Can You File a GPB Capital Lawsuit?
If you’ve recently invested in GPB Capital stock, you may be wondering whether you can file a GPB Capital lawsuit. This article will discuss the class action and the investigation that the Department of Justice and SEC are currently conducting. This class action traces its origins to GPB’s acquisition of upstate New York car dealerships. The company’s CEO and the owner of those businesses, a Russian businessman with ties to organized crime, purportedly controlled the companies. In addition to buying these businesses, GPB raised funds through two captive broker-dealers, which allegedly promised investors an 8% annual return.
Class action vs GPB Capital
The Shareholders Foundation filed a class action lawsuit against GPB Capital in Texas, alleging that the investment firm misled investors. The lawsuit named several defendants, including GPB executives, Ascendant Capital, and fund administrators. The lawsuit also claims that GPB violated federal securities laws, resulting in investor losses. The company’s executives failed to disclose that they had conflicts of interest. The SEC investigation found that the company’s executives allegedly misled investors about the risks of GPB.
In response, Attorney General James filed a lawsuit against GPB Capital on behalf of investors. The lawsuit accused the private equity fund manager and five other defendants of running a Ponzi scheme, in which investors were promised a generous monthly distribution that never materialized. The lawsuit also alleges that the fund misappropriated investors’ funds by facilitating backdated financial statements, obtaining private planes, paying off family members, and purchasing sports cars.
Several defendants were named in the lawsuit, including the two GPB limited partnerships and the general partner, GPB Capital holdings LLC. It also named the co-founders, David Gentile, Jeffrey Lash, and Jeffry Schneider. In addition to these defendants, the lawsuit also names entities and firms that sold and marketed GPB Investments. The case has generated over three dozen awards, with more expected in the future.
The lawsuit was filed after a former business partner of GPB accused the firm of operating a Ponzi scheme. The company’s founder used the funds of investors to prop up auto dealerships, and pay other investors. The former business partner filed the lawsuit, according to InvestmentNews. The lawsuit alleges that GPB improperly used investors’ money to pay dividends to other investors. It is unclear if this lawsuit is related to other pending cases against GPB.
While GPB’s legal team defended its actions, the federal agencies’ subpoenas are related to an investigation into the company’s former operating partner Patrick Dibre. Dibre had reneged on the sale of multiple car dealerships in New York. GPB is now seeking $42 million back from Dibre. Another lawsuit, filed by David Rosenberg, accuses GPB of operating a Ponzi scheme. It has failed to provide audited financial statements for over two years, and is still under investigation by the US Securities and Exchange Commission.
In addition to the investigation, numerous arbitration complaints have been filed against the company. The SEC and FINRA have also launched their own investigation of GPB. The investigation has been continued after the GPB executives allegedly cheated investors. FINRA, the Securities and Exchange Commission, and the FBI have all conducted raids of GPB Capital’s New York office. After the raid, GPB admits that it made the funds significantly lower than they should have, despite having an agreement with them to distribute their funds. The firm’s Compliance Chief is charged with obstruction of justice.
SEC investigation vs GPB Capital
A court filing filed in the Eastern District of New York alleges that the Securities and Exchange Commission is investigating private equity firm GPB Capital Holdings, LLC. This comes after the Massachusetts Securities Regulation Commission started a probe into the firm’s sales of funds to Main Street investors. In the complaint, the SEC seeks disgorgement of any ill-gotten gains and prejudgment interest. But what exactly is this investigation?
According to the SEC complaint, the executives of GPB Capital made false statements to investors about their investments. In their marketing materials, they reportedly said that payments were made with the funds generated by their portfolio companies. But the companies actually used the investor’s money to make payments to themselves. The SEC is pursuing these individuals and the company for violating federal securities laws. If the allegations prove to be true, the company could face criminal charges.
The SEC charges GPB Capital Holdings and three of its executives with defrauding over 17000 retail investors. The SEC has argued that the firm’s executives violated whistleblower protection laws and broke the law by failing to deliver audited financial statements. In addition to this, they failed to register two funds with the SEC. Further, the company violated whistleblower protection laws by violating the rights of a whistleblower who reported the fraud.
GPB Capital failed to inform investors about the amount of dividends it paid to its portfolio companies. Typically, legitimate investment funds pay dividends to their investors through the profits of their portfolio companies. But GPB may have used investor funds to pay these distributions, making it look more like a Ponzi scheme. Its alleged practices may have harmed hundreds of millions of investors, which is why the SEC is investigating the firm.
The SEC’s investigation vs GPB Capital began after a whistleblower reported that the company was violating federal securities laws. The whistleblower reported multiple threats and even filed multiple police reports. The SEC is investigating GPB Capital Holdings and the brokerage firms that sold the company to him. Crowe LLP, the company’s auditor, resigned due to perceived risks. Additionally, the New York City business integrity commission and FBI began investigating the company. And, as of February 2019, Prime Automotive Group and David Rosenberg filed a complaint against GPB Capital Holdings.
According to the SEC complaint, GPB Capital violated whistleblower protection laws. In addition to ignoring the law, it also inserted provisions into separation agreements that prevented individuals from coming forward with information to the SEC, thereby retaliating against those who came forward to disclose misconduct. As a result, GPB Capital was unable to meet its obligations to its investors. Its investors are suffering as a result.
Department of Justice investigation vs GPB Capital
According to the Department of Justice’s latest announcement, the GPB Capital firm is under investigation by the SEC, the Federal Bureau of Investigation, and several state securities agencies. The company is accused of defrauding investors by promising 8 percent returns. The company raised $1.8 billion through various funds and downstream broker dealers, but failed to distribute the money to investors. Instead, the company’s operators paid their clients out of the money of new investors. As a result, new investors stopped receiving monthly payments. The investigation is continuing and the people involved face up to 20 years in prison.
The New York Attorney General’s Office recently filed a lawsuit against GPB Capital Holdings, LLC, and five other defendants. The suit alleges that GPB Capital operated a Ponzi-like scheme that defrauded investors of $150 million. In addition to the lawsuit filed in New York, separate suits were filed in Texas, Alabama, Georgia, and South Carolina. In addition, the SEC has unsealed indictments against Gentile and Ascendant Capital.
The charges stem from Michael S. Cohn’s actions as a former SEC examiner. During his employment negotiations, Cohn allegedly stole sensitive information and then disclosed it to GPB’s management. In addition, other former GPB executives were accused of making false statements to investors, misrepresenting the company’s performance, and defrauding clients. A full press release on the investigation can be found here.
As a result of the investigation, GPB Capital has agreed to pay $215 million in damages to investors. The company’s affiliates have also been charged with conspiracy to commit securities fraud. GPB Capital allegedly hid millions of dollars in compensation and fees from investors and failed to disclose the full extent of the companies’ profits. In addition, the firm violated whistleblower protection laws. The SEC’s decision will help investors recover from their losses.
According to the SEC, the GPB Capital holding companies engaged in a $1.8 billion Ponzi scheme. GPB partnered with independent brokers and brokerage firms to sell private partnerships in GPB holdings to wealthy investors for high commissions. The Securities and Exchange Commission filed enforcement actions against GPB on February 4, 2021. The SEC claims that GPB paid its investors dividends with money obtained from other investors.
A number of arbitration complaints were filed against GPB Capital. The Securities and Exchange Commission, the Massachusetts Securities Division, and the Financial Industry Regulatory Authority are investigating the firm. The SEC has filed a formal complaint against GPB and three of its affiliates. In addition, the Department of Justice recently charged former SEC examiner Michael S. Cohn with obstructing justice. If this case is proven, GPB will face jail time.
The GPB Capital investigation has also led to the arrest of three of its executives. In addition to violating federal securities laws, GPB Capital allegedly engaged in fraudulent conduct by falsifying financial statements, defrauding investors and obtaining personal assets. Further, the defendants were accused of violating securities laws and registering fraudulent entities with state securities agencies. As a result, the indictment alleges that the GPB capital scandal was the result of a fraudulent scheme involving high-commission limited partnership interests.