Tr?id=566623520170033&ev=PageView&noscript=1

$1.8 Million SEC Judgement Against Advisor Upheld on Appeal

Posted on July 25th, 2022 at 1:27 PM
$1.8 Million SEC Judgement Against Advisor Upheld on Appeal

From the Desk of Jim Eccleston at Eccleston Law:

The Securities and Exchange Commission (SEC) has convinced the U.S. Court of Appeals for the Seventh Circuit to uphold a $1.8 million judgment imposed on an advisor accused of fraud. 

The Court of Appeals upheld a restitution award against the advisor, Randall Goulding, citing his “net unjustified proceeds,” but the court additionally vacated a district court injunction requiring the advisor “to obey the law” because it lacked sufficient details. A district court in 2019 determined that Goulding, owner of The Nutmeg Group, commingled investor funds with personal assets and overvalued certain fund assets. The U.S. District Court for the Northern District of Illinois subsequently issued the injunction and ordered Goulding to pay $1.8 million, including $642,422 of disgorgement. 

Goulding unsuccessfully argued that the disgorgement award ought to be reduced in light of the 2020 U.S. Supreme Court ruling in Liu v. SEC, which prohibited the SEC from pursuing disgorgement beyond the net profits generated by the purported misconduct. On the other hand, the district court’s injunction restricted Goulding from violating anti-fraud provisions of the Investment Advisers Act. However, Goulding alleged that the injunction failed to provide specifics as to what conduct was barred, which prompted the Seventh Circuit to find that the injunction was an abuse of discretion. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, sec, fraud

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

 


It was really fun seeing you fight for us. You have an amazing way of thinking out of the box.


 

Beth M.

LATEST NEWS AND ARTICLES

1787157891 Law
August 19, 2026
Former UBS Financial Advisor Suspended and Fined Over Unauthorized Trading Allegations

The Financial Industry Regulatory Authority (FINRA) suspended a former UBS Wealth Management USA broker for three months and fined him $10,000 after finding that he executed hundreds of trades in two customers' accounts without the required written authorization.

1787156982 Law
August 19, 2026
FINRA Suspends Former Gradient Securities Advisor

The Financial Industry Regulatory Authority (FINRA) has suspended former Gradient Securities representative Mark J.

1787070589 Law
August 18, 2026
Senior Protection Case Study: Edward Jones and Senior Investor Safeguards

A recent incident involving Edward Jones illustrates how challenging it may be to employ safeguards for protecting older clients from financial exploitation.