor claims $149 for gas and mileage. There was a problem loading your book clubs. He last appeared on the network in July 2021. Hercules Investments CEO and CIO James McDonald offers his advice to the next generation of Black Americans. 4.) Wealth Management is part of the Informa Connect Division of Informa PLC. McDonald projected that the COVID-19 pandemic and the election would result in major selloffs that would cause the stock market to drop. Updated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. You can lose money trading or investing in stocks and other instruments. In fairness to James McDonald, television is a much more welcoming venue than an SEC hearing room or courthouse. Both the Dow and the S&P 500 closed at record highs last week but have pared gains. Shipping cost, delivery date, and order total (including tax) shown at checkout. Being able to identify the turning points in sentiment is our secret to success. In 1992, I became interested in markets after reading a book (Why Should White Guys Have All the Fun by Blair Walker) about Reginald Lewis who amassed a $1 billion fortune in the 80s and 90s through M&A. ), Case Number: *******9709 Hearing Date: March 10, 2022 Dept: 72. 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. Accordingly, the claim of 531.4 hours is insufficiently supported. "The new strain is one of many potential catalysts that can shift sentiment and trigger violent selling, especially as stocks hit record highs as recently as Friday," McDonald said. (Lindemann Decl. James McDonald has been working as a Chief Executive Officer at Hercules Investments for 3 years. The stated reason for seeking ex parte relief is the purported irreparable harm and immediate danger of this Court granting plaintiffs Motion for Assignment without first determining whether Bunnell may intervene in this action and be heard as to that motion. 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. He also allegedly sent ISA clients false account statements, including for one client who invested approximately $351,000, later needed the money to make a down payment on a home, was informed by McDonald that much of the money had been lost, and never got his full investment back. 4.) That product for me ended up being index options. Clients began asking Hercules employees about losses in their accounts, and since McDonalds compensation primarily was based on a percentage of his clients assets (typically around 2% ofAUM at Hercules), thelosses meant steep declines in McDonalds own earnings, according to the DOJ. The Adviser grants to the Trust a license to use the names "Hercules Investments" and "Hercules Fund" (the "Name") as part of the name of any Fund during the term of this Agreement. Case Number: *******9709 Hearing Date: May 3, 2022 Dept: 72. Generally speaking, if markets crash, the gains in the volatility exposure will offset the losses in an equity portfolio. 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. CHICAGO--(BUSINESS WIRE)--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 2021 Stock Market Crash, on Thursday, January 14, 2021 at 3pm EST. The Court is hard-pressed to see how Bunnell is or should be entitled to enter the case, undo the judgment, and then leavewhich is precisely what the proposed intervenor seemingly seeks to accomplish here. Access your favorite topics in a personalized feed while you're on the go. James Arthur McDonald Jr ., 50, who is believed to be in hiding, was charged with a single count of securities fraud, according to the U.S. Attorney's Office. Indeed, Bunnell concedes he has no actual interest in participating in this litigation at all. James McDonald, Hercules Investments James McDonald founded his most recent company, Hercules Investments , in 2019 after spending about two decades in the finance industry. (See CCP 685.080(b).) Counsel avers: The services rendered include communications attempting to enforce the settlement agreement and judgment, post judgment enforcement proceedings in this case, defending a separate action brought by Justin Bunnell, defending a separate interpleader brought by Ethan Brown, defending an Appeal brought by Justin Bunnell, and a whole host of other services. (Lindemann Decl. His son, James McDonald, plays in Major League Baseball. 3.). Enhancements you chose aren't available for this seller. A locked padlock Finally, one place to get all the court documents we need. ET by Tomi Kilgore. This item can be returned in its original condition for a full refund or replacement within 30 days of receipt. Too many people are getting sick and dying. Why is this public record being published online? - 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. Does he seek to join in plaintiffs claims against the defendants through the filing of a complaint in intervention? 1,230 Number of Organizations $4B Total Funding Amount 434 Number of Investors. Prior to that he was CIO of Vishnu Wealth Management and CEO. CEVA Logistics. 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. In a recent note to clients, McDonald, who profited from the pandemic crash in March with bullish wagers on stock-market volatility, laid out three reasons the market is especially vulnerable to such a swift downturn right now. at 9), which the Court already addressed and denied (2/15/22 Minute Order). On 11/16/2021 HERCULES INVESTMENTS, LLC, filed a Contract - Business lawsuit against DANNY MICHAEL CORRAL,. We are sorry. Service shall be made personally or by mail. The proof of service indicates that debtors were served the motion by mail. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Second, between February and October 2021, McDonald offered and sold equity investments in Hercules itself, raising $1.5 million from two types of investors: one non-client group and two existing individual Hercules clients. Case Details Parties Documents Dockets. To add the following enhancements to your purchase, choose a different seller. Turns out I am as good as I thought I was. It can be difficult to enter a field/industry where no one whos winning the game looks like you but Lewis did it and I took notice. 2 at 5.) How To Invest In Bitcoin By Two Harvard Minds. On May 3, 2022, creditors motion to compel compliance with subpoena was denied. On February 15, 2022, creditors motion for order assigning right to payment was denied. 4.). Accordingly, to the extent that the post judgment enforcement proceedings in this case includes work on creditors ex parte application and motions, such work appears not to have been reasonable and necessary. In response, McDonald began soliciting funds for a purported capital raise for the company; as an avid football enthusiast, he claimed to be setting up a publicly traded mutual fund with the ticker symbol of NFLHX, but according to the Justice Department, this was a ruse concocted as the advisorcontinued to notinform clients about the seismic losses the firm suffered. HERCULES INVESTMENTS, LLC, ET AL. Led the design, development, and rollout of investment management, financial planning, and lending standards and practices to the bank's High Net Worth clients. 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. According to an affidavit filed with the complaint, McDonald frequently appeared as an analyst on the CNBC financial TV news network and was the CEO and chief investment officer of two companies: Hercules Investments LLC, based in downtown Los Angeles, and Index Strategy Advisors Inc. (ISA), based in Redondo Beach. In a parallel action, the United States Attorney's Office for the Central District of California announced criminal charges against McDonald. Location South Ozone Park, New York, United States Work Chief Executive Officer @ Hercules Investments Chief Executive Officer and Chief Investment Officer @ Index Strategy Advisors 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). Any litigation that stemmed from those losses would need to be disclosed if he went forward with the fund, according to the DOJ. Please prove that you're human. For this reason alone, the motion should be denied. that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt]. When the market decline didnt occur, Hercules clients lost between $30 million and $40 million, according to the affidavit. To begin with, plaintiff Semyon Ginzburg fails to sufficiently demonstrate that, for purposes of assignment, there are any monies due or to become due to the judgment creditor defendants. A new strain of COVID-19, historically elevated tech . Now he's wanted on fraud charges. Things are escalating quickly for the folks behind StraightPath Venture Partners. Second, the Court file reflects that the motions which creditor filed have been unsuccessful. Official websites use .gov James Macdonald will celebrate 62nd birthday on a Tuesday 4th of October 2022. Sign up for our newsletter to get the inside scoop on what traders are talking about delivered daily to your inbox. (*******9709). Step 2) Generate $12 billion in index options profits for growth seeking investors. 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. . LOS ANGELES A former San Gabriel Valley resident who ran Los Angeles County-based investment companies and was a frequent guest on financial television news programs was charged today in a federal criminal complaint alleging he lied to investors. UVXY went from $12 to $120. 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. 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 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. 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.. And, also, relatedly and with the prospect of decades in prison attach, conspiracy and fraud. 2022-01-21, Los Angeles County Superior Courts | Contract | woke up and found that McDonald was gone, leaving his car (with the keys inside) in D.J.s driveway. May 2021 - Present1 year 10 months. There are 0 customer reviews and 1 customer rating. keystyle mmc corp login; thomson reuters drafting assistant user guide. Please use a different way to share. [1] He played college basketball at Southern California (USC) and did not play college football. For all the foregoing reasons, the motion is DENIED. 21STCV19709 in the Superior Court of California, County of Los Angeles. Its clock-striking-midnight dealmaking time at the Justice Department. Pursuant to CCP 708.510, a judgment creditor may seek by way of noticed motion an order that the judgment debtor assign to the judgment creditor all or part of a right to payment due or to become due. (CCP 708.510(a).). ), Under CCP 708.120, the examination of a third party in a postjudgment proceeding is limited to exploring the third partys possession of the judgment debtors property or any debt owed the judgment debtor. (Fox Johns Lazar Pekin & Wexler, APC v. Superior Court (2013) 219 Cal.App.4th 1210, 1222; see also CCP 708.120(a) [Upon . Why Should White Guys Have All the Fun by Blair Walker. McDonald: Without question: Market Wizards Jack Schwager. scott@strategyvoiceassociates.com, Internet Explorer presents a security risk. Too many people and firms over-complicate these basic truths. As soon as we found out he was under investigation, we no longer allowed him on our air, said a CNBC spokesperson. 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. Small businesses are still facing closures at a record rate, while the pandemic is expected to push a further 10-15 million people into poverty. 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. Further, creditor also seeks $55,477 in post-judgment interest. Secure .gov websites use HTTPS McDonald will also be speaking at The Executives Club of Chicagos 2021 Annual Economic Outlook virtual event on January 14. are slashing up to 20% of their workforce. 2022-01-10. From this, the Court is hard pressed to make any finding as to what, if any, payments are due to the judgment creditors for purposes of assignment to plaintiff. Pastor James MacDonald, of Harvest Bible Chapel, was given the boot last week by church elders after "highly inappropriate . As explained by Mr. Brown: [Defendant] Hercules [Investments, LLC] retained BNSK [i.e., Browns firm] for legal representation relating to insurance coverage and a Settlement Agreement was reached. Decl. And, now that you, the Justice Department and the SEC mention it, a lot of his stories sound a bit hard to believe. Notice of Change of Address or Other Contact Information, Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST) OF 10/11/2022, Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest, Notice - NOTICE OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST), Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, Motion for Order - MOTION FOR ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, Declaration - DECLARATION OF SEMYON GINZBURG IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT NOA 4/29/22 B321138, Appeal - Ntc Designating Record of Appeal APP-003/010/103, Notice of Filing of Notice of Appeal (Unlimited Civil) - NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED CIVIL) 614, Appeal - Notice of Appeal/Cross Appeal Filed, Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID O), 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. 4; Brown Supp. Value may lead however in terms of short term suitability for conservative investors. "Risks here are as high or higher than potential gains, so it only makes sense to have a defense in place," McDonald concluded. 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. For the foregoing reasons, the motion is DENIED. . 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). Subpoena was denied play college football personalized feed while you 're on the go the election would in. Creditor filed have been unsuccessful 's office for the folks behind StraightPath Venture Partners CORRAL... Action, the motion by mail S & P 500 closed at record highs last week but have pared.... Criminal charges against McDonald a security risk 0 customer reviews and 1 customer rating in..., according to the affidavit new strain of COVID-19, historically elevated tech of Organizations $ 4B total Funding 434. Indicates that debtors were served the motion by mail, London SW1P 1WG growth seeking investors election would result major... 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