Legal
Former Wealth Management Luminary Charged With "Secretly" Investing Client Cash
Mark Spangler, former chairman of the National
Association
of Personal Financial Advisors, has been charged by the
Securities and Exchange Commission for investing $47.7 million
into two “risky start-up
companies” which he co-founded, without informing investors, the
regulator said.
Separately, the US Attorney's Office for the western district of Washington announced separate criminal charges against Spangler.
From
about 2003 – without notifying investors - Spangler and his
advisory firm, The
Spangler Group, began deflecting the “majority of client money”
into the two
private technology companies, despite his saying that he would
invest principally in
public-traded securities, according to a statement from the SEC
today.
Spangler,
who served as chairman and chief executive of one of the
now-bankrupt
companies, raised over $56 million for several private investment
funds he
managed since 1998, according to the SEC’s complaint, filed by
federal court in
Seattle.
One
of the companies received nearly $42 million from the funds
before going bust.
“It had long been a cash-poor company with a history of net
losses, generating
less than $100,000 in revenue during its 11-year history. Yet
Spangler
continued to treat the funds as the company’s piggy bank,” the
SEC said.
Moreover,
the SEC alleges that Spangler did not inform investors that The
Spangler Group
collected fees for “financial and operational support” from these
companies, in
turn secretly harvesting $830,000 - on top of any management fees
that the group
received from clients.
Spangler
disclosed his activities after placing The Spangler Group and the
funds he
managed into state court receivership in 2011. He is charged with
violating - among
other things - the anti-fraud provisions of the Securities
Exchange Act of 1934
and the Investment Advisers Act of 1940, the SEC said.