Third, although creditor incurred fees defending against proposed intervenor Justin Bunnells efforts to vacate the stipulated judgment, these fees are not related to the collection of judgment against debtors. 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. Read more: BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021. Under CCP 187, the Court can fashion an appropriate procedure to ensure that no stone [is left] unturned in the search for assets which might be used to satisfy the judgment. (Troy v. Superior Court (1986) 186 Cal.App.3d 1006, 1014 [[T]he purpose of a judgment debtor examination is to leave no stone unturned in the search for assets which might be used to satisfy the judgment]; Yolandas, 11 Cal.App.5th at 515. Lewiss story was intriguing to me because he was the first African American to reach that milestone. 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. Suite 1200 In a parallel action, the United States Attorney's Office for the Central District of California announced criminal charges against McDonald. Value may lead however in terms of short term suitability for conservative investors. SEMYON GINZBURG VS HERCULES INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. HERCULES INVESTMENTS, LLC, ET AL. My plan to write a $2-$3 billion dollar check for a franchise? The $900 billion stimulus package is necessary and was largely expected by investors but it won't be enough to limit the economic fallout of the pandemic, according to McDonald. Notice of Change of Address or Other Contact Information; Filed by: Semyon Ginzburg (Plaintiff), Updated -- Motion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: Filed By: Semyon Ginzburg (Plaintiff); Result: Denied; Result Date: 10/11/2022, Notice OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff), Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Semyon Ginzburg (Plaintiff); As to: Hercules Investments, LLC (Defendant); James A. McDonald, Jr. (Defendant); Interest: 61846.47; Service Date: 10/11/2022, Minute Order (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST), Certificate of Mailing for (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST) of 10/11/2022; Filed by: Clerk, Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT scheduled for 10/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 72 updated: Result Date to 10/11/2022; Result Type to Held, Request for Refund of Reporter Appeal Transcript Deposit Affidavits attached NA4/29/22; Filed by: Clerk, Updated -- Amended Declaration OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: As To Parties: removed, Motion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff). I knew from the first time I stepped on the field at 11 years old that I wanted to be an NFL linebacker; and today at 49 years old, I still wish I could play in the NFL! When the market decline didnt occur, Hercules clients lost between $30 million and $40 million, according to the affidavit. According to the complaint, McDonald also appears to have terminated his previous phone and email accounts and told one person that he planned to vanish.. at 9), which the Court already addressed and denied (2/15/22 Minute Order). View James A McDonald's profile for company associations, background information, and partnerships. As soon as we found out he was under investigation, we no longer allowed him on our air, said a CNBC spokesperson. If you're an investor, you'd want to look much deeper into each of these situations. Navin: What indicators do you follow to read the markets? Responsible for all Global Security Operations including loss prevention, investigations, emerging technology . McDonald: Without question: Market Wizards Jack Schwager. LOUI RUDAS, ET AL. He played for the Los Angeles Rams and Detroit Lions. The United States Securities and Exchange Commission subpoenaed McDonald to testify before it in November 2021, but without advance notice he failed to appear as required. James McDonald, the founder of the Los Angeles-based firm Hercules Investments, has profited from the market's recent volatility using stock index options. While Browns response to the motion may add clarity as to what plaintiff here seeks, it does not bring plaintiff any closer to obtaining it through via assignment pursuant to CCP 708.510. Enhancements you chose aren't available for this seller. Actually, he didnt just assume it: He bet his clients money rather heavily on it, and lost them upwards of $40 million doing so. Further, creditor also seeks $55,477 in post-judgment interest. 2022-01-10. The SEC noted that McDonald was previously a guest commentator for CNBC -. 3.). A new strain of COVID-19, historically elevated tech . According to McDonalds former romantic partner and business associate, D.J., after the SEC subpoenaed records from Hercules and subpoenaed McDonald for testimony, McDonald told D.J. ), Case Number: *******9709 Hearing Date: March 10, 2022 Dept: 72. Paperback $35.00 1 New from $35.00 This is the story of the James McDonald and the rise and fall of Hercules Investments. Then its fine. 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. Given these circumstances, McDonald said, the S&P 500 could crash to 1,900 if investor sentiment suddenly turns negative. 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. After transferring to and graduating from Harvard, I set a career path with a firm intent to make a positive meaningful impact in the industry and personally to culminate my business career with the purchase of an NFL team for myself. A CNBC spokesperson told USA TODAY the network no longer allowed McDonald on the air as soon it found out he was under investigation. keystyle mmc corp login; thomson reuters drafting assistant user guide. 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. Lindemann Decl. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. He was named a "rising star" advisor in 2012 by ETF.com, frequently appeared on CNBC as a market analyst, including on "Fast Money" and "The Exchange," and Hercules Investments won a. McDonald will also be speaking at The Executives Club of Chicagos 2021 Annual Economic Outlook virtual event on January 14. 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. ), 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 . Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. Currently, S&P 500 price levels imply that the economy is stronger now and will be stronger in the short-term future than it was PRIOR to the beginning of the pandemic. Please use a different way to share. (See 2/15/22 Minute Order at 2-3.) [USA Today]. However, the motion was not properly served. . 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). According to the DOJ, McDonalds troubles began after taking risky short positions in 2020, betting that the U.S. economy, and the stock market,would crater due to the COVID-19 pandemic and the 2020 presidential election. Lists Featuring This Company. Track. Explore our venture lending portfolio here. But my excellence at trading didnt happen overnight. The stock market is a big auction house. VOLQ is even better because it can be used to protect gains and principal in tech holdings. Hercules Investments LLC Active 2019 1 Member Excel Known Addresses for James McDonald. Hercules Investments CIO James McDonald on CNBC The Exchange How To Invest In Bitcoin By Two Harvard Minds. The Adviser grants to the Trust a license to use the names "Hercules Investments" and "Hercules Fund" (the "Name") as part of the name of any Fund during the term of this Agreement. 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. James Arthur McDonald Jr., 50, ran two Los Angeles-based investment firms called Hercules Investments and Index Strategy Advisors. 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. ) or https:// means youve safely connected to the .gov website. as well as other partner offers and accept our, Visit Business Insider's homepage for more stories, Bank of America unveils its top stock pick in each of the 11 S&P 500 sectors and explains why they're poised to dominate in the year ahead, BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021, Registration on or use of this site constitutes acceptance of our. Accordingly, to the extent that the post judgment enforcement proceedings in this case includes work on creditors ex parte application and motions, such work appears not to have been reasonable and necessary. Tune in today to watch James McDonald, CEO of Hercules Investments, on CNBC's Fast Money at 2pm PST. He last appeared on the network in July 2021. The United States Securities and Exchange Commission subpoenaed McDonald to testify before it in November 2021, but without advance notice he failed to appear as required. Amazon has encountered an error. (213) 894-4465. Finally, one place to get all the court documents we need. In late 2020, McDonald lost between $30 million and $40 million of Hercules client money after adopting "a risky short position" based . When facing allegations such as these, its best not to be seen on TV. First, the judgment was entered on December 9, 2021. Why is this public record being published online? 2 at 5.) that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt]. And, now that you, the Justice Department and the SEC mention it, a lot of his stories sound a bit hard to believe. James McDonald: Im a football player first and foremost! Anyone with information about McDonalds whereabouts is encouraged to call the FBIs Los Angeles Field Office at (310) 477-6565. Hercules and the various insureds settled claims for $1,450,000, which was directed by Hercules to be paid into a separate account maintained by BNSK and distributed at Hercules direction for (1) defense costs relating to claims by investors against Hercules for losses sustained as a result of Hercules investment strategies and/or (2) to pay claims by various investors relating to losses by such investors as established by the Settlement Agreement. (Brown Decl. The SEC alleges that McDonald commingled the investor funds with Hercules assets and his personal assets, and used $440,000 of those funds for personal expenses, including to pay his personal credit card bills. "The new strain is one of many potential catalysts that can shift sentiment and trigger violent selling, especially as stocks hit record highs as recently as Friday," McDonald said. Houston, Texas, United States. 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. From this, the Court is hard pressed to make any finding as to what, if any, payments are due to the judgment creditors for purposes of assignment to plaintiff. (Lindemann Decl. THE NAMES "Hercules Investments" AND "Hercules Fund". Updated -- James A. McDonald, Jr. (Defendant): Name Suffix changed from JR. to Jr. McDonald: If you mean beating as in performing better in terms of absolute returns, then the answer is never. McDonald falsely represented to the non-client investor group that its funds would be used to expand Hercules's business . 312 North Spring Street Unless you are aiming for simultaneous knocks on the door from the FBI, SEC and CFTC. Moreover, proposed intervenors failure to do so is telling, as it is not at all clear what Bunnell would hope to and could properly accomplish as an intervenor. The perceived future harm of the new COVID-19 strain in the UK will introduce additional risk to markets, according to McDonald. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. ${cardName} unavailable for quantities greater than ${maxQuantity}. Los Angeles Financial Services Companies. U.S. Attorney's Office, Central District of California, Environmental Crimes and Community Safety, Arcadia Man Charged with Securities Fraud for Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses, Carson Man Sentenced to More Than 11 Years in Prison for Role in International Conspiracy to Launder Money Taken from Fraud Victims, Former MoviePass Executive Arrested on Indictment Alleging He Embezzled $260,000 from Employer to Repay Coachella Debt, Irvine Man Sentenced to 4 Years in Federal Prison for Fraudulently Obtaining $5 Million in COVID Loans He Spent on Sports Cars, Arcadia Man Charged With Securities Fraud For Stealing Client Funds and Concealing His Investment Firms Massive Financial Losses. McDonald, who faces up to 20 years imprisonment if convicted, is believed to be in hiding, the U.S. Attorneys office said in a news release. Accounting and Auditing Enforcement Releases. He then misappropriated those funds in various ways, including spending roughly $174,610 of them at a Porsche dealership. James McDonald works as a Chief Executive Officer at Hercules Investments, which is a Finance company with an estimated 6 employees; and founded in 2019. Case Number: *******9709 Hearing Date: February 15, 2022 Dept: 72. Led the design, development, and rollout of investment management, financial planning, and lending standards and practices to the bank's High Net Worth clients. A .gov website belongs to an official government organization in the United States. Navin: So, you're expecting a big sell-off how big? Ironically, however, pertinent information about any right to payment comes not from the moving party, but from the response to the motion by Ethan J. McDonald: Our calculations put the S&P at 2,889 and the Dow at 23,740by inauguration and if Biden wins, S&P 1,800 and Dow 15,000 by August 2021. Neither seems likely, which perhaps explains proposed intervenors unwillingness to file a proposed complaint or answer in intervention as required by statute. Attempting to bolster that showing, plaintiffs counsel states in a supplemental declaration that there is a gross settlement fund consist[ing] of $1,450,000 that is being held by Ethan Brown (Lindemann Supp. (See CCP 685.070(a) [listing costs that creditor may claim].). Our estimate is that stock prices need to come down 20-50% to reflect COVID-19-impacted U.S. economic activity. It looks like WhatsApp is not installed on your phone. McDonald: Number 1 is COVID-19. Navin: If you could ask Jerome Powell a question what would it be? Or, you know, anywhere, really. 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. Hercules Capital is the largest business development company focused on venture lending, and the lender of choice for innovative entrepreneurs and their venture capital partners. 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. Secure .gov websites use HTTPS Previously, McDonald was of counsel to Gary, Williams, Parenti, Watson & Gary, P.L.LC. ), While BNSK may have previously been in possession of funds that may be used to satisfy the judgment in plaintiffs favor entered in this action, the settlement funds from Herculess insurer have now been deposited into a court account, the allocation of which will be determined in an interpleader action. A Carson man who was a central figure in an international fraud and money-laundering network that targeted $25 million through a variety of frauds including romance scams and elder A former executive at cinema subscription service MoviePass Inc. has been arrested on a federal grand jury indictment alleging he embezzled approximately $260,000 from MoviePass parent company to repay money An Orange County man was sentenced today to 54 months in federal prison for fraudulently obtaining $5 million in COVID-relief loans for his sham businesses, then used the money on Central District of California Step 2) Generate $12 billion in index options profits for growth seeking investors. I became fascinated by the story of how junk bonds via Mike Milken and others were used to revolutionize financing and M&A during the 90s. Plaintiff and judgment creditor Semyon Ginzburgs Motion for an Order Awarding Post-Judgment Costs and Attorney Fees Incurred in Enforcing Judgment is DENIED. The SEC also filed a complaint against the California-based advisor and frequent CNBC commentator. Access your favorite topics in a personalized feed while you're on the go. Plaintiff presented nothing else of relevance in support of the motion. Through his other company, Index Strategy Advisors, McDonald used less than half of $3.6 million raised over more than two years in that firms investment fund for trading. Accordingly, plaintiff fails to demonstrate that the requested documents pertain to the search for assets to satisfy the judgment entered against defendants Hercules Investments, LLC and James McDonald in this action. 297 views, 25 likes, 0 loves, 5 comments, 0 shares, Facebook Watch Videos from Hercules Investments: James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment. "As we see now, eventually reality strikes and changes things overnight. (See Hood v. Gonzales (2019) 43 Cal.App.5th 57, 71 [interpleader is an equitable proceeding where the conflicting claims regarding the interpleaded funds are resolved]. portville central school yearbooks; jennette mccurdy astroseek. 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,. 633 W 5th Street, Los Angeles, CA 90071 2022-01-24, Los Angeles County Superior Courts | Contract | 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. . November's blockbuster jobs report. Approximately $109,512 was transferred to the landlord of a home McDonald was renting in Arcadia; and approximately $6,800 was spent on a website that sells designer menswear. 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