Gpb Capital Holdings, Llc

Event Detail: DAVID GENTILE, JEFFRY SCHNEIDER AND JEFFREY LASH WERE INDICTED BY THE U.S. DEPARTMENT OF JUSTICE IN A FIVE COUNT INDICTMENT ON THE FOLLOWING CHARGES: CONSPIRACY TO COMMIT SECURITIES FRAUD (FELONY), CONSPIRACY TO COMMIT WIRE FRAUD (FELONY), SECURITIES FRAUD (FELONY), AND TWO COUNTS OF WIRE FRAUD (FELONY) (THE "CRIMINAL INDICTMENT"). Status: Pending Summary: DAVID GENTILE, JEFFRY SCHNEIDER AND JEFFREY LASH WERE INDICTED ON JANUARY 29, 2021. MR. GENTILE SERVED AS MANAGER AND CEO OF GPB CAPITAL HOLDINGS, LLC ("GPB"), A REGISTERED INVESTMENT ADVISOR MANAGING MULTIPLE POOLED INVESTMENT VEHICLES. MR. GENTILE IS CHARGED WITH CONSPIRACY TO COMMIT WIRE FRAUD, WIRE FRAUD, CONSPIRACY TO COMMIT SECURITIES FRAUD, AND SECURITIES FRAUD. THE U.S. ATTORNEY'S OFFICE ALLEGES THAT MR.GENTILE TOGETHER WITH OTHERS ENGAGED IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES AND USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2014-2018. GPB WAS NOT NAMED AS A DEFENDANT IN THIS ACTION.

Event Detail: MR. COHN WAS CHARGED BY THE U.S. DEPARTMENT OF JUSTICE IN A FOUR COUNT INDICTMENT WITH OBSTRUCTION OF JUSTICE (FELONY), UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FELONY), THEFT OF PUBLIC PROPERTY (FELONY), AND OBTAINING INFORMATION FROM A GOVERNMENT COMPUTER (FELONY). Status: Final Disposition: ON SEPTEMBER 8, 2020, MR. COHN PLED GUILTY TO A MISDEMEANOR CHARGING HIM WITH THEFT OF GOVERNMENT PROPERTY WITH A VALUE OF LESS THAN $1,000. ALL OTHER CHARGES WERE DROPPED. MR. COHN WAS SENTENCED ON MARCH 24, 2021 TO 9 MONTHS HOME CONFINEMENT. Summary: A SUPERSEDING INDICTMENT WAS FILED ON JULY 15, 2020 CHARGING MR. COHN WITH ONE COUNT OF OBSTRUCTION OF JUSTICE, ONE COUNT OF OBTAINING INFORMATION FROM A GOVERNMENT COMPUTER, AND ONE COUNT OF UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION. ON SEPTEMBER 8, 2020, MR. COHN PLED GUILTY TO A MISDEMEANOR CHARGING HIM WITH THEFT OF GOVERNMENT PROPERTY WITH A VALUE OF LESS THAN $1,000. ALL OTHER CHARGES WERE DROPPED. MR. COHN WAS SENTENCED ON MARCH 24, 2021 TO NINE MONTHS HOME CONFINEMENT.

Allegations: MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF FEDERAL SECURITIES LAWS IN A NINE COUNT CIVIL COMPLAINT FOR AIDING AND ABETTING VIOLATIONS OF 17(A) OF THE SECURITIES ACT, AIDING AND ABETTING VIOLATIONS OF SECTION 10(B) OF THE EXCHANGE ACT AND RULE 10B-5, VIOLATION OF SECTIONS 206(1) AND (2) OF THE ADVISERS ACT, VIOLATION OF SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-2, VIOLATION OF SECTION 12(G) OF THE EXCHANGE ACT, VIOLATION OF SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-7, AND VIOLATION OF SECTION 21F OF THE EXCHANGE ACT AND RULE 21F-17(A). Status: Pending Summary: MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF FEDERAL SECURITIES LAWS IN A NINE COUNT CIVIL COMPLAINT ALLEGING THAT THE DEFENDANTS ENGAGED IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB AND MAKING MATERIALLY FALSE AND MISLEADING STATEMENTS AND/OR OMITTING TO STATE MATERIAL FACTS TO INVESTORS. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2014-2018. THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW JERSEY SECURITIES LAWS IN A THREE COUNT CIVIL COMPLAINT FOR EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF A MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH THEY ARE MADE, NOT MISLEADING, AND ENGAGING IN ANY PRACTICE, OR COURSE OF BUSINESS WHICH OPERATES OR WOULD OPERATE AS A FRAUD OR DECEIT UPON ANY PERSON. Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW JERSEY SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT 2014-2018. THIS MATTER WAS DISMISSED WITHOUT PREJUDICE TO ALLOW THE STATE OF NEW JERSEY TO REFILE UPON THE CONCLUSION OF THE CRIMINAL INDICTMENT.

Allegations: DAVID GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW YORK SECURITIES LAWS IN A FIVE COUNT CIVIL COMPLAINT FOR SECURITIES FRAUD UNDER THE MARTIN ACT, PERSISTENT FRAUD AND ILLEGALITY UNDER EXECUTIVE LAW SECTION 63(12), BREACH OF FIDUCIARY DUTY, AND INDUCEMENT AND PARTICIPATION IN A BREACH OF FIDUCIARY DUTY. Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW YORK SECURITIES LAWS AND BREACH OF FIDUCIARY DUTY FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT A FROM 2013-2018. THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF ALABAMA SECURITIES LAWS IN A THREE COUNT CIVIL COMPLAINT FOR EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF A MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH THEY ARE MADE, NOT MISLEADING, AND ENGAGING IN ANY PRACTICE, OR COURSE OF BUSINESS WHICH OPERATES OR WOULD OPERATE AS A FRAUD OR DECEIT UPON ANY PERSON. Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF ALABAMA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT 2014-2018. THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF SOUTH CAROLINA SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING ALLEGING VIOLATIONS OF SOUTH CAROLINA CODE ANN. SECTIONS 35-1-501(1), 35-L-604(D), 35-1-501(2) AND 35-L-604(A)(L). Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF SOUTH CAROLINA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE MADE MATERIAL MISREPRESENTATIONS OF FACT AND/OR OMITTED TO MAKE A STATEMENT OF MATERIAL FACT IN LIGHT OF THE STATEMENTS MADE TO INVESTORS. FURTHER, MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: ON MAY 27, 2020, THE ENFORCEMENT SECTION OF THE MASSACHUSETTS SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH ("MASSACHUSETTS") FILED AN ADMINISTRATIVE COMPLAINT TO COMMENCE AN ADJUDICATORY PROCEEDING AGAINST GPB FOR VIOLATIONS OF THE MASSACHUSETTS UNIFORM SECURITIES ACT AND THE REGULATIONS PROMULGATED THEREUNDER. THE ADMINISTRATIVE COMPLAINT ALLEGES THAT GPB MADE FALSE AND MISLEADING STATEMENTS AND OMITTED MATERIAL FACTS IN CONNECTION WITH THE OFFER AND SALE OF INTERESTS IN THE POOLED INVESMENT VEHICLES MANAGED BY GPB, INCLUDING GPB HOLDINGS, LP; GPB AUTOMOTIVE PORTFOLIO, LP; GPB HOLDINGS II, LP; GPB WASTE MANAGEMENT, LP; AND GPB NYC DEVELOPMENT, LP. Status: Pending Summary: ON MAY 27, 2020, MASSACHUSETTS FILED AN ADMINISTRATIVE COMPLAINT TO COMMENCE AN ADJUDICATORY PROCEEDING AGAINST GPB FOR ALLEGED VIOLATIONS OF MASSACHUSETTS UNIFORM SECURITIES ACT AND THE REGULATIONS PROMULGATED THEREUNDER. THE ADMINISTRATIVE COMPLAINT ALLEGES THAT GPB MADE FALSE AND MISLEADING STATEMENTS AND OMITTED MATERIAL FACTS IN CONNECTION WITH THE OFFER AND SALE OF CERTAIN INTERESTS IN THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. GPB STRONGLY DISAGREES WITH THE ALLEGATIONS IN THIS ADMINISTRATIVE COMPLAINT AND PLANS TO VIGOROUSLY OPPOSE THEM. THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF MISSOURI SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING ALLEGING 255 VIOLATIONS OF SECTION 409.4-412 AND 255 VIOLATIONS OF SECTION 409.5-502 OF THE MISSOURI SECURITIES ACT. Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF MISSOURI SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE MADE MATERIAL MISSTATEMENTS OF FACT AND/OR OMITTED TO MAKE A STATEMENT OF MATERIAL FACTS IMPORTANT AND RELEVANT TO THE POOLED INVESTMENT VEHICLES. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES ARE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018. THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF ILLINOIS SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING FOR ALLEGEDLY EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE OR MATERIALLY MISLEADING STATEMENTS OF FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS, IN LIGHT OF THE CIRCUMSTANCES, NOT MISLEADING AND ENGAGING IN THE PRACTICE OR COURSE OF BUSINESS WHICH OPERATES AS A FRAUD. Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF ILLINOIS SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR PERSONAL BENEFIT FROM 2013-2018. THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.

Allegations: MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF GEORGIA SECURITIES LAWS IN A REGULATORY PROCEEDING ALLEGING THAT MR. GENTILE, GPB AND AFFILIATES ENGAGED IN EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS MADE NOT MISLEADING, AND FURTHER ENGAGING IN ANY PRACTICE OR COURSE OF BUSINESS WHICH OPERATES AS A FRAUD. Status: Pending Summary: MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE VIOLATED GEORGIA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.THIS MATTER HAS BEEN STAYED PENDING THE OUTCOME OF THE CRIMINAL INDICTMENT.