SEC Issues Charges Against Unregistered Fund Manager

The SEC has announced fraud charges against an unregistered fund manager accused of hiding his checkered past while providing false and misleading data to investors and an independent research firm.

Published March 10, 2016, 12:45pm ET · 2 min read

This post may contain links from our sponsors and affiliates, and Flywheel Publishing may receive compensation for actions taken through them.

© Wikimedia Commons

The U.S. Securities and Exchange Commission (SEC) recently announced fraud charges against an unregistered fund manager accused of hiding his checkered past while providing false and misleading data to investors and an independent research firm.

The SEC alleges that Steven Zoernack deceived investors by spreading false and misleading fund information while doing everything possible to bury his criminal history and troubling financial record.

It’s also worth mentioning that neither Zoernack nor his funds were registered with the SEC or any state regulator.
[nativounit]
According to the SEC, the allegations against Zoernack and EquityStar Capital Management are:

  • They fraudulently offered and sold at least $5.6 million of interests in a pair of private investment funds (Global Partners Fund and Momentum Growth Fund) to more than 40 investors from May 2010 to March 2014.
  • Zoernack secretly made more than $1 million in unauthorized withdrawals from the funds’ accounts without informing investors.
  • Zoernack and EquityStar took extensive measures to hide Zoernack’s background that included two felony fraud convictions, a bankruptcy filing, and other money judgments and liens against him.
  • Zoernack even hired a firm to manipulate search results on his name by flooding the Internet with misleading information indicating he was a successful fund manager, investor, and philanthropist. This made it harder for investors to discover Zoernack’s criminal convictions and other negative information in Internet searches.
  • Zoernack used at least three false identities while communicating with investors to make Equity Star sound like more than a one-man operation. For example, he created a nonexistent woman named Amanda Sutton who carried the title: Investor Relations Professional.
  • Zoernack and EquityStar provided false and misleading data to Morningstar Inc. so the Momentum fund could attain the title of “Morningstar Five-Star-Rated Fund” under false pretenses and Zoernack could market the fund as highly-rated.
  • For example, Zoernack misrepresented to Morningstar that the fund existed longer than it actually did, and falsely claimed the assets were 40 times higher than they actually were.
  • Zoernack and EquityStar created and distributed false and misleading investment marketing materials that didn’t adequately indicate that results were hypothetical and not based on actual fund performance.

Contact [email protected] for any questions or corrections.

Chris Lange

Chris Lange is a financial and geopolitical writer with more than a decade of experience covering a myriad of topics. He has published thousands of articles for 24/7 Wall St., with past coverage focused heavily on stocks, IPOs, healthcare, defense, global affairs, and technology.

His work has been quoted, or referenced by a number of outlets including Business Insider, USA Today, Yahoo Finance, MSN, The Motley Fool, and many other publications. A graduate of Southwestern University, he studied business with a focus on investments and has previous experience in banking and startups.

When not reading or writing the news, he is following his passion for Lacrosse, playing chess, or building solar projects with his dad.

All articles →