SEC Sanctions Two Investment Advisers for Impeding

New Post Public Reply Private Reply Replies (0) Message Board
saurabh
SEC Sanctions Two Investment Advisers for Impeding Examinations

FOR IMMEDIATE RELEASE
2012-238

Washington, D.C., Nov. 20, 2012 — The Securities and Exchange Commission today sanctioned two investment advisory firms for impeding examinations conducted by SEC staff.

An SEC investigation found that Evens Barthelemy and his New York-based firm Barthelemy Group LLC misled SEC examiners by inflating the firm’s claimed assets under management (AUM) ten-fold in an apparent attempt to show that the firm was eligible for SEC registration. Another SEC investigation found that Seth Richard Freeman and his San Francisco-area firm EM Capital delayed nearly 18 months in producing books and records related to the firm’s mutual fund advisory business.

Both firms agreed to settle the SEC’s charges against them.

“Barthelemy was not truthful and Freeman was not responsive during their respective interactions with SEC examiners,” said Bruce Karpati, Chief of the SEC Enforcement Division’s Asset Management Unit. “We will continue to pursue enforcement actions against firms that obstruct or delay the SEC’s critical work in overseeing investment advisers.”

Carlo di Florio, Director of the SEC’s Office of Compliance Inspections and Examinations, added, “Examinations of SEC-registered firms play a vital role in protecting markets and investors, and we expect their candor and prompt cooperation as SEC staff works to promote compliance, monitor risk, and prevent fraud.”

According to the SEC’s order against Barthelemy and his firm, when examiners asked for a list of client assets, Barthelemy misrepresented his firm’s AUM as $26.28 million instead of the actual $2.628 million. He downloaded client account balances from the firm’s online custodial platform onto a spreadsheet, and then manually moved the decimal points for each client one place to the right before providing it to the SEC staff. From July 2009 to early 2011, Barthelemy improperly registered Barthelemy Group with the SEC on the basis of the aspirational AUM that was 10 times higher than reality. Barthelemy Group, through Barthelemy’s actions as chief compliance officer, also failed to adopt reasonable compliance policies and procedures or to maintain required books and records concerning codes of ethics and providing the firm’s disclosure brochure to clients.

Barthelemy agreed to be barred from the securities industry and from associating with an investment company, with the right to reapply after two years. Without admitting or denying the allegations, Barthelemy and his firm consented to cease-and-desist orders, and the firm was censured. Barthelemy and his firm also will provide a copy of the proceeding to their clients and appropriate state securities regulators, will post a copy on the firm’s website, and will disclose the proceeding in an amended SEC Form ADV filing.

According to the SEC’s order issued today against Freeman and his firm, they failed to immediately furnish the required books and records upon request by SEC staff in December 2010. EM Capital and Freeman repeatedly promised to provide the records including financial statements, e-mails, and documents related to their management of a mutual fund. However, they did not fully comply until September 2012, months after learning that SEC staff was considering enforcement action against them.

Freeman and EM Capital agreed to pay a combined $20,000 penalty. Without admitting or denying the SEC’s findings, Freeman and EM Capital also agreed to censures and cease-and-desist orders.

The SEC’s investigation of Barthelemy Group was conducted by David Neuman and Scott Weisman of the SEC’s Asset Management Unit. The examination of Barthelemy Group was conducted by Dawn Blankenship, Kristine Geissler, Arjuman Sultana, Margaret Pottanat, and Anthony Fiduccia of the New York Regional Office’s investment adviser/investment company examination program. The SEC’s investigation of EM Capital was conducted by Sahil W. Desai and Erin E. Schneider of the San Francisco Regional Office, who are members of the SEC’s Asset Management Unit. The examination of EM Capital was conducted by Tom Dutton, Ada Chee, and Ed Haddad of the San Francisco Regional Office’s investment adviser/investment company examination program.

# # #

Scroll down for more posts ▼

Top 10 Most Recent News Articles

Alcott HR's Sales Strategy Gets a Boost with New Hire

Updated Category News Views 4

Alcott HR Ramps Up Sales Firepower Now here's something fresh from the world of human resources outsourcing—Alcott HR has grabbed a new ace for their sales team. Eldin Radoncic is the name you'll want to remember, folks, because he's diving headfirst into the Director of Sales seat at this IRS Certified and ESAC Accredited player based out in good old Farmingdale, New...

Continue Reading
MasterBrand's 2027 Kitchen Trends: Embrace Warmth

Updated Category News Views 3

Wood Finishes and the Warm Embrace Alright folks, let's cut through the fluff and get to the heart of the matter: wood finishes are making a roaring comeback in 2027 kitchens. And it's not just some passing phase, we're talking a comprehensive shift toward warmer and more natural kitchen designs. MasterBrand, Inc. isn't just throwing darts at a board here. They surveyed a...

Continue Reading
Lumicell Expands LumiSystem in Breast Cancer Surgery

Updated Category News Views 4

Innovation in Breast Cancer Surgery: A Real-World Game Changer? You’ve got your flashlight guiding a scared child through the dark, and in the healthcare world, Lumicell is promising to do just that for surgeons navigating the tricky maze of breast cancer surgery. Their LumiSystem is making waves in breast-conserving surgery—new kid on the block with a real chance at...

Continue Reading
TWP & Commbi Unveil Exclusive Pony Clog Collaboration

Updated Category News Views 3

A Fusion of Fashion and Functionality Walk down the streets of New York or hustle your way through an airport without worrying about your footwear weighing you down. That's the promise coming from the fresh alliance between TWP and Commbi with their new Pony Clog Collaboration. A blend of high fashion and everyday utility, these clogs aren't just keeping up with the...

Continue Reading
Orthopedic Expert Highlighting Midwest Pain Access Gaps

Updated Category News Views 4

Over in the vast sprawl of rolling plains and prairie winds, folks in the Upper Midwest are grappling with an ironic reality. As technological advancements blaze trails, people suffering from vertebrogenic pain are finding themselves up against a wall of limited access to specialized care. We’ve got Dr. James T. Brunz, the man of the hour, one of only about 15 Intracept...

Continue Reading
Postal Connections Expands with New Hillsboro Opening

Updated Category News Views 3

Expanding Horizons in Hillsboro In the world of postal and office services, Annex Brands, Inc. is making headlines by launching yet another Postal Connections spot, this time planting its flag in the tech-centric town of Hillsboro, Oregon. Spearheaded by Jason Rautenkranz, this expansion is more than just another dot on a map—it's a strategic push into one of the...

Continue Reading
G-STAR & Wu-Tang Clan Unleash Denim Fusion

Updated Category News Views 4

Denim and Old-School Beats: A Fresh Partnership Just when you think fashion collaborations have run their course, along comes something worth the buzz. This fall, G-STAR, the edgy Dutch denim frontrunner, and the legendary hip-hop collective of Wu-Tang Clan are shaking up the apparel scene, blending raw denim with raw rap. It's a multi-year collaboration that doesn't slap...

Continue Reading
FC2 Condom Educates NYC on Health and Wellness

Updated Category News Views 4

Union Square Becomes a Hub of Interactivity The heart of NYC pulsed with purpose as FC2 Female Condom set up shop in Union Square, using the iconic location as a stage for a different kind of celebration. Clear Future, the manufacturer behind FC2, marked Global Female Condom Day with an event unlike any other. It wasn't just about the product—it was a call to educate...

Continue Reading
MSP360 Unveils Free Proxmox Backup: A Game Changer?

Updated Category News Views 4

Backing Up: New Paths for Proxmox Users Ever get that feeling of uncovering something truly worth its weight in gold? That's what MSP360 just dropped on us, with their new backup solution for Proxmox that won’t cost you a dime upfront. They're calling it the Community Edition, and it’s not only free, but it comes with all the bells and whistles for protecting those...

Continue Reading
Mutare Sharpens Security for Webex Calls with Precision

Updated Category News Views 2

Control Dialed In: Tailored Call Screening Kicking things up a notch, Mutare is redefining call security by fine-tuning their Voice Security for Webex Calling. Imagine this—custom rules now let organizations shape a security policy down to the very last detail, ensuring unwanted calls don’t slip through the cracks. Wave goodbye to the broad-strokes approach. Precision...

Continue Reading

Top 5 Most Recently Viewed Articles

Strive Inc's New Chief Investment Officer to Boost Bitcoin Focus

Updated Category News Views 178

Strive Inc Welcomes Ben Werkman as CIO Strive, Inc. (NASDAQ: ASST), a pioneering company in Bitcoin treasury management, has introduced Ben Werkman as its new Chief Investment Officer (CIO). Ben brings with him a wealth of knowledge and experience aimed at enhancing the company's strategy in digital assets and investing, particularly focusing on Bitcoin. Ben Werkman's...

Continue Reading
Clairvest's Impressive Recapitalization Journey with F12.net

Updated Category News Views 145

Clairvest's Strategic Recapitalization of F12.net Clairvest Group Inc. (TSX: CVG) has recently achieved a notable success with the recapitalization of F12.net, a prominent managed service provider in Canada. This significant transaction marks an exciting new chapter for F12 and its stakeholders. The deal involved a majority investment from a leading private equity firm,...

Continue Reading
Epic Launch of Solo Leveling: ARISE OVERDRIVE Ignites Excitement

Updated Category News Views 234

Solo Leveling: ARISE OVERDRIVE Has Officially Launched Get ready for an unforgettable adventure! Solo Leveling: ARISE OVERDRIVE is now available on Steam and Xbox PC. This action RPG takes inspiration from the globally popular webtoon, bringing its iconic story to life in a brand new way. Dive into the World of Sung Jinwoo Players will join Hunter Sung Jinwoo, who rises...

Continue Reading
California's New Diversity Requirements for Venture Capital Firms

Updated Category News Views 226

California's New Diversity Reporting Regulations California has taken a significant step forward in promoting equity and inclusion in the venture capital sector. The state has introduced a regulatory framework that mandates venture capital firms to report demographic data about the founders they support. This initiative falls under a statute aimed at ensuring "Fair...

Continue Reading
Cegedim's Strategic Shift to Euronext Growth Enhances Visibility

Updated Category News Views 158

Introduction to Cegedim's Share Listing Transition Cegedim, a key player in the digital data management sector for healthcare and B2B, has embarked on an important journey. The company has decided to transfer its share listing from the regulated Euronext Paris market to the less-regulated Euronext Growth platform. This strategic move is designed to enhance visibility and...

Continue Reading