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

I want to extend a tremendous thank you for your dedication, professionalism, hard work and patient demeanor through this challenging time. It was enjoyable interacting with everyone on your team, this certainly helped while dealing with the situation and working towards resolution.

Dan M.

LATEST NEWS AND ARTICLES

1782744905 Law
June 29, 2026
Former Arvest Wealth Representative Sanctioned by FINRA Over Improper Use of Mistaken Commission Payment

The Financial Industry Regulatory Authority (FINRA) has suspended former Arvest Wealth representative Brandon Still for 18 months and fined him $5,000 after determining that he improperly used firm funds that were mistakenly deposited into his account.

1782497406 Law
June 26, 2026
FINRA Seeks to Make Remote Inspection Program Permanent

The Financial Industry Regulatory Authority (FINRA) is seeking approval from the Securities and Exchange Commission (SEC) to make its pandemic-era remote inspections program permanent before the current pilot is scheduled to expire in June 2027, according to AdvisorHub and FINRA's summary of its recent Board of Governors meeting.

1782400213 Law
June 25, 2026
SEC Alleges Illinois Investment Adviser Misappropriated Investor Funds and Concealed Losses

According to a litigation release published on SEC.gov, the Securities and Exchange Commission (SEC) has charged John Sterling Myers and his firms, Sterling Capital, LLC and Sterling Capital Management, LLC, with orchestrating a multi-year fraud involving investor funds held in a pooled investment vehicle.