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

SEC Charges Two South Florida Men for Defrauding Venezuelan-American Investors in $5 Million Scheme

Posted on October 2nd, 2024 at 4:30 PM
SEC Charges Two South Florida Men for Defrauding Venezuelan-American Investors in $5 Million Scheme

From the desk of Jim Eccleston at Eccleston Law

The Securities and Exchange Commission (SEC) has filed a complaint against two South Florida men, Francisco Javier Malave Hernandez and Ricardo Javier Guerra Farias, for orchestrating a multi-million dollar investment fraud that targeted members of the Venezuelan-American community. As reported by AdvisorHub, the duo operated through a fake financial advisory firm, Toller Stern Financial Services, raising nearly $5 million by selling fraudulent promissory notes.

The SEC’s complaint highlights this case as an example of affinity fraud, where perpetrators exploit trust within a community- here, based on shared ethnic identity. The SEC alleges that Malave and Guerra falsely promised investors that their funds would be invested in legitimate ventures, including equities, cryptocurrencies, real estate, and foreign exchange markets using an automated trading platform. However, no trading profits materialized.

Instead, Malave and Guerra misappropriated investor funds, using the capital for Ponzi-like payments to other investors and diverting significant sums for personal use—$558,900 by Malave and $109,500 by Guerra. They misled investors about the financial condition of Toller Stern and commingled funds between Toller Stern and a related entity, Toller Asset.

The scheme collapsed in early 2022 when the firm ceased making interest payments to investors. Without admitting or denying the SEC's allegations, Malave, Guerra, and Toller Stern consented to a settlement. The SEC is seeking $3.25 million in restitution and penalties.

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
Quotes Bigger

I cannot thank you enough for your efforts. You have proven to be a valuable resource.

Jim T.

LATEST NEWS AND ARTICLES

1793987008 Law
November 6, 2026
CoreWeave Bonds Slide as Political Opposition to Data-Center Expansion Grows

CoreWeave's debt and stock price fell on November 4th as election victories by Democratic candidates opposing rapid data-center development raised concerns about the regulatory environment facing AI infrastructure companies.

1793905109 Law
November 5, 2026
SEC to Expand Examination Focus on AI Oversight and Investment Adviser Compliance in 2027

The Securities and Exchange Commission (SEC) plans to scrutinize how investment advisers and other regulated firms use artificial intelligence, manage technology-related risks, and protect client information.

1793817807 Law
November 4, 2026
Bank of America Faces More Than $1.21 Billion in Penalties Over Money Laundering and Sanctions Failures

Federal regulators have imposed more than $1.21 billion in penalties against Bank of America for anti-money laundering and compliance failures.