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”).

The Horwitz Scheme defrauded investors by representing that proceeds from each promissory note placed in 1inMM’s offering were going to be used to purchase the rights of particular movies, which would then be licensed to major streaming services such as HBO and Netflix.  However, Horwitz and 1inMM had no relationship with HBO or Netflix and had no plans to license any movie rights to those companies.

Plaintiffs Fiene and Kiser are two individuals who were duped into investing into the Horwitz Scheme.  Defendant Schweinzger, the Plaintiffs’ former college classmate, is a principal of JJMT Capital, LLC (“JJMT”), which Plaintiffs allege was created for the sole purpose of selling promissory notes to fund the Horwitz Scheme’s fake film licensing deals.  JJMT was paid 15% commission on each investment.

Recent comments from U.S. Securities and Exchange Commission (SEC) Chair Gensler at the Institutional Limited Partners Association Summit and an SEC Division of Examinations (EXAMS) Risk Alert published on the same day highlight the ongoing focus of the SEC on advisory fees, both in the institutional and retail spaces.

In Chair Gensler’s remarks, he expressed concern that private fund investors may not have enough transparent, consistent information regarding private fund fees to “make informed investment decisions.” While he cited previous Risk Alerts issued by EXAMS regarding private fund advisers and the increased regulations imposed on these advisers under the Dodd-Frank Act of 2010, Chair Gensler suggested that it was time to “bring more sunshine and competition to the private funds space.”

Welsh, Carson, Anderson & Stowe (WCAS) has announced it has acquired a majority ownership stake in Leiters.

Leiters, based in Englewood, Colo., and founded in 1926, is a 503B outsourcing provider of hospital and ophthalmology compounded sterile preparations.

WCAS, based in New York, is a private equity firm focused exclusively on the healthcare and…

Securities and Exchange Commission v. BNZ One Capital, LLC, et al. was filed in the United States District Court for the Central District of California on October 28, 2021 claiming Defendants violated the antifraud provisions of the Securities Act,  the Securities Exchange Act,  and Rule 10b-5 thereunder, as well as the registration provisions of the Securities Act. The SEC also brings claims against individual Defendants Barber and Zimmerle for violations of the broker-dealer registration provisions of the Exchange Act and accuses them of being secondarily liable for BNZ’s fraud as control persons pursuant to the Exchange Act.

HGGC and Snapdragon Capital Partners will make a $240 million strategic growth investment in Fullscript, according to a news release.

Fullscript, based in Ottawa, Ontario, describes itself as a supplement dispensing platform and patient adherence tool. Founded in 2011, the company states it generates $300 million in annual revenue.

HGGC, based in Palo…

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On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employees of large employers either to get vaccinated or to test negative on a weekly basis. The ETS also requires large employers to provide employees with paid leave to get vaccinated and recover from vaccinations, and unvaccinated employees to wear a mask at work.

GI Partners and TA Associates have recapitalized Rectangle Health, according to a news release.

Rectangle Health, based in Valhalla, N.Y., is a provider of healthcare financial technology and patient engagement solutions. Founded in 1993, the company provides solutions to hospitals, physician practices, insurance groups and billing services.

GI Partners, based in San…

Marfleet v. Hardin, et al. was filed in the Western District of Tennessee on October 20, 2021. The complaint alleges Defendants operated a nationwide real estate Ponzi scheme that defrauded investors by falsely promising “secured” real estate investments and above-market rates of return in exchange for capital.

Plaintiff Barry Marfleet (“Plaintiff”) is an individual investor. Defendants are James Hardin and his two companies, Defendant Hardin Enterprises Inc. and Defendant MRH Holdings, LLC, (collectively “Defendants”).

RELATED UPDATE: New DOJ Guidance on Corporate Criminal Enforcement (9/16/2022)

On October 28th, Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice (DOJ or Department) is renewing its focus on white collar crime and enforcement, in remarks delivered during the American Bar Association’s 36th National Institute on White Collar Crime. Deputy Attorney General Monaco made clear that the Department is significantly enhancing its efforts to deter white collar crime and promote corporate responsibility and compliance—stating that the government will “surge resources” to its prosecutors in support of these efforts.

Deputy Attorney General Monaco highlighted three new DOJ initiatives aimed at achieving these ends. First, she announced the Department will restore guidance originally adopted in 2015, which requires that companies wishing to receive cooperation credit in DOJ investigations disclose all non-privileged information related to all individuals involved in corporate misconduct. This policy—known as the “Yates Memo,” after its author, former Deputy Attorney General Sally Yates—was modified during the Trump Administration to permit companies to limit their disclosures only to individuals “substantially involved” in misconduct. Deputy Attorney General Monaco explained that, by reinstating the Yates Memo, the Department aimed to provide clarity about its expectations, and to prevent companies from exercising excessive discretion over which facts to disclose to the government, and which individuals to make available to prosecutors.