SEC v. Barry R. Bekkedam (2020)
Settled
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In April 2020 the SEC announced a settlement, subject to court approval, with former adviser Barry Bekkedam, who steered about $100 million of clients' money into a fund buying lawsuit settlements from attorney Scott Rothstein, whose scheme proved to be a Ponzi scheme. He agreed to an injunction and $150,000 of disgorgement plus $70,969 of interest; he served 11 months in a criminal case.
The record
| Agency | SEC |
|---|---|
| Release number | LR-24801 |
| Date filed | 2020-04-22 |
| Status | settled |
| Criminal parallel | Yes: sentenced (Bekkedam) |
| Sentence | 11 months |
| Defendants | Barry R. Bekkedam |
| Cited as charged or alleged | Advisers Act s.206 ; Exchange Act s.10(b) and Rule 10b-5 ; Securities Act s.17(a) |
| Techniques |
What was ordered
- Civil penalty
- —
- Disgorgement
- $150k
- Prejudgment interest
- $71k
- Total relief
- $221k
- Alleged gain
- —
What is alleged to have happened
The SEC announced the settlement on April 22, 2020 (LR-24801); the 2014 complaint is in the Eastern District of Pennsylvania. It alleges that from April to October 2009 Bekkedam misstated his due diligence and hid conflicts. The Ponzi scheme was Rothstein's, not Bekkedam's.
The Ponzi tag is removed: Bekkedam was charged as an adviser who sold another person's scheme with misleading statements. The record showed the status as unknown and omitted the interest and sentence.
Timeline
- 2020-04-22 Litigation release published
Primary documents
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