(HedgeCo.Net) The Securities and Exchange Commission charged Andrew T. Franzone, former owner of a race car team, and investment adviser FF Fund Management, LLC (“FFM”) with fraudulently raising and misappropriating tens of millions of dollars from the sale of limited partnership interests in a private fund, FF Fund I, LP.

The SEC’s complaint alleges that Franzone, the sole owner and principal of FFM, defrauded investors by making misrepresentations regarding the fund’s strategy and investments, failing to eliminate or disclose conflicts of interest, misappropriating fund assets, and falsely representing the fund would be audited annually. According to the complaint, from August 2014 through September 24, 2019, Franzone told potential and existing investors that his investment strategy for the fund was to maintain a highly liquid portfolio primarily focused on options and preferred stock trading. Franzone allegedly raised more than $38 million for the fund from approximately 90 investors through these representations.

In reality, as alleged in the complaint, Franzone diverted substantial fund assets to an entity he owned and invested the fund’s remaining assets mainly in highly illiquid private companies and real estate ventures. The complaint also alleges that Franzone’s management of the fund was subject to numerous conflicts that he did not eliminate or disclose, and that he misused fund assets. For example, Franzone took personal loans from the founders of at least two companies in which the fund invested, pledged fund assets to secure other loans for his own personal benefit, and misappropriated fund assets for personal uses, including the purchase of a garage to store his private race car collection. Finally, the complaint alleges that Franzone and FFM removed a critical safeguard for investors by failing to have the fund audited on an annual basis despite representations they would do so. The fund filed for bankruptcy under Chapter 11 in the Southern District of Florida on September 24, 2019.

The SEC’s complaint, filed in federal court in Manhattan, alleges that Franzone and FFM violated, or in the alternative Franzone aided and abetted FFM’s violations of, the antifraud provisions of the federal securities, including Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), 206(2), and 206(4) of the Advisers Act of 1940 and Rule 206(4)-8 thereunder, and seeks disgorgement of ill-gotten gains, civil penalties, and permanent and conduct-based injunctive relief.

In a parallel action, the U.S. Attorney’s Office for the Southern District of New York filed criminal charges against Franzone.