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

SEC Charges Former Business News Commentator with Misappropriation of Client Funds

Posted on October 10th, 2022 at 2:59 PM
SEC Charges Former Business News Commentator with Misappropriation of Client Funds

From the Desk of Jim Eccleston at Eccleston Law.

The Securities and Exchange Commission (SEC) has charged James McDonald and his financial advisory firm, Hercules Investments, in connection with two fraudulent securities offerings.

McDonald, a former guest commentator on CNBC, raised at least $5.1 million from 23 investors and subsequently misappropriated nearly $2.9 million of those funds for personal expenses, according to the SEC. The United States Attorney’s Office for the Central District of California has announced its intention to pursue criminal charges in a parallel action against McDonald. According to the SEC, McDonald collected investor capital between May 2019 and October 2021 to purportedly trade securities via an investment vehicle known as Index Strategy Advisors Fund. McDonald instead misappropriated at least $1 million to cover personal expenses, including to pay rent on his home and fund luxury vehicle purchases, according to the SEC. The SEC further alleged that McDonald misappropriated an additional $2 million to make Ponzi-style payments to earlier investors.

McDonald raised an additional $1.5 million between February 2021 and October 2021 via the sale of equity shares in Hercules’s business, according to the SEC. However, the SEC’s complaint alleged that McDonald misrepresented the firm’s financial status and falsely informed investors that funds would be used to expand the business. McDonald also commingled investor funds with Hercules assets as well as his personal assets, and utilized $440,000 of investor funds to cover personal expenses, such as to pay credit card bills, according to the SEC.

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

Tags: eccleston, eccleston law, advisors, law, sec

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

If you find yourself in trouble with the regulators, call Eccleston Law, you won't regret it.

Rick R.

LATEST NEWS AND ARTICLES

1791996515 Law
October 14, 2026
FINRA Study Finds Advanced Investment Knowledge Does Not Eliminate Fraud Risk

Research using the FINRA Investor Education Foundation's 2024 National Financial Capability Study found that fewer than one in five investors with non-retirement investments demonstrate advanced investment literacy.

1791918358 Law
October 13, 2026
LPL Financial Faces Investor Claims Tied to Former Broker's Outside Activities

LPL Financial faces at least nine pending investor claims involving former El Paso, Texas broker Michael C.

1791818498 Law
October 12, 2026
SEC Targets Companies in Alleged $15 Million Social Media Investment Fraud Schemes

The Securities and Exchange Commission (SEC) has charged entities behind two alleged investment fraud schemes that raised more than $15 million from investors through WhatsApp, Facebook and other online platforms.