Compliance
Compliance Corner: SEC Charges Advisor Over Alleged Ponzi-Like Scam

An investment advisor accused of operating a pyramid-style investment scam has been charged by the US regulator, while a separate authority also has brought charges against the man.
The Securities and Exchange Commission yesterday charged a
Westchester, New York-based investment advisor with fraud
stemming from lies to retail investors about the value of their
investments in a Ponzi-like scheme.
The regulator alleges that, starting in approximately 2010,
Michael Scronic began to raise money from at least 42 friends and
acquaintances, many of whom were from his suburban community, in
order to invest in a risky options trading strategy.
In a statement, the SEC went on to state that Scronic allegedly
lured investors by telling them that he had a long and impressive
track record of proven returns; he allegedly lied to investors
about the liquidity of investments, telling one investor that
"what's cool about my fund is that i'm [sic] only in publicly
traded options and cash so any redemptions are met within two
business days so if you do need to withdraw for your business
needs it will be quick and painless."
In fact, Scronic was actually sustaining massive trading losses,
with at least $15 million in investment losses since April 2010,
the SEC claims. For the period ending June 30, 2017, Scronic
allegedly reported to investors total assets of at least
$21,837,475 while the balance in his brokerage account on June
30, 2017 was just under $27,500.
When some people tried to redeem investments, Scronic did not say
he could not repay them. Rather, he allegedly provided investors
with a steady stream of implausible excuses for why he could not
pay them back. In other cases, he tried to obtain additional
investment funds from new and existing investors so that he could
pay other investors.
"Scronic's alleged scheme is just another example of a so-called
investment professional acting as fiduciary, but failing to deal
honestly with his investors for his own financial benefit," said
Lara S Mehraban, Associate Regional Director of the SEC's New
York Regional Office. "Investors should be wary anytime they are
promised high or consistently positive returns in a complex, hard
to understand investment strategy,” she said.
The SEC also alleges that Scronic began identifying himself as an
investment adviser to a fictitious hedge fund in which he
purported to sell interests, or "shares."
In a parallel action, the US Attorney's Office for the Southern
District of New York today announced criminal charges against
Scronic.