SEC v. Fusion Hotel Mgmt. LLC, et al. was filed in the Southern District of California on December 14, 2021, claiming violations of the Securities Act of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act”). The complaint alleges: (1) fraud in connection with the purchase or sale of securities in violation
Financial
New Complaint – Heinen v. iDigrati, LLC, et al.
Heinen v. iDigrati, LLC, et al. was filed in the Superior Court of Gwinnett County, Georgia on December 16, 2021, claiming civil damages for breach of contract and state securities violations in connection with purported investments in promissory notes sold by Defendants.
Plaintiff is an individual who invested $200,000 with Defendant in exchange for a…
New Complaint – Eckfeldt v. Barber
On the heels of a related action filed by the Securities and Exchange Commission (“SEC”) on November 12, 2021, Eckfeldt v. Barber was filed in the Superior Court of California, Orange County, on December 9, 2021, claiming breach of contract, fraud, intentional misrepresentation, and conversion.…
New Complaints – Sharp v. Shinhan Bank Co., et al. & Sharp v. Daishin Securities Co., Ltd.
Two related cases, Bradley D. Sharp v. Shinhan Bank Co., Ltd. (the “Shinhan Action”) and Sharp v. Daishin Securities Co., Ltd. (the “Daishin Action”), were filed in the United States District Court for the Central District of California on November 23, 2021 by the receivers for various businesses under the Direct Lending Investments, LLC umbrella…
New York’s Highest Court Sides With Insured: $140M Disgorgement Payment Is Covered Loss
On Nov. 23, 2021, the New York Court of Appeals sided with the policyholder, resolving a decades-long insurance coverage dispute, J.P. Morgan Sec. Inc. v. Vigilant Ins. Co., __ N.E.3d __, 2021 N.Y. Slip Op. 06528, 2021 WL 5492781 (Nov. 23, 2021). It held that a $140 million disgorgement payment to the Securities and Exchange Commission…
Biden Administration Signals Focus on Cryptocurrency as President’s Working Group Issues Report on Stablecoin
On November 1, 2021, the President’s Working Group on Financial Markets (PWG), along with the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) (collectively, the Agencies) issued a Report on Stablecoins (the Report).[1] Stablecoins “are digital assets that are designed to maintain a stable value relative…
Ponzi Perspectives: 2021 Year-End Roundup
McGuireWoods’ Ponzi Litigation team launched its Ponzi Perspectives blog in early 2021 to track key decisions and new cases in Ponzi civil and criminal litigation. Ponzi Perspectives focuses on cases and decisions that have the potential to influence controlling law on Ponzi-related issues. The blog also offers analysis of key decisions and practical considerations when…
New Complaint – Winkler v. Roshak, et al.
By Jenny Yi
Geoff Winkler, as Receiver for Profit Connect Wealth Services, Inc. v. William Roshak, et al. was filed in the United States District Court for the District of Nevada on November 4, 2021 asserting claims for (1) fraudulent transfer; (2) unjust enrichment; (3) declaratory relief; and (4) attorneys’ fees and costs.
Plaintiff is the court-appointed receiver…
New Complaint – SEC v. Rege, et al.
Securities and Exchange Commission v. Swapnil J. Rege and SwapStar Capital, LLC was filed in the U.S. District Court for the District of New Jersey on October 26, 2021, claiming the defendants violated the Investment Advisors Act by engaging in fraudulent or deceptive conduct upon an advisory client and charging Rege with violating a 2019…
New Complaint – Fiene v. Schweinzger
Christian Fiene and Erik Kiser v. Matthew Schweinzger was filed in the Northern District of Illinois on October 27, 2021, seeking damages of more than $500,000 for state statutory and common law claims related to the Defendant’s role in a Ponzi scheme orchestrated by Zachery Horwitz and his company, 1inMM Capital, LLC (the “Horwitz Scheme”).…