$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

I am grateful to have found an outstanding law firm that specializes in securities matters. My lawyers were extremely knowledgeable, diligent, and are skilled litigators. No stone was left upturned. As a result of their experience and tenacity, the arbitration proceeding was dismissed in my favor.

Michael E.

LATEST NEWS AND ARTICLES

December 2, 2025
Crypto's Leverage Shakeout Exposes Structural Risks

The crypto market’s recent downturn erased nearly $20 billion in leveraged positions within hours and half a trillion dollars in market value over a single weekend.

December 1, 2025
UBS Winds Down Funds as First Brands Bankruptcy Ripples Through Global Markets

UBS Group AG has begun liquidating two invoice finance funds with direct exposure to First Brands Group, marking one of the earliest moves by a major financial institution to contain the fallout from the bankrupt auto-parts supplier’s collapse, as reported by Bloomberg Law.

November 26, 2025
Former GWG Chair Charged in Alleged $150 Million Fraud Scheme as Investor Losses Mount

Federal prosecutors have intensified scrutiny of the long-running collapse of GWG Holdings Inc., unveiling criminal charges against Bradley Heppner, the former chair of both GWG and Beneficient.