4. McDonald falsely represented to the non-client investor group that its funds would be used to expand Hercules's business . 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. 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. 3.) You can lose money trading or investing in stocks and other instruments. 21STCV19709 in the Superior Court of California, County of Los Angeles. When investors DONT want to own an asset, they are willing to lower their price to sell it, causing markets to fall. Why Should White Guys Have All the Fun by Blair Walker. ), 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 . 4.) Navin: What book or books would you recommend for someone interested in learning about markets? 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. are slashing up to 20% of their workforce. VOLQ is even better because it can be used to protect gains and principal in tech holdings. 4.). Work Biography for James McDonald, Hercules Investments. James McDonald has been working as a Chief Executive Officer at Hercules Investments for 3 years. Enhancements you chose aren't available for this seller. 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.. Things are escalating quickly for the folks behind StraightPath Venture Partners. Now he's wanted on fraud charges. Any litigation that stemmed from those losses would need to be disclosed if he went forward with the fund, according to the DOJ. 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. 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 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. Los Angeles County Superior Courts | Contract | Navin: What indicators do you follow to read the markets? 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. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. Los Angeles Financial Services Companies. Because judgment was not entered before this date, fees incurred from August 17, 2021 to December 9, 2021 necessarily could not have been incurred in enforcing the judgment. 4; Brown Supp. Sign up for our newsletter to get the inside scoop on what traders are talking about delivered daily to your inbox. 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. ), Case Number: *******9709 Hearing Date: March 10, 2022 Dept: 72. I took full advantage of my 2nd chance and was blessed to play semi-pro football for 13 years. The complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties against McDonald and Hercules. However, the motion was not properly served. By clicking Sign up, you agree to receive marketing emails from Insider James M Macdonald is Pres:Workplace Investing at Fidelity Investments. Produce all communications (including e-mails, text messages, or messages from any messaging service) between Hercules Investments, LLC and Justin Bunnell. Navin: You've named the issues facing the stock market as "a 3-headed monster." As part of the capital raise, McDonald obtained $675,000 in investment funds from one victim group on March 9, 2021. Number 3 is the presidential election. 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. McDonald could not be reached for comment. James McDonald, CEO and Chief Investment Officer of Hercules Investments, will serve as Portfolio Manager of the Hercules Fund. Hercules Investments is the firm I founded solely to achieve these goals. In 2018, I earned Defensive MVP for my championship winning team and led the entire league in tackles. 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. Greater Los Angeles Area Financial Services Companies. UVXY went from $12 to $120. Fri, Feb 12 20212:08 PM EST RELATED 00:00 James McDonald's advice to the. Even large-cap companies such as Disney and Exxon-Mobil 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. After transferring to and graduating from Harvard, I set a career path with a firm intent to make a positive meaningful impact in the industry and personally to culminate my business career with the purchase of an NFL team for myself. 5.) Step 2) Generate $12 billion in index options profits for growth seeking investors. [1] He played college basketball at Southern California (USC) and did not play college football. 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. Hercules Investments was awarded the WealthManagement.com 2020 Alternative Asset Manager of the year. BROWN NERI SMITH & KHAN LLP, A LIMITED LIABILITY PARTNERSHIP, AND LAW FIRM VS JAMES A. MCDONALD, ET AL. [3] James McDonald, the founder of the Los Angeles-based firm Hercules Investments, has profited from the market's recent volatility using stock index options. ", Read more: Bank of America unveils its top stock pick in each of the 11 S&P 500 sectors and explains why they're poised to dominate in the year ahead. Produce all communications (including e-mails, text messages, or messages from any messaging service) between Ethan Brown and Justin Bunnell. James graduated from Harvard . NDAQ The $900 billion stimulus package is necessary and was largely expected by investors but it won't be enough to limit the economic fallout of the pandemic, according to McDonald. 1996-2023, Amazon.com, Inc. or its affiliates, Select a location to see product availability. Hercules Investments is part of the Finance industry, and located in California, United States. Pastor James MacDonald, of Harvest Bible Chapel, was given the boot last week by church elders after "highly inappropriate . Our payment security system encrypts your information during transmission. 2-3, 5 & Ex. Updated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. Decl. 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"}]. 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. (See CCP 685.070(a) [listing costs that creditor may claim].). 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. Prior to that he was CIO of Vishnu Wealth Management and CEO of Index Strategy Advisors. HERCULES INVESTMENTS, LLC, ET AL. Ciaran McEvoy Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses. 3.) Pronunciation of james mcdonald with 2 audio pronunciations, 1 meaning, 5 translations, 12 sentences and more for james mcdonald. ), 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. Lastly, even if all or some of the referenced funds could be assigned pursuant to CCP 708.510, the Court would decline to issue an order so doing. Second, the Court file reflects that the motions which creditor filed have been unsuccessful. (213) 894-4465. We are sorry. 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. (Lindemann Decl. "Risks here are as high or higher than potential gains, so it only makes sense to have a defense in place," McDonald concluded. 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. The perceived future harm of the new COVID-19 strain in the UK will introduce additional risk to markets, according to McDonald. (See Brown Decl. Indeed, Bunnell concedes he has no actual interest in participating in this litigation at all. Creditor seeks fees for 531.4 hours incurred at an hourly rate of $500 for collecting and enforcing the settlement agreement and judgment between August 17, 2021 and September 1, 2022. Through his other company, Index Strategy Advisors, McDonald used less than half of $3.6 million raised over more than two years in that firms investment fund for trading. VS JAMES A. MCDONALD, JR., ET AL. Hercules Investments LLC Active 2019 1 Member Excel Known Addresses for James McDonald. If you're an investor, you'd want to look much deeper into each of these situations. LOS ANGELES, Oct. 10, 2019 /PRNewswire/ -- Award-winning derivatives investment management executive James A. McDonald, Jr. today announced that he has launched Hercules Investments LLC, a Los Angeles-based Registered Investment Advisor.Hercules applies quantitative research to design and actively manage portfolios for investors seeking maximum growth during up or down-market cycles. 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. 1.) (Lindemann Decl. 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. 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. A North Richmond native, McDonald, his wife Mary Ann and their two daughters moved to Hercules in 1984. The Judge overseeing this case is MARGARET MILLER BERNAL. McDonald, who faces up to 20 years imprisonment if convicted, "is believed to be in hiding," the U.S. Attorney's office said in a news release. Brown, whose firm used to represent defendants on other matters seemingly related to this litigation but never actually appeared on behalf of defendants in this case. . Tune in today to watch James McDonald, CEO of Hercules Investments, on CNBC's Fast Money at 2pm PST. 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. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Plaintiff presented nothing else of relevance in support of the motion. (Brown Decl. Location South Ozone Park, New York, United States Work Chief Executive Officer @ Hercules Investments Chief Executive Officer and Chief Investment Officer @ Index Strategy Advisors "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. Plaintiff Semyon Ginzburgs Motion for Order Assigning Right to Payment Due to Satisfy Judgment is DENIED. The Hercules Fund aims to generate positive returns during times of rising and falling stock markets. There was a problem loading your book clubs. 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. James McDonald, Hercules Investments James McDonald founded his most recent company, Hercules Investments , in 2019 after spending about two decades in the finance industry. James Macdonald will celebrate 62nd birthday on a Tuesday 4th of October 2022. When investors really want something they are willing to pay up, and stock prices rise. Hercules and the various insureds settled claims for $1,450,000, which was directed by Hercules to be paid into a separate account maintained by BNSK and distributed at Hercules direction for (1) defense costs relating to claims by investors against Hercules for losses sustained as a result of Hercules investment strategies and/or (2) to pay claims by various investors relating to losses by such investors as established by the Settlement Agreement. (Brown Decl. *Free 10 Piece Chicken McNuggets valid 1x thru 2/28/22 for first time app users at participating McDonald's. This item can be returned in its original condition for a full refund or replacement within 30 days of receipt. James is the co-author of How To Invest In Bitcoin By Two Harvard Minds. Hes a graduate of Harvard University with a B.A. 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. In late 2020, McDonald lost between $30 million and $40 million of Hercules client money after adopting "a risky short position" based . On February 15, 2022, creditors motion for order assigning right to payment was denied. ET by Tomi Kilgore. Hercules Capital started at outperform with $17.50 stock price target at Oppenheimer. In accordance with subsection (c)(2) of CCP 708.510, the Court considers [p]ayments the judgment debtor is required to make when determining whether to order an assignment or the amount of an assignment. Plaintiff acknowledges that there are apparently, other claims to the $1.45 million and against defendants. 5 & Ex. 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. According to Chowthi, D.J. LOS ANGELES, Oct. 10, 2019 /PRNewswire/ -- Award-winning derivatives investment management executive James A. McDonald, Jr. today announced that he has launched Hercules Investments LLC,. A [Complaint in Interpleader].). 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. 6,971 Number of Organizations $13.3B Total Funding Amount 1,202 Number of Investors. 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