1st Global Capital Under Investigation for Securities Fraud: Court Filing
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  1. #1
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    Interesting...There is an entire aspect an ISO who funded lots of deals called me frantic about that no ones discussing but i don't want to bring it up.... either the investigators and lawyers will seek to go down that path that can be a whole story in of itself.
    Last edited by mcaguru; 08-08-2018 at 11:33 AM.
    Marcus Clapman | Business Development | Cresthill Capital
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    Quote Originally Posted by mcaguru View Post
    Interesting...There is an entire aspect an ISO who funded lots of deals called me frantic about that no ones discussing but i don't want to bring it up.... either the investigators and lawyers will seek to go down that path that can be a whole story in of itself.
    What?

  3. #3
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    Quote Originally Posted by mcaguru View Post
    Interesting...There is an entire aspect an ISO who funded lots of deals called me frantic about that no ones discussing but i don't want to bring it up.... either the investigators and lawyers will seek to go down that path that can be a whole story in of itself.
    Quite possible....This is not some small fraud that occurred. The larger cases will certainly get the attention of several agencies that are already involved and they will likely go down several paths.... Wanna solve a fraud.....follow the money.....
    Kevin Henry
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    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
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    1880 N Congress Ave., Suite 404
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    Quote Originally Posted by kevinhenry0527 View Post
    Quite possible....This is not some small fraud that occurred. The larger cases will certainly get the attention of several agencies that are already involved and they will likely go down several paths.... Wanna solve a fraud.....follow the money.....
    Kevin my iso's main question of concern was the commissions that was paid out to him (rightfully) will they say later that it was investors funds and will he need to return ? that what he said him and other ISO's were discussing and a little concerned ..i told him i'm no lawyer.
    Marcus Clapman | Business Development | Cresthill Capital
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    Email: bizdev@cresthillcapital.com
    http://www.cresthillcapital.com

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    Quote Originally Posted by mcaguru View Post
    Kevin my iso's main question of concern was the commissions that was paid out to him (rightfully) will they say later that it was investors funds and will he need to return ? that what he said him and other ISO's were discussing and a little concerned ..i told him i'm no lawyer.
    I am not an attorney, but you can bet your lucky stars the agencies involved are going to track every dollar in and out until the investors/creditors are paid and they find out who was involved and on what level. If they were doing a lot of business with them it is likely they are going to get a call from one of the agencies asking who, what, where, why, and when.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

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    Quote Originally Posted by kevinhenry0527 View Post
    I am not an attorney, but you can bet your lucky stars the agencies involved are going to track every dollar in and out until the investors/creditors are paid and they find out who was involved and on what level. If they were doing a lot of business with them it is likely they are going to get a call from one of the agencies asking who, what, where, why, and when.
    so that was the concern ...so if an ISO funded over a year 500K and commissions was 65K can they one day say it was ill-Gotten/earned ? I don't think ..i told him not to be concerned. you cant live life worrying and certainly they were just funding deals.
    Last edited by mcaguru; 08-08-2018 at 01:35 PM.
    Marcus Clapman | Business Development | Cresthill Capital
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    Email: bizdev@cresthillcapital.com
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  7. #7
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    Quote Originally Posted by mcaguru View Post
    so that was the concern ...so if an ISO funded over a year 500K and commissions was 65K can they one day say it was ill-earned ?
    Not sure if they are going to be concerned about commissions paid, but they may ask questions about business dealings if they did a lot of business with them.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

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    Quote Originally Posted by kevinhenry0527 View Post
    Not sure if they are going to be concerned about commissions paid, but they may ask questions about business dealings if they did a lot of business with them.
    What can they ask an iso??...it seems pretty clear that an ISO knows all about the Deal they submitted but what ISO would have or have known any of the inner works ..In that area i dont think any of the ISO's would have much value (if Any) on the inner works of the funder. its the commission question that perhaps (however an attorney already said non issue) that could be an ISO's potential (theoretical) issue.
    Marcus Clapman | Business Development | Cresthill Capital
    (High Commissions Payout Group)
    覧覧覧覧覧覧覧覧覧覧覧覧覧
    Tel: 917-521-6528 | Fax: 212.671.1473
    Email: bizdev@cresthillcapital.com
    http://www.cresthillcapital.com

  9. #9
    Quote Originally Posted by mcaguru View Post
    Kevin my iso's main question of concern was the commissions that was paid out to him (rightfully) will they say later that it was investors funds and will he need to return ? that what he said him and other ISO's were discussing and a little concerned ..i told him i'm no lawyer.
    Attorney here. If the payments were done in the normal course of business, a regular commission payment would not be clawed back. Also, claw backs would only apply to payments made within 90 days of the bankruptcy. If I were an ISO, I wouldn't worry about it, but keep your invoices just in case to show this was an ordinary, arm's length transaction.

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    Quote Originally Posted by jenk12 View Post
    Attorney here. If the payments were done in the normal course of business, a regular commission payment would not be clawed back. Also, claw backs would only apply to payments made within 90 days of the bankruptcy. If I were an ISO, I wouldn't worry about it, but keep your invoices just in case to show this was an ordinary, arm's length transaction.
    that's what i figured. He was just saying that the actual funds they paid (iso)) was whose funds at time it was paid ?! would that mean if its traced to be investors funds can it have to be retuned... your saying not i guess !! which is good for the ISO's that may not have those funds sitting around.
    Marcus Clapman | Business Development | Cresthill Capital
    (High Commissions Payout Group)
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    Tel: 917-521-6528 | Fax: 212.671.1473
    Email: bizdev@cresthillcapital.com
    http://www.cresthillcapital.com

  11. #11
    Karen37a
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    Quote Originally Posted by jenk12 View Post
    Attorney here. If the payments were done in the normal course of business, a regular commission payment would not be clawed back. Also, claw backs would only apply to payments made within 90 days of the bankruptcy. If I were an ISO, I wouldn't worry about it, but keep your invoices just in case to show this was an ordinary, arm's length transaction.
    non Atty here and ex compliance officer ex series 7 /24 ex mortgage broker and insurance national producer

    If someone participated in the syndication....they have a bit more to worry about IMO
    Last edited by Karen37a; 08-08-2018 at 01:58 PM.

  12. #12
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    Quote Originally Posted by jenk12 View Post
    Attorney here. If the payments were done in the normal course of business, a regular commission payment would not be clawed back. Also, claw backs would only apply to payments made within 90 days of the bankruptcy. If I were an ISO, I wouldn't worry about it, but keep your invoices just in case to show this was an ordinary, arm's length transaction.
    Regardless of a commission claw back or not.... If any large sums of money passed through your firm on a regular basis from them, you are likely gonna get a phone call.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

  13. #13
    Karen37a
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    Quote Originally Posted by kevinhenry0527 View Post
    Regardless of a commission claw back or not.... If any large sums of money passed through your firm on a regular basis from them, you are likely gonna get a phone call.
    this is true...you can get a call

  14. #14
    Quote Originally Posted by kevinhenry0527 View Post
    Regardless of a commission claw back or not.... If any large sums of money passed through your firm on a regular basis from them, you are likely gonna get a phone call.
    From my experience the FBI/SEC investigate for 6-12 months before it hits the news. If a potential witness hasn't gotten a call from an investigator at this point, then I wouldn't expect one. Plus, it seems the focus of the investigation is on the investor side of 1st Global. Specifically, how they raised capital and made distributions to investors. The brokers who were raising capital for them are probably singing like canaries right now.

    I doubt the investigators are focusing on the MCA side of the business, which would include the ISO's.

  15. #15
    Karen37a
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    Quote Originally Posted by jenk12 View Post
    From my experience the FBI/SEC investigate for 6-12 months before it hits the news. If a potential witness hasn't gotten a call from an investigator at this point, then I wouldn't expect one. Plus, it seems the focus of the investigation is on the investor side of 1st Global. Specifically, how they raised capital and made distributions to investors. The brokers who were raising capital for them are probably singing like canaries right now.

    I doubt the investigators are focusing on the MCA side of the business, which would include the ISO's.
    How long have you been a lawyer and do you specialize in Financial issues and fraud

  16. #16
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    Quote Originally Posted by mcaguru View Post
    he said him and other ISO's were discussing and a little concerned ..i told him i'm no lawyer...
    Cont...: i told him I知 no lawyer, but if you have a trucking or construction file...

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