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Financial Services Law Insights and Observations

Final judgment entered in alleged misappropriated funds suit

Courts Securities Enforcement Fraud Bankruptcy Code

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On September 19, the U.S. District Court for the District of Southern Florida granted final judgment against an individual to resolve SEC allegations regarding her involvement in a company that allegedly fraudulently misappropriated funds from investors. As previously covered by InfoBytes, the SEC’s complaint claimed that the individual was employed by the company and was the wife of a chief executive officer who falsely represented to many Venezuelan-American investors that the company would use their funds to finance payday loans through the offer and sale of “safe and secured or guaranteed” promissory notes. The complaint noted that the defendant “received at least $1.2 million of [the company’s] investor funds for no apparent legitimate business purpose,” in violation of the federal securities laws or any regulation or order issued under such laws, as set forth in the Bankruptcy Code. According to the order, the defendant must pay $994,000 in disgorgement and $83,000 in interest.