SEC Accuses Upright Financial and Founder of Breaching Prior Settlement and Misleading Investors

Posted on April 24th, 2025 at 2:14 PM
SEC Accuses Upright Financial and Founder of Breaching Prior Settlement and Misleading Investors

From the desk of Jim Eccleston at Eccleston Law

According to InvestmentNews, the Securities and Exchange Commission (“SEC”) has charged registered investment advisor Upright Financial Corp. and its founder, David Yow Shang Chiueh, for violating a prior settlement agreement and continuing a pattern of misconduct that allegedly defrauded investors and breached fiduciary duties.

Chiueh launched Upright Financial in the 1990s, alongside the Upright Investments Trust, which oversees a series of investment funds, including the Upright Growth Fund. As advisors to the fund, Chiueh and Upright Financial entered into a settlement with the SEC in 2021. That agreement resolved earlier allegations that the fund operated in a manner inconsistent with its classification as a diversified investment company and its stated concentration policy. Regulatory filings and shareholder communications had reinforced expectations of broad diversification, according to InvestmentNews.

Despite agreeing to cease such conduct, the SEC now alleges that Chiueh and Upright Financial failed to adhere to the terms of the settlement. The SEC alleges that the firm continued to concentrate more than 25 percent of the fund’s assets in a single industry through at least June 2024. These actions violated the fund’s concentration policy and misled both investors and the board of trustees. The SEC claims this conduct resulted in $1.6 million in losses for the fund and its shareholders.

The SEC’s new complaint also accuses Chiueh and Upright Financial of additional governance failures, including maintaining an insufficient number of independent trustees and falsely representing the independence of at least one board member in regulatory filings.

 

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

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

May 20, 2025
IRS Clarifies Theft Loss Deductions for Scam Victims Amid Rising Fraud Risks

The IRS has issued new guidance clarifying when victims of financial scams can claim theft loss deductions on their taxes. According to Financial Planning, the guidance offers much-needed direction amid increasingly sophisticated fraud schemes targeting consumers.

May 19, 2025
The Lower Barriers and Higher Risks of Private Market Investing

Investing in private companies is becoming more accessible—but whether that is a good thing remains up for debate.

May 16, 2025
Founder of AML Bitcoin Convicted in $5 Million Cryptocurrency Fraud Scheme

A California federal jury has convicted Rowland Marcus Andrade, the founder of AML Bitcoin, on charges of wire fraud and money laundering.