The U.S. District Court for the Western District of Wisconsin entered a final judgment against Edward S. Walczak, a former mutual fund portfolio manager, for fraudulently misrepresenting to investors how he managed risk in the Catalyst Hedged Futures Strategy Fund. The court ordered Walczak to pay $11.2 million and also restricted Walczak from managing or advising on investments for others. The order follows an April 2022 jury verdict finding against Walczak on the U.S. Securities and Exchange Commission negligence-based fraud claims.
The SEC’s complaint against Walczak alleged that he told investors that the fund employed a risk management strategy involving safeguards to prevent losses of more than 8%, when in fact no such safeguards limited losses and Walczak did not otherwise consistently manage the fund to an 8% loss threshold.
The complaint further alleged that, between December 2016 and February 2017, the fund breached certain risk parameters and Walczak failed to take the required corrective action. The fund lost more than $700 million – approximately 20% of its value – as markets moved against it, according to the complaint.
The jury found Walczak violated Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 and Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder, but also found he did not violate Section 17(a)(1) of the Securities Act and Section 206(1) of the Advisers Act. Based on the jury’s verdict, the court ordered Walczak to pay $7,765,105 in disgorgement, $1,868,158.50 in prejudgment interest, and a $1.6 million civil penalty. The court order also enjoined Walczak from managing or advising on investments in securities or commodity futures for any third parties, except for his wife or children, until April 18, 2027.
The SEC previously announced on Jan. 27, 2020, a related settled action against the fund’s investment adviser, Catalyst Capital Advisors LLC and Jerry Szilagyi, its president and chief executive officer.
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