More On Legal & Compliancefrom The Advisor's Professional Library
- Scope of the Fiduciary Duty Owed by Investment Advisors A fiduciary obligation goes beyond the suitability standard typically owed by registered representatives of broker-dealer firms to clients. The relationship is built on the premise that the advisor will always do the right thing for the person or entity receiving advice.
- Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not. Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.
On Friday a New York money manager, Vincent McCrudden, was charged with threatening 47 U.S. officials. The list included Mary Schapiro, chairman of the SEC, and Gary Gensler, chairman of the Commodity Futures Trading Commission (CFTC). Online postings at the SEC, FINRA, the National Futures Association, and the CFTC by McCrudden allegedly contained threats against the lives of numerous officials.
According to a Reuters report, McCrudden, principal and CEO of Alnbri Management, LLC, was charged with posting an “execution list” online, as well as making threats against numerous officials in both e-mails and Web postings. According to federal prosecutors, the “execution list” followed an enforcement action by the CFTC that charged McCrudden and two of his companies with operating unregistered investments.
One of the postings, which called for abolishment of the four regulators, read in part, “Go buy a gun, and lets [sic] get to work in taking back our country from these criminals. I will be the first one to lead by example.”
For the last few months, according to the government, McCrudden has been living in Singapore. He returned to the U.S. on Thursday “to answer these charges,” according to Bruce Barket, a lawyer for McCrudden who described himself as a long-time friend,
McCrudden is no stranger to charges or controversy. According to his bio on the Alnbri Management website, he “spent the past 13 years and counting combating a colluded Government attempt to discredit and harass Mr. McCrudden through repeated bogus procedures.” Also, in 2002, he was charged with 15 counts of felony mail fraud relating to alleged preparation of financial statements that inflated the value of various investments. He received a jury acquittal on those charges. FINRA records show his employment history to include a dismissal from Hedge Fund Capital Partners LLC; there were allegations that he made "numerous threatening, abusive, harassing, coercive, intimidating and/or vulgar communications to his member firm employees.”
According to the Department of Justice, the complaint, unsealed only on Friday, was dated Dec. 21, 2010. The case is U.S. v. McCrudden, U.S. District Court, Eastern District of New York, No. 10-01503.