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SEC says real estate firm’s ex-CFO ran a ‘Ponzi-like’ scheme: Trial Balance

Reported by Cfo
Apr 27, 2026· 3 min read
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Key Takeaways
  • • SEC filed suit April 20, 2026, against Voyager Pacific Capital Management and three executives alleging a $15 million Ponzi-like scheme within a private real estate fund that raised $46.7 million from 272 equity investors between September 2020 and March 2024.
  • • CEO Roger David Hardcastle, former CFO John Giarmarco, and COO/bookkeeper Vanessa Lung-Medlock allegedly used approximately $15.5 million in new investor funds to pay 10% monthly "Preferred Return" distributions to existing investors, despite the fund generating only ~1% actual returns from rental income and property sales.
  • • Fund operators diverted approximately $5.98 million to personally owned companies, including $2.9 million with no supporting documentation and $3 million transferred through 13 promissory notes with unusual "Automatic Continuance" clauses allowing indefinite repayment deferral—terms unavailable to outside borrowers.
  • • The Voyager Pacific Opportunity Fund II collected $46.7 million from equity investors and $3.7 million from nine noteholders to acquire and operate single-family rental properties, with distributions representing approximately 89% of the $17.5 million paid out during the alleged scheme period sourced from new investor capital.
Summary
The Securities and Exchange Commission filed suit on April 20, 2026, in the U.S. District Court for the Eastern District of California against Voyager Pacific Capital Management LLC and three of its executives, alleging operation of a Ponzi-like scheme within a private real estate fund. The complaint centers on misappropriation of new investor capital to sustain promised distributions to existing investors while diverting significant sums to the executives' personal benefit.

The Voyager Pacific Opportunity Fund II accumulated approximately $46.7 million from roughly 272 equity investors and an additional $3.7 million from nine noteholders between September 2020 and March 2024. The fund's stated purpose was acquiring and operating single-family rental properties, with investors promised a 10% "Preferred Return" distributed monthly from rental income and property sale proceeds. According to SEC allegations, the fund generated substantially insufficient cash flow to meet these commitments, producing only approximately 1% actual returns from legitimate operations.

To maintain the monthly distributions, CEO Roger David Hardcastle, former CFO John Giarmarco, and bookkeeper Vanessa Lung-Medlock (who served as COO) allegedly deployed approximately $15.5 million in newly invested capital to pay distributions to earlier investors. This amount represented roughly 89% of the $17.5 million distributed during the scheme period, masking a fundamental shortfall between promised and actual fund performance. The SEC alleges the executives further obscured the fund's financial condition through doctored accounting records.

Beyond the investor payouts scheme, regulators allege Hardcastle and Giarmarco diverted approximately $5.98 million from the fund to companies they personally controlled. Of this diversion, $2.9 million lacked any supporting documentation. An additional $3 million moved through 13 promissory notes containing an unusual "Automatic Continuance" clause that permitted affiliated borrowers to defer repayment indefinitely—provisions unavailable to unaffiliated borrowers, underscoring the preferential treatment.

The case underscores ongoing regulatory scrutiny of private real estate funds and capital deployment practices within non-traded fund structures, particularly the mechanisms through which operators manage cash flow mismatches between investor distribution promises and actual fund performance.

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Cfo SEC says real estate firm’s ex-CFO ran a ‘Ponzi-like’ scheme: Trial Balance