2022-09-01 sec-litreleases litigation_release 66 KB 2,666 chars

SEC v. Archer Capital Management Group; Archer Growth Fund; HDR Management LLC; and Silvermoon Group LLC, No. LR-25495, Southern District of Florida (Sept. 1, 2022) — Press Release

raw: Archer Capital Management Group et al.

Archer Capital Management Group et al., No. LR-25495 (Sept. 1, 2022)

Caption
SEC v. Archer Capital Management Group, et al.
summary

The SEC charged Archer Capital Management Group and related entities with an internet offering fraud that raised $2.6 million from investors through false claims and misappropriated the funds.

paragraph

The SEC charged Archer Capital Management Group, the Archer Growth Fund, HDR Management LLC, and Silvermoon Group LLC with defrauding at least 20 investors of approximately $2.6 million. The defendants allegedly used fraudulent identities and false website claims, including a non-existent 47% annual return, to solicit capital. The SEC is seeking permanent injunctions, disgorgement, and prejudgment interest for violations of the Securities Act of 1933 and the Securities Exchange Act of 1934.

narrative

The SEC has charged Archer Capital Management Group, the Archer Growth Fund, HDR Management LLC, and Silvermoon Group LLC with operating a fraudulent internet offering scheme from December 2019 through December 2020. The defendants allegedly used fraudulent identities and misleading website claims to raise approximately $2.6 million from at least 20 investors. These misrepresentations included false claims of a 47% annual rate of return and the existence of a fund that did not actually exist. Instead of being invested as promised, the funds were allegedly misappropriated by the orchestrators for personal use and to perpetuate the fraud. The SEC's complaint, filed in the Southern District of Florida, alleges violations of several sections of the Securities Act of 1933 and the Securities Exchange Act of 1934. The agency is seeking permanent injunctions, disgorgement, and prejudgment interest against the defendants.

Enriched metadata

Scheme
pump-and-dump (95%)
Court
Southern District of Florida
Victim loss
$2,600,000
Victims
20
Entity
Archer Capital Management Group
Classified pump-and-dump(confidence 95%). EDGAR detection: forms S-8/S-1/424B/8-K· recall 69% / precision 12%. detection rule →
Parties
Securities and Exchange CommissionArcher Capital Management GroupArcher Growth FundHDR Management LLCSilvermoon Group LLC
Keywords
archerarcher capitalcapital managementmanagement grouparcher growthgrowth fundseccapitalmanagementgroupgrowthfundgroup archersecurities exchangesecurities

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 1
  • $2.60M $2.6 million $1M–$10M
Entities 2
  • person gregory r. bockin
  • agency Securities and Exchange Commission
Triples 8
  • Securities And Exchange Commission charged Archer Capital Management Group, the Archer Growth Fund, HDR Management LLC, and Silvermoon Group LLC with operating a fraudulent scheme that raised approximately $2.6 million from at least 20 investors using misrepresentations
  • Defendants falsely claimed that the Archer Fund had an annual rate of return of 47%, had beaten the Russell Growth Index for five straight years, and was one of the only High-Watermark Funds available on the market
  • Securities And Exchange Commission alleged there was no Archer Growth Fund and investor funds were misappropriated for personal use and to perpetuate the fraud
  • Securities And Exchange Commission charged Archer Capital, the Archer Growth Fund, HDR, and Silvermoon with violations of Sections 17(a), 5(a), and 5(c) of the Securities Act of 1933 and Section 10(b) and Rule 10b-5 under the Securities Exchange Act of 1934
  • Securities And Exchange Commission seeks permanent injunctions, disgorgement, and prejudgment interest against the defendants
  • Securities And Exchange Commission conducted investigation by Paulina L. Jerez of the Philadelphia Regional Office supervised by Kingdon Kase and Scott a. Thompson
  • Securities And Exchange Commission led litigation by Gregory R. Bockin
  • Securities And Exchange Commission appreciates assistance from U.S. Attorney's Office for the Eastern District of Tennessee, Federal Bureau of Investigation, and New Hampshire Bureau of Securities Regulation
PDF (from attached: complaint)
Text layers
Extracted body text (2,666c)
SEC Charges Archer Capital Management Group, the Archer Growth Fund and Related Entities with Defrauding Investors Lit. Release No. 25495 / September 1, 2022 Securities and Exchange Commission v. Archer Capital Management Group et al., No. 22-cv-61632 (S.D. Fla. filed September 1, 2022) The Securities and Exchange Commission today charged Archer Capital Management Group, the Archer Growth Fund, and two related entities, HDR Management LLC and Silvermoon Group LLC, with operating a fraudulent scheme from December 2019 through December 2020 that raised approximately $2.6 million from at least 20 investors by using misrepresentations disseminated via Archer Capital's website and other internet outlets. The SEC alleges that the defendants acted through unidentified agents using fraudulent identities to engage in an internet offering fraud. To induce investment in the Archer Growth Fund, the defendants falsely claimed on their website, www.archerfund.com, among other misrepresentations, that the Archer Fund had an annual rate of return of 47%, that it had beaten the Russell Growth Index for five straight years, and that it was "one of the only High-Watermark Funds available on the market." The SEC also alleges these claims were false. Indeed, the SEC alleges there was no Archer Growth Fund. Investor funds were never invested as promised but instead, the SEC alleges that investor funds were misappropriated by the individuals who orchestrated the scheme for their personal use and to perpetuate the fraud. The SEC's complaint, filed in federal court in the Southern District of Florida, charged Archer Capital, the Archer Growth Fund, HDR, and Silvermoon with violations of the Sections 17(a), 5(a), and 5(c) of the Securities Act of 1933 and Section 10(b) and Rule 10b-5 thereunder of the Securities Exchange Act of 1934. The SEC seeks permanent injunctions, disgorgement and prejudgment interest against the defendants. The SEC's investigation was conducted by Paulina L. Jerez of the Philadelphia Regional Office and supervised by Kingdon Kase and Scott A. Thompson. The SEC's litigation is being led by Gregory R. Bockin. The SEC appreciates the assistance of the U.S. Attorney's Office for the Eastern District of Tennessee, the Federal Bureau of Investigation, and the New Hampshire Bureau of Securities Regulation. The SEC's Office of Investor Education and Advocacy and the Retail Strategy Task Force encourage investors to review the Investor Alerts: Social Media and Investment Fraud, Fraudsters Posing as Brokers or Investment Advisers, and Investment Scam Complaints on the Rise to protect themselves from investment fraud. SEC Complaint
OCR text (2,666c · html-text · 99% conf)
SEC Charges Archer Capital Management Group, the Archer Growth Fund and Related Entities with Defrauding Investors Lit. Release No. 25495 / September 1, 2022 Securities and Exchange Commission v. Archer Capital Management Group et al., No. 22-cv-61632 (S.D. Fla. filed September 1, 2022) The Securities and Exchange Commission today charged Archer Capital Management Group, the Archer Growth Fund, and two related entities, HDR Management LLC and Silvermoon Group LLC, with operating a fraudulent scheme from December 2019 through December 2020 that raised approximately $2.6 million from at least 20 investors by using misrepresentations disseminated via Archer Capital's website and other internet outlets. The SEC alleges that the defendants acted through unidentified agents using fraudulent identities to engage in an internet offering fraud. To induce investment in the Archer Growth Fund, the defendants falsely claimed on their website, www.archerfund.com, among other misrepresentations, that the Archer Fund had an annual rate of return of 47%, that it had beaten the Russell Growth Index for five straight years, and that it was "one of the only High-Watermark Funds available on the market." The SEC also alleges these claims were false. Indeed, the SEC alleges there was no Archer Growth Fund. Investor funds were never invested as promised but instead, the SEC alleges that investor funds were misappropriated by the individuals who orchestrated the scheme for their personal use and to perpetuate the fraud. The SEC's complaint, filed in federal court in the Southern District of Florida, charged Archer Capital, the Archer Growth Fund, HDR, and Silvermoon with violations of the Sections 17(a), 5(a), and 5(c) of the Securities Act of 1933 and Section 10(b) and Rule 10b-5 thereunder of the Securities Exchange Act of 1934. The SEC seeks permanent injunctions, disgorgement and prejudgment interest against the defendants. The SEC's investigation was conducted by Paulina L. Jerez of the Philadelphia Regional Office and supervised by Kingdon Kase and Scott A. Thompson. The SEC's litigation is being led by Gregory R. Bockin. The SEC appreciates the assistance of the U.S. Attorney's Office for the Eastern District of Tennessee, the Federal Bureau of Investigation, and the New Hampshire Bureau of Securities Regulation. The SEC's Office of Investor Education and Advocacy and the Retail Strategy Task Force encourage investors to review the Investor Alerts: Social Media and Investment Fraud, Fraudsters Posing as Brokers or Investment Advisers, and Investment Scam Complaints on the Rise to protect themselves from investment fraud. SEC Complaint