📋 Tender Overview
The Securities and Exchange Commission charged Scott Hollender Gabriel Migliano Jr. and Frank Vecchio for selling interests in shares of pre-IPO companies on behalf of StraightPath Venture Partners LLC despite not being registered broker-dealers and for misleading investors about the fees associated with those investments. The Commission previously charged StraightPath Venture Partners StraightPath Management LLC and its four principals in May 2022 in connection with a 410 million fraud.The SEC complaint alleges that between November 2017 and November 2021 Hollender Migliano and Vecchio actively solicited investments for interests in funds that were set up as series LLCs each of which purported to acquire shares of a single pre-IPO company. The defendants allegedly provided investors with marketing materials advised investors on the supposed merits of the investments and received transaction-based compensation all hallmarks of a broker despite not being registered as brokers. As alleged in the complaint defendants collectively solicited at least 13 million in investments from at least 115 investors and even though each of the defendants received upfront commissions of approximately 10 percent on investments they successfully solicited the defendants falsely told investors that there were no upfront fees associated with their investments. According to the complaint the defendants collectively received at least approximately 3.7 million in transaction-based compensation.StraightPath Venture Partners could not have cheated investors without the unregistered sales agents who fraudulently solicited them said Antonia M. Apps Director of the New York Regional Office. The SEC will continue to hold individuals accountable for their wrongdoing including a failure to register.The SECs complaint filed in the U.S. District Court for the Southern District of New York charges defendants with violating antifraud and other provisions of the federal securities laws. The complaint seeks permanent injunctive relief return of allegedly ill-gotten gains and civil penalties. The complaint also names GSH Empire Inc. and 21st Century Gold Silver Inc. entities controlled by Hollender and Vecchio respectively as relief defendants for purposes of recovering ill-gotten gains that Hollender and Vecchio generated through their alleged conduct.The SECs ongoing investigation is being conducted by Megan R. Genet Tian Wen Douglas J. Smith Lee A. Greenwood Daniel Loss Patricia Schrage Alistaire Bambach and Steven G. Rawlings of the New York Regional Office NYRO with assistance from Suman Beros. It is being supervised by Sheldon L. Pollock. The litigation will be led by Mr. Loss Ms. Wen and Ms. Genet. Assistance was provided by Ronald Krietzman Michael McAuliffe and Stephen DeBella of the NYRO Broker-Dealer and Exchange Program. The SEC appreciates the assistance of the Financial Industry Regulatory Authority the Office of the Montana State Auditor Commissioner of Securities and Insurance and the New Jersey Bureau of Securities.
