SEC Charges Investment Advisers With Defrauding Retired NFL Players
Those investors were mostly retired NFL players in a class action lawsuit against the league claiming they suffered brain injuries as a result of concussions. Many had risked their NFL retirement funds.
August 29, 2019 at 07:56 PM
4 minute read
The original version of this story was published on Daily Business Review
The U.S. Securities and Exchange Commission sued a Tallahassee-based investment adviser firm and its two former principals Tuesday, alleging they defrauded investors.
Those investors were mostly retired NFL players in a class action lawsuit against the league claiming they suffered brain injuries as a result of concussions. Many had risked their NFL retirement funds.
The defendants are Cambridge Capital Group Advisors; Phillip Timothy Howard, the former president of the investment firm and a Florida attorney; and former registered investment adviser Don Warner Reinhard. The SEC had previously barred Reinhard from acting as an investment broker or adviser because of fraud charges.
"We allege that Cambridge, Howard and Reinhard defrauded these particularly vulnerable investors, many of whom invested their retirement savings," said Eric I. Bustillo, director of the SEC's Miami regional office. "Instead of investing all of the funds' assets as promised, Howard and Reinhard used a significant portion of investor money to line their own pockets."
Between Oct. 5, 2015, and March 31, 2017, the defendants raised an estimated $4.1 million from about 20 investors through the sale of limited partnership interest securities in two private investment funds, according to the complaint filed in U.S. District Court for the Northern District of Florida. More than half of the players had used retirement accounts to make their investments, the SEC alleged.
"Howard represented National Football League players who suffered concussion-related brain injuries during their NFL careers in connection with a class action lawsuit against the NFL," the SEC wrote in the complaint. "Howard has acknowledged that these players' 'brain function is not there, their body has been beat up from the NFL, they don't have employment capacity, they don't have credit, and they don't have capital anymore.'"
The complaint said Howard and Reinhard "knowingly or recklessly materially misrepresented the Funds' investment focus, how the Funds would use investor money, and Reinhard's background and experience in the securities industry." They reportedly told the former players their funds were invested in a "diverse range of securities with a secondary focus on litigation settlement advances."
"In truth, the Funds primarily paid settlement advances to former NFL players—including 18 of the 20 investors—in connection with the NFL Concussion Lawsuit," the complaint said.
"Additionally, the Defendants misappropriated a total of more than 20 percent of investor funds, or about $973,000, to pay themselves fees and to cover costs associated with Howard's personal residential mortgages," the complaint said. "On top of that, in 2015 and 2016, Howard, on behalf of Cambridge, filed disclosure statements with the Commission representing that in the past ten years no affiliate of Cambridge had pled guilty to a felony or been enjoined by a domestic court in connection with any investment-related activity."
That was wrong, according to the SEC. "In 2009, Reinhard pled guilty to a felony. In 2008, this District Court permanently enjoined Reinhard from violating the anti-fraud provisions of the federal securities laws in a civil enforcement case the Commission filed against him for securities fraud for misleading clients regarding investments," the complaint said.
Howard has also faced scrutiny in the past from former business associates and the state bar. In April, the Florida Bar accused the lawyer of false accounting and misappropriating the settlement funds of a paraplegic client. Howard has also been sued by his former co-counsel J.B. Harris over disputes in tobacco cases.
Howard and Reinhard could not be reached via phone or email Thursday, and their voicemail box was full.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTravis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readLegal Speak's 'Sidebar with Saul' Part IV: Deliberations Begin in First Trump Criminal Trial
1 minute readJosh Partington of Snell & Wilmer Is in Fact a Rock Star in the Office (and Out of It)
1 minute readTrending Stories
- 1Prior Inconsistent Statements and Medical Malpractice Defense
- 2Public Interest Calendar of Events
- 3Why Law Firms Should Focus on IA for Improved Gen AI
- 4Post-Pandemic Increase in Live Events Prompts Need for Premise Liability Action
- 5Companies' Dirty Little Secret: Those Privacy Opt-Out Requests Usually Aren't Honored
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250