Legal
Investment Advisory Firm Misused Client Assets To Buy Vacation Home - SEC

A Seattle-based investment advisor and his firm have been charged with fraudulently misusing over $8 million in client assets to purchase a luxury vacation home and refinancing a car by the Securities and Exchange Commission.
A Seattle, WA-based investment advisor and his firm have been
charged with fraudulently misusing over $8 million in client
assets to purchase a luxury vacation home and refinancing a car
by the Securities and Exchange
Commission.
Dennis Daugs of Lakeside
Capital Management funded a $3.1 million personal loans from
the portfolio of a senior advisor without her consent; the loans
favored Daugs with no collateral or set pay-off dates and a prime
rate of interest.
Lakeside Capital liquidated $2.15 million in securities of the
client’s portfolio to “generate the cash to transfer that amount
from her IRA account at a custodian broker-dealer directly to an
escrow account he used to purchase his ski vacation home, the SEC
said in a statement”.
The remaining $950,000 of assets went towards refinancing his
purchase of a rare Mercedes model from the 1950s.
Daugs’s actions, which took place over four years from 2008 to
2012, went against the fiduciary duty of an investment advisor as
they were not in the client’s best interests and did not disclose
conflict of interests.
As well as this, he did not alert Lakeside Capital’s compliance
officer of his use of the client’s investments, despite making
regular payments into her IRA account. As such, the SEC found
that the firm failed to take required compliance and custody
measures to safeguard client assets.
He also made over $4.5 million in loans and investment purchases
by misdirecting a Lakeside Capital-managed investment fund with
the objective of facilitating personal real estate deals and fend
off claims from his disgruntled clients. Furthermore, he diverted
more than $500,000 from the fund to pay settlements to
disgruntled clients according to an SEC statement.
After Lakeside Capital and Daugs repaid the diverted funds and
personal loans, they agreed to settle the SEC’s charges. In doing
so it paid over $340,000 in disgorgement and prejudgement
interest to the individual client and the investment fund to
represent Daugs’s ill-gotten gains he retained after the loan
repayment.
Daugs will be barred from the securities industry for at least
the next five years, and Lakeside Capital will wind down its
operations under the watch of an independent monitor.
The SEC’s investigation was conducted by Thomas Eme and
supervised by Tracy Davis in the San Francisco office. The
preceding examination of Lakeside Capital was conducted by Cindy
Tom, Steven Wolz, John Chee, Matthew O’Toole, and Kenneth
Schneider in the San Francisco office.