Gignesh Movalia, Edwin V. Gaw and OM Investment Management, LLC. – Florida Investment Advisor and Hedge Fund Fraud, Misrepresentation and Mismanagement Litigation and Arbitration Attorney

Securities and Exchange Commission v. OM Investment Management LLC, Gignesh Movalia, and Edwin V. Gaw, Civil Action No. 1:13-cv -23486-Martinez (S.D. Fla., filed September, 2013)

SEC Charges Tampa-Based Adviser with Fabricating Statements and Making Unauthorized and Undisclosed Investments

The Securities and Exchange Commission recently charged a formerly SEC-registered Tampa-based investment adviser, OM Investment Management LLC, its principal, Gignesh Movalia, and its director of investments, Edwin V. Gaw, with fraudulently raising money and making material misrepresentations and omissions relating to OM Global Investment Fund, LLC, an unregistered hedge fund.

According to the SEC’s complaint, filed in U.S. District Court for the Southern District of Florida, OM Investment Management, Movalia, and Gaw made material misrepresentations and omissions concerning the fund’s holdings and investments, the identity and duties of the fund’s auditor, sub-adviser, and administrator, and failed to register the offering and sale of securities. The complaint further alleges that Movalia and OM Investment Management made material omissions concerning the fund’s entry into related party transactions, distributed fabricated account statements, misappropriated investor funds, made false statements in regulatory filings with the Commission, and failed to comply with federal securities laws and rules concerning the operation of an advisory business and an investment company.

The defendants have consented to the entry of judgments enjoining them from violating Sections 5(a), 5(c), and 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 Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder, with OM Investment Management and Movalia further consenting to be enjoined from violating Sections 203A and 207 of the Investment Advisers Act and Rule 206(4)-2 thereunder and Section 7(a) of the Investment Company Act. OM Investment Management and Movalia also consented to judgments freezing their assets, preventing the destruction of documents, and requiring them to provide an accounting to the Court. The SEC’s complaint seeks disgorgement, prejudgment interest, and civil penalties from OM Investment Management and Movalia in an amount to be determined by the Court, while Gaw has agreed to pay a civil penalty of $100,000. Separately, Movalia and Gaw consented to the entry of orders barring them from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.

Contact Us:

With extensive courtroom, arbitration and mediation experience and an in-depth understanding of securities law, our firm provides all of our clients with the personal service they deserve. Handling cases worth $25,000 or more, we represent clients throughout Florida and across the United States, as well as for foreign individuals that invested in U.S. banks or brokerage firms. Contact us to arrange your free initial consultation.

At the Fort Lauderdale Law Office of Russell L. Forkey, we represent clients throughout South and Central Florida, including Fort Lauderdale, West Palm Beach, Boca Raton, Sunrise, Plantation, Coral Springs, Deerfield Beach, Pompano Beach, Delray, Boynton Beach, Hollywood, Lake Worth, Royal Palm Beach, Manalapan, Jupiter, Gulf Stream, Wellington, Fort Pierce, Stuart, Palm City, Jupiter, Miami, Orlando, Maitland, Winter Park, Altamonte Springs, Lake Mary, Heathrow, Melbourne, Palm Bay, Cocoa Beach, Vero Beach, Daytona Beach, Deland, New Smyrna Beach, Ormand Beach, Broward County, Palm Beach County, Dade County, Orange County, Seminole County, Martin County, Brevard County, Indian River County, Volusia County and Monroe County, Florida. The law office of Russell L. Forkey also represents South American, Canadian and other foreign residents that do business with U.S. financial institutions, investment advisors, brokerage and precious metal firms.

Contact Information