Initiated By
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Allegations
SEC ADMIN RELEASE 34-75961/IA RELEASE 4171/INVESTMENT COMPANY ACT RELEASE 31752/AUGUST 13, 2015: THE SECURITIES AND EXCHANGE COMMISSION (COMMISSION) DEEMS IT APPROPRIATE AND IN THE PUBLIC INTEREST THAT PUBLIC ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS BE, AND HEREBY ARE, INSTITUTED PURSUANT TO SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF 1934 (EXCHANGE ACT), SECTIONS 203(F) AND 203(K) OF THE INVESTMENT ADVISERS ACT OF 1940 (ADVISERS ACT), AND SECTION 9(B) OF THE INVESTMENT COMPANY ACT OF 1940 (INVESTMENT COMPANY ACT) AGAINST CORY D. WILLIAMS. THIS MATTER CONCERNS THE INVOLVEMENT OF WILLIAMS, A FORMER REGISTERED REPRESENTATIVE AND INVESTMENT ADVISER REPRESENTATIVE AT A DUALLY REGISTERED INVESTMENT ADVISER AND BROKER-DEALER, IN A FRAUDULENT OFFERING SCHEME AND INVESTMENT ADVISORY FRAUD PRINCIPALLY ORCHESTRATED BY HIS PARTNER, ALSO A FORMER REGISTERED REPRESENTATIVE AND INVESTMENT ADVISER REPRESENTATIVE. WILLIAMS ASSISTED HIS PARTNER IN MANAGING FIRM ADVISORY CLIENT PORTFOLIOS, INCLUDING THOSE CLIENTS WHO INVESTED IN A SECURITY NOT APPROVED FOR SALE BY THEIR FIRM. WHILE HE LACKED SUFFICIENT INFORMATION TO KNOW THAT HIS PARTNER'S STATEMENTS TO INVESTORS WERE FALSE, WILLIAMS DID ACCEPT UNDISCLOSED FEES FROM THE SECURITY. AS AN INVESTMENT ADVISER, WILLIAMS HAD A FIDUCIARY DUTY TO DISCLOSE MATERIAL CONFLICTS OF INTEREST TO HIS CLIENTS AND TO ACT IN THEIR BEST INTERESTS. WILLIAMS BREACHED THIS DUTY BY ACCEPTING QUARTERLY COMMISSION PAYMENTS FROM THE SECURITY THAT WERE NOT DISCLOSED TO THE FIRM'S ADVISORY CLIENTS HE SERVICED. THESE PAYMENTS, WHICH CAME FROM MONIES INVESTED BY HIS ADVISORY CLIENTS IN THE SECURITY, DISADVANTAGED WILLIAMS' CLIENTS WHILE BENEFITING WILLIAMS. FURTHER, WILLIAMS KNEW THAT A SUBSTANTIAL NUMBER OF HIS ADVISORY CLIENTS WERE INVESTING IN THE SECURITY, BUT HE KNEW VIRTUALLY NOTHING ABOUT THIS UNREGISTERED OFFERING, EXCEPT THAT IT WAS NOT AN INVESTMENT SANCTIONED OR APPROVED BY HIS FIRM. WHEN CLIENTS COMPLAINED TO WILLIAMS REGARDING PROBLEMS WITH THEIR INVESTMENTS IN THE SECURITY, HE IGNORED THESE RED FLAGS, CONTINUED TO ACT AS THEIR INVESTMENT ADVISER, AND CONTINUED TO RECEIVE PAYMENTS FROM THE SECURITY. BASED ON THESE ACTIONS, WILLIAMS WILLFULLY VIOLATED SECTIONS 206(1) AND 206(2) OF THE ADVISERS ACT.
Resolution
Order
Bar
Bar (Permanent)
Registration Capacities Affected
SEE COMMENTS
Duration
Indefinite
Start Date
8/13/2015
Registration Capacities Affected
PARTICIPATING IN ANY OFFERING OF A PENNY STOCK
Duration
Indefinite
Start Date
8/13/2015
Sanctions
Cease and Desist
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$94,191.00
Sanctions
Disgorgement
Amount
$94,191.00
Sanctions
Monetary Penalty other than Fines
Amount
$9,854.00
Sanctions
Prohibition