"Risks here are as high or higher than potential gains, so it only makes sense to have a defense in place," McDonald concluded. Access your favorite topics in a personalized feed while you're on the go. 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,. 21STCV19709 in the Superior Court of California, County of Los Angeles. McDonald: Number 1 is COVID-19. Generally speaking, if markets crash, the gains in the volatility exposure will offset the losses in an equity portfolio. - Strategies to profit from a stock market decline 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. A complaint contains allegations that a defendant has committed a crime. Case Number: *******9709 Hearing Date: May 3, 2022 Dept: 72. To add the following enhancements to your purchase, choose a different seller. 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. Plaintiff Semyon Ginzburgs Motion to Compel Compliance with Subpoena is DENIED. But some clients discovered Hercules plight, and confronted McDonald on a phone call in March 2021, while McDonald continued to send ISA clients false account statements, according to Chowthis complaint. at 9), which the Court already addressed and denied (2/15/22 Minute Order). On May 3, 2022, creditors motion to compel compliance with subpoena was denied. In 2018, I earned Defensive MVP for my championship winning team and led the entire league in tackles. 28, 2021 at 7:18 a.m. (whos only identified as suchin the complaint) a laptop and cell phone to secretly communicate with McDonald, as well as a thumb drive containing information about which clients were owed money. James McDonald - Latest News and breaking headlines - Benzinga Contribute SPY 412.68 0.04% QQQ 306.75 0.74% BTC/USD 22088.42 1.612% DIA 341.15 0.41% GLD 172.58 0.06% TLT 104.02 0.23% James. Navin: If you could ask Jerome Powell a question what would it be? James Macdonald will celebrate 62nd birthday on a Tuesday 4th of October 2022. He appeared as a financial expert on TV. Either way, any such money in Mr. Browns account does not constitute a right to payment due or to become due to defendants which may be assigned pursuant to CCP 708.510. "As we see now, eventually reality strikes and changes things overnight. 2022-01-21, Los Angeles County Superior Courts | Contract | Proposed intervenor failed to include a copy of the proposed complaint in intervention or answer in intervention, as required by CCP 387(c). He last appeared on the network in July 2021. Hercules Investments specializes in actively managed and systematic investment strategies to monetize investment performance from equity market volatility. 5.) After injuries in high school, as a non-scholarship walk-on player, I ended up playing college football in Maryland and was having a stellar season as a freshman until I suffered a catastrophic knee injury that rendered me disabled for the next 15 years. But my excellence at trading didnt happen overnight. McDonald an avid football enthusiast stated that he planned to launch a publicly traded mutual fund under the ticker symbol NFLHX. The losses to Hercules clients and the potential for litigation related to those losses jeopardized the success of that fund because any litigation would have had to be publicly disclosed. Hercules Investments Chief Executive Officer James McDonald expects additional declines in tech stocks and the broader equity market. Things are escalating quickly for the folks behind StraightPath Venture Partners. A mere 5% allocation to its ITM call options would have sufficed for protection for an entire portfolio. This is the best and simplest approach, but these securities should not be traded by novice investors. Share sensitive information only on official, secure websites. 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. Updated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. How To Invest In Bitcoin By Two Harvard Minds. 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. 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. 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,. Number 3 is the presidential election. V.P., Director of Strategic Initiatives, BBVA Compass, Houston, TX, 2002- 2006 Direct report to the CEO of the $12 Billion AUM Wealth Management Group (WMG). He then misappropriated those funds in various ways, including spending roughly $174,610 of them at a Porsche dealership. 5.) James McDonald went from being CNBC market pundit, media darling and self-proclaimed options guru to a fugitive in hiding and on the run. James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment opportunities in the technology industry and the new FAANGS. Step 1) Become the best index options trader in the world, and I am very confident that today I have done that. 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. View James A McDonald's profile for company associations, background information, and partnerships. Since McDonalds compensation for his investment advisory services primarily was based on a percentage of assets under his management typically 2% of a clients total assets held by Hercules the massive losses to Hercules clients significantly decreased the fees McDonald was entitled to collect. (See Ex Parte App. Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. ${cardName} unavailable for quantities greater than ${maxQuantity}. VS TRILLER HOLD CO LLC, ET AL. When investors really want something they are willing to pay up, and stock prices rise. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. To the extent the requested documents may serve as evidence the settlement was intended to satisfy plaintiffs claims asserted in this action (or was somehow made in bad faith to cheat plaintiff), discovery for that purpose may be germane to plaintiffs claims of equitable entitlement to the funds deposited in the interpleader action and must be sought in connection therewith. 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. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. Look at what happened in February when the virus became known. Too many people and firms over-complicate these basic truths. Hercules Investments Location 633 W 5th St Ste 6770, Los Angeles, California, 90071, United States Description Read More Industry Finance General Finance TIMOTHY Z. MOSLEY, ET AL. Or before an SEC investigator. Yet only 14.5% of the global market has been penetrated. If you do not agree with these terms, then do not use our website and/or services. (Reply at 3.) Our estimate is that stock prices need to come down 20-50% to reflect COVID-19-impacted U.S. economic activity. 2-3, 5 & Ex. McDonald told Business Insider. 1 1 Hercules Investments @HerculesInvests May 13, 2021 Tune in today's Fast Money on CNBC at 2pm PST. James McDonald, Hercules Investments founder and CEO, said Friday that the news of President Donald Trump contracting COVID-19 could "completely change the direction of the campaign," and. But what really got my attention was the security that empowered Lewis to make history: junk bonds. CEVA Logistics. Lindemann Decl. Decl. McDonald will also be speaking at The Executives Club of Chicagos 2021 Annual Economic Outlook virtual event on January 14. James McDonald, the founder of the Los Angeles-based firm Hercules Investments, has profited from the market's recent volatility using stock index options. Public Records Policy. Plaintiff Semyon Ginzburgs Motion for Order Assigning Right to Payment Due to Satisfy Judgment is DENIED. Case Details Parties Documents Dockets. McDonald was CEO of Hercules Investments LLC of Los Angeles and Index Strategy Advisors Inc. of Redondo Beach, and frequently appeared as an analyst on the CNBC financial TV news network, authorities said. Scott Gamm (See CCP 685.080(b).) The SEC's complaint, which was filed in the Central District of California, charges McDonald and Hercules with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. He recommended investors have exposure to volatility instruments, which can offset losses in core holdings if markets fall. According to the complaint, McDonald falsely represented that investor funds would be used to expand Hercules's business, lied about the firm's financial condition, and failed to disclose that he had promised Hercules clients that the firm would repay earlier losses. Pastor James MacDonald, of Harvest Bible Chapel, was given the boot last week by church elders after "highly inappropriate . That is fatal. 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 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. Ruth Ann Kwan in Department 72 Stanley Mosk Courthouse, DocketComplaint; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketCivil Case Cover Sheet; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketSummons on Complaint; Issued and Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Case Number: *******9709 Hearing Date: October 11, 2022 Dept: 72, MOTION FOR POST-JUDGMENT COSTS AND ATTORNEY FEES INCURRED IN ENFORCING JUDGMENT, Case: Semyon Ginzburg v. Hercules Investments, LLC et al. ), Pursuant to CCP 187 and 708.130, a judgment creditor may conduct postjudgment discovery on third parties regarding the location of assets no longer in the possession of the third party. (Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate (2017) 11 Cal.App.5th 509, 511, 514-15.) Of course, like most of the people brought on by CNBC to explain how the market will react to certain things (like talking heads on any subject on any 24-hour news channel), being generally right about those things was not a booking requirement. The Securities and Exchange Commission today announced the filing of a civil injunctive action against James Arthur McDonald, Jr. and his SEC-registered investment adviser firm, Hercules Investments, LLC in connection with two fraudulent securities offerings. James McDonald: Im a football player first and foremost! "There are going to be explosive opportunities for investors," says James McDonald, CEO of investment firm Hercules Investments on November 12. 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. Los Angeles County Superior Courts | Contract | In an initial declaration, counsel for plaintiff confusingly and without providing context, corroboration, or support states: The settlement agreement underlying the Judgment, and communication, refers to the fact that the payment will come from the Ascot insurance policy. (Lindemann Decl. Suite 1200 Fourth, creditor did not provide any breakdown of how many hours were spent on each task purportedly incurred to enforce the judgment, such as through submission of time sheets. 2022-01-10. 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).). Step 2) Generate $12 billion in index options profits for growth seeking investors. The SECfiled a civil complaint today charging McDonald and Hercules with violations of federal securities law. ), 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 . 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. The SEC also filed a complaint against the registered investment advisor. For the foregoing reasons, the motion is DENIED. Neither seems likely, which perhaps explains proposed intervenors unwillingness to file a proposed complaint or answer in intervention as required by statute. Read more about Hercules Capital's Fourth Quarter and Full-Year 2022 Results Life Sciences Technology SaaS Finance Sustainable + Renewable This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. Decl. In fairness to James McDonald, television is a much more welcoming venue than an SEC hearing room or courthouse. Don't miss this show today! VS DANNY MICHAEL CORRAL, ET AL. This is the story of the James McDonald and the rise and fall of Hercules Investments. Pursuant to CCP 685.040, paragraph 13 of the stipulated judgment, and CCP 1033.5(10)(A), creditor Ginzburg is entitled to the reasonable and necessary costs of enforcing a judgment. 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