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

This was the best of all possible outcomes and I cannot thank you and the team enough.

Michael S.

LATEST NEWS AND ARTICLES

1785858278 Law
August 4, 2026
SEC Fines Former LPL Broker $125,000 for Undisclosed Conflicts in Private Securities Offerings

The Securities and Exchange Commission (SEC) has censured a former LPL Financial broker and imposed a $125,000 civil penalty after finding that he failed to disclose conflicts of interest related to private real estate securities offerings that generated nearly $1.5 million in compensation, as reported by AdvisorHub.

1785772777 Law
August 3, 2026
FINRA Launches Review of High-Risk Structured Notes Sales and Supervision

The Financial Industry Regulatory Authority (FINRA) has launched a regulatory sweep examining the sale of high-risk structured products, with particular attention on non-principal protected "worst-of" structured notes, according to AdvisorHub.

1785531573 Law
July 31, 2026
Former Alabama Financial Advisor Barred After Selling His Practice

The U.S.