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

SEC Charges Fund Administrator Over Ignoring Warning Signs

Posted on August 17th, 2023 at 11:44 AM
SEC Charges Fund Administrator Over Ignoring Warning Signs

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) has settled charges against Theorem Fund Services LLC (TFS) for failing to respond to red flags relating to the commission of fraud against a private fund and its investors.

The SEC's order reveals that TFS offered administrative services to a fund overseen by EIA All Weather Alpha Fund Partners and Andrew M. Middlebrooks. The SEC accused both of them of fraud in May 2022, alleging their involvement in a scheme that misappropriated and misused investors' funds over a span of five years. While working with TFS, the fund experienced notable losses due to trading actions by EIA and Middlebrooks. Nevertheless, as directed by EIA and Middlebrooks, TFS computed the Net Asset Value without acknowledging those losses. Furthermore, TFS sent out account statements to investors that substantially exaggerated the value of their investments.

The SEC concluded that TFS contributed to specific violations committed by EIA and Middlebrooks under the Securities Act of 1933 and the Investment Advisers Act of 1940, including Rule 206(4)-8(a)(1) beneath it. Without admitting or denying the SEC's conclusions, TFS consented to a cease-and-desist directive and a monetary fine of $100,000. Additionally, TFS committed to disgorge $18,000 and pay $4,271 in prejudgment interest.

 

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

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

If the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

1786029344 Law
August 6, 2026
Account Takeover Fraud Continues to Rise as Cybercriminals Refine Their Tactics

Cybercriminals continue to refine account takeover schemes, driving billions of dollars in losses for businesses and consumers each year.

1785949175 Law
August 5, 2026
FINRA Arbitration Panel Orders Arkadios Capital to Pay $2.7 Million in Ponzi Scheme-Related Claim

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Arkadios Capital to pay $2.7 million in damages to an investor who alleged the firm failed to supervise a former registered representative whose father operated a long-running Ponzi scheme, according to InvestmentNews.

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.