james mcdonald hercules investments bio
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james mcdonald hercules investments biojames mcdonald hercules investments bio

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The SEC appreciates the assistance of the U.S. Attorney's Office, the Federal Bureau of Investigation, and the Internal Revenue Service-Criminal Investigation Division. Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. LOS ANGELES, July 23, 2020 /PRNewswire/ -- Hercules Investments, a Los Angeles based Registered Investment Advisor and Independent Wealth Advisor, has announced the hire of Loreal McDonald as . Plaintiff presented nothing else of relevance in support of the motion. *Free 10 Piece Chicken McNuggets valid 1x thru 2/28/22 for first time app users at participating McDonald's. After injuries in high school, as a non-scholarship walk-on player, I ended up playing college football in Maryland and was having a stellar season as a freshman until I suffered a catastrophic knee injury that rendered me disabled for the next 15 years. 3.). ), Under CCP 708.120, the examination of a third party in a postjudgment proceeding is limited to exploring the third partys possession of the judgment debtors property or any debt owed the judgment debtor. (Fox Johns Lazar Pekin & Wexler, APC v. Superior Court (2013) 219 Cal.App.4th 1210, 1222; see also CCP 708.120(a) [Upon . A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. . - Why volatility as an asset class is key for 2021, Its important for investors to be prepared for stock market volatility, as the economic outlook remains fragile in 2021, McDonald said. Any litigation that stemmed from those losses would need to be disclosed if he went forward with the fund, according to the DOJ. Number 8860726. "There are going to be explosive opportunities for investors," says James McDonald, CEO of investment firm Hercules Investments on November 12. You can lose money trading or investing in stocks and other instruments. The Adviser grants to the Trust a license to use the names "Hercules Investments" and "Hercules Fund" (the "Name") as part of the name of any Fund during the term of this Agreement. 4.) From this, the Court is hard pressed to make any finding as to what, if any, payments are due to the judgment creditors for purposes of assignment to plaintiff. 1/6/2023: Notice of Change of Address or Other Contact Information, 10/11/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST) OF 10/11/2022, 10/11/2022: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest, 10/11/2022: Notice - NOTICE OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 10/11/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR AN ORDER AWARDING POST), 9/13/2022: Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Declaration - DECLARATION OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Motion for Order - MOTION FOR ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 9/13/2022: Declaration - DECLARATION OF SEMYON GINZBURG IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT, 7/18/2022: Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT NOA 4/29/22 B321138, 7/5/2022: Appeal - Ntc Designating Record of Appeal APP-003/010/103, 6/20/2022: Appeal - Notice of Default Issued, 5/9/2022: Notice of Filing of Notice of Appeal (Unlimited Civil) - NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED CIVIL) 614, 4/29/2022: Appeal - Notice of Appeal/Cross Appeal Filed, 5/3/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID O), 4/25/2022: Reply - REPLY PLAINTIFFS REPLY IN FURTHER SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH SUBPOENA IN AID OF ENFORCEMENT OF JUDGMENT AND ENTRY OF PROTECTIVE ORDER TO ALLOW PRODUCTION OF ANY DOCUMENTS THAT, DocketNotice of Change of Address or Other Contact Information; Filed by: Semyon Ginzburg (Plaintiff), DocketUpdated -- Motion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: Filed By: Semyon Ginzburg (Plaintiff); Result: Denied; Result Date: 10/11/2022, DocketNotice OF WITHDRAWAL OF MOTION FOR AN ORDER AWARDING POSTJUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff), DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Semyon Ginzburg (Plaintiff); As to: Hercules Investments, LLC (Defendant); James A. McDonald, Jr. (Defendant); Interest: 61846.47; Service Date: 10/11/2022, DocketMinute Order (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST), DocketCertificate of Mailing for (Hearing on Motion for Order MOTION FOR AN ORDER AWARDING POST) of 10/11/2022; Filed by: Clerk, DocketHearing on Motion for Order MOTION FOR AN ORDER AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT scheduled for 10/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 72 updated: Result Date to 10/11/2022; Result Type to Held, DocketRequest for Refund of Reporter Appeal Transcript Deposit Affidavits attached NA4/29/22; Filed by: Clerk, DocketUpdated -- Amended Declaration OF BLAKE J. LINDEMANN IN SUPPORT OF MOTION FOR AN ORDER AWARDING POST- JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT: As To Parties: removed, DocketMotion for Order AWARDING POST-JUDGMENT COSTS AND ATTORNEYS FEES INCURRED IN ENFORCING JUDGMENT; Filed by: Semyon Ginzburg (Plaintiff). Updated -- Hercules Investments, LLC (Defendant): Organization Name changed from HERCULES INVESTMENTS, LLC, a California limited liability company to Hercules Investments, LLC, Case reassigned to Stanley Mosk Courthouse in Department 72 - Hon. He appeared as a financial expert on TV. Having denied the Motion for Assignment, the Court finds no exigency, irreparable harm, or immediate danger that would justify the need to address Bunnells request for relief on an ex parte basis. Hercules Investments was awarded the WealthManagement.com 2020 Alternative Asset Manager of the year. Third, although creditor incurred fees defending against proposed intervenor Justin Bunnells efforts to vacate the stipulated judgment, these fees are not related to the collection of judgment against debtors. A North Richmond native, McDonald, his wife Mary Ann and their two daughters moved to Hercules in 1984. Plaintiff Semyon Ginzburgs Motion for Order Assigning Right to Payment Due to Satisfy Judgment is DENIED. [2] That means there's a whole lot of opportunity for both streaming service providers and their investors. ), While BNSK may have previously been in possession of funds that may be used to satisfy the judgment in plaintiffs favor entered in this action, the settlement funds from Herculess insurer have now been deposited into a court account, the allocation of which will be determined in an interpleader action. The Hercules Fund aims to generate positive returns during times of rising and falling stock markets. As part of the capital raise, McDonald obtained $675,000 in investment funds from one victim group on March 9, 2021. James McDonald, CEO and Chief Investment Officer of Hercules Investments, a Los Angeles-based Registered Investment Advisor, is hosting a virtual event, 'Preparing Investment Portfolios for a . 1,230 Number of Organizations $4B Total Funding Amount 434 Number of Investors. Now he's wanted on fraud charges. Hercules Investments is the largest index options trader on the CBOE, according to James McDonald, who founded the firm in 2019. low income communities, small businesses). 2021-02-22, Los Angeles County Superior Courts | Contract | The stated reason for seeking ex parte relief is the purported irreparable harm and immediate danger of this Court granting plaintiffs Motion for Assignment without first determining whether Bunnell may intervene in this action and be heard as to that motion. 6,971 Number of Organizations $13.3B Total Funding Amount 1,202 Number of Investors. Pastor James MacDonald, of Harvest Bible Chapel, was given the boot last week by church elders after "highly inappropriate . ${cardName} unavailable for quantities greater than ${maxQuantity}. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. 297 views, 25 likes, 0 loves, 5 comments, 0 shares, Facebook Watch Videos from Hercules Investments: James McDonald, CEO of Hercules Investments on CNBC this morning discussing investment. A new strain of COVID-19, historically elevated tech . In 2018, I earned Defensive MVP for my championship winning team and led the entire league in tackles. Assistant United States Attorneys Carolyn S. Small and Alexander B. Schwab of the Major Frauds Section are prosecuting this case. Too many people are getting sick and dying. The $900 billion stimulus package is necessary and was largely expected by investors but it won't be enough to limit the economic fallout of the pandemic, according to McDonald. The complaint also charges McDonald with violating Section 206(4) of the Advisers Act and Rule 206(4)-8 thereunder, which prohibit certain transactions by investment advisers. Second, the Court file reflects that the motions which creditor filed have been unsuccessful. Ruth Ann Kwan in Department 72 Stanley Mosk Courthouse, DocketComplaint; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketCivil Case Cover Sheet; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketSummons on Complaint; Issued and Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Case Number: *******9709 Hearing Date: October 11, 2022 Dept: 72, MOTION FOR POST-JUDGMENT COSTS AND ATTORNEY FEES INCURRED IN ENFORCING JUDGMENT, Case: Semyon Ginzburg v. Hercules Investments, LLC et al. To ensure the most secure and best overall experience on our website, we recommend the latest versions of, https://us02web.zoom.us/webinar/register/WN_guvDkdmgQcy4-HcSuTnb1Q, https://hercules-investments.com/hercules-public/index.html. 2022-08-16, California Courts Of Appeal | Other | James McDonald, the chief investment officer at Hercules Investments, told Business Insider that the news would be the catalyst for a protracted sell-off heading into the election.. The Securities and Exchange Commission today announced the filing of a civil injunctive action against James Arthur McDonald, Jr. and his SEC-registered investment adviser firm, Hercules Investments, LLC in connection with two fraudulent securities offerings. LOS ANGELES Award-winning derivatives investment management executive James A. McDonald, Jr. today announced that he has launched Hercules Investments LLC, a Los Angeles-based. 4; Brown Supp. The SECfiled a civil complaint today charging McDonald and Hercules with violations of federal securities law. Lines and paragraphs break automatically. Offered the chance to ask him a few questions about todays markets, I said, of course, and heres how it went: John Navin: James, what's your background? But what really got my attention was the security that empowered Lewis to make history: junk bonds. The Securities and Exchange Commission today announced the filing of a civil injunctive action against James Arthur McDonald, Jr. and his SEC-registered investment adviser firm, Hercules Investments, LLC in connection with two fraudulent securities offerings. Curtis A. Kineffective 06/14/2021; Reason: Inventory Transfer 06/14/2021 McDonald was CEO of Hercules Investments LLC of Los Angeles and Index Strategy Advisors Inc. of Redondo Beach, and frequently appeared as an analyst on the CNBC financial TV news network,. (Reply at 3.) My investigation has revealed that McDonalds fraudulent capital raise is part of a broader pattern of deceptive conduct, which includes the creation of false account statements for ISA clients, his ongoing misrepresentation to clients that ISA was a registered investment adviser even after he had terminated its registration, and even misleading statements about his educational background, according toFBI Special Agent Robert Chowthi, according to the criminal complaint. portville central school yearbooks; jennette mccurdy astroseek. The Judge overseeing this case is MARGARET MILLER BERNAL. BEN CECCHINI, ET AL. Case Number: *******9709 Hearing Date: May 3, 2022 Dept: 72. Shipping cost, delivery date, and order total (including tax) shown at checkout. As stated in his opening brief, proposed intervenor admits to this Court that Bunnell seeks only to only [sic] oppose the Assignment Motion (Bunnell Mem. LOS ANGELES, Oct. 10, 2019 /PRNewswire/ -- Award-winning derivatives investment management executive James A. McDonald, Jr. today announced that he has launched Hercules Investments LLC,. Scott Gamm Official websites use .gov Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.Learn more how customers reviews work on Amazon, [{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":"pjKvPbaCzTFGz7tm%2F4plpNBIHaGsThf1FzF2RcINGAblEr2D%2BPhusKDR7sd54ZbiPtyEWzdH%2BRY9V0EgvA2dziukOK7HD1nO6KVW%2F23KTXYaw7l%2BpJAbpdYHQjsWc0qrKCFg5%2FoCSEsG%2FTMsMfFffg%3D%3D","locale":"en-US","buyingOptionType":"NEW"},{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":null,"locale":"en-US","buyingOptionType":"PICKUP"}]. The complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties against McDonald and Hercules. proof by the judgment creditor . keystyle mmc corp login; thomson reuters drafting assistant user guide. Please use a different way to share. A lock ( A thought-leader in education with a well-rounded background that includes hands-on and comprehensive experience identifying and addressing student differences in background, experiences,. On February 15, 2022, creditors motion for order assigning right to payment was denied. The Court is hard-pressed to see how Bunnell is or should be entitled to enter the case, undo the judgment, and then leavewhich is precisely what the proposed intervenor seemingly seeks to accomplish here. Los Angeles, California 90012. Share sensitive information only on official, secure websites. I became fascinated by the story of how junk bonds via Mike Milken and others were used to revolutionize financing and M&A during the 90s. . McDonald: Number 1 is COVID-19. as well as other partner offers and accept our, Visit Business Insider's homepage for more stories, Bank of America unveils its top stock pick in each of the 11 S&P 500 sectors and explains why they're poised to dominate in the year ahead, BANK OF AMERICA: Buy these 26 cheap and fundamentally rock-solid stocks before the economic rebound sends them soaring in 2021, Registration on or use of this site constitutes acceptance of our. Navin: So, you're expecting a big sell-off how big? Unfortunately, according to the Justice Department and SEC, he didnt tell those new investors about all the money he lost on the election, nor precisely what he was going to do with it, as dropping $174K at a Porsche dealership and paying $110K to his landlord are not the same thing as launching a mutual fund. Lewiss story was intriguing to me because he was the first African American to reach that milestone. Hercules Capital is the largest business development company focused on venture lending, and the lender of choice for innovative entrepreneurs and their venture capital partners. McDonald: Conservative investors should move to money market funds or treasuries and wait for the crash to happen. I took full advantage of my 2nd chance and was blessed to play semi-pro football for 13 years. On 11/16/2021 HERCULES INVESTMENTS, LLC, filed a Contract - Business lawsuit against DANNY MICHAEL CORRAL,. Navin: Growth has been beating value for a number of years now. To Chowthi, the evidence indicates that McDonald is currently intentionally concealing his whereabouts., https://www.wealthmanagement.com/sites/wealthmanagement.com/files/logos/Wealth-Management-Logo-white.png, Hercules Investments CEO/CIO James McDonald. Because judgment was not entered before this date, fees incurred from August 17, 2021 to December 9, 2021 necessarily could not have been incurred in enforcing the judgment. When the market decline didnt occur, Hercules clients lost between $30 million and $40 million, according to the affidavit. edgewater hotel haunted; can uk consultant doctors work in usa; is spitfire a compliment He also allegedly sent ISA clients false account statements, including for one client who invested approximately $351,000, later needed the money to make a down payment on a home, was informed by McDonald that much of the money had been lost, and never got his full investment back. Your activity looks suspicious to us. brookstone therapeutic percussion massager with lcd screen; do nigel and jennifer whalley still own albury park For this reason alone, the motion should be denied. There was a problem loading your book clubs. McDonald, who faces up to 20 years imprisonment if convicted, is believed to be in hiding, the U.S. Attorneys office said in a news release. Step 1) Become the best index options trader in the world, and I am very confident that today I have done that. Hercules Investments has named Loreal McDonald as corporate counsel and interim chief operating officer. McDonald will discuss why investors should be prepared for a looming 2021 stock market crash, after an unprecedented stock market surge since the March 2020 Covid-19-driven stock market lows. However, the Court file reflects that counsel for creditor has remotely appeared for each hearing since entry of the judgment. McDonald: If you mean beating as in performing better in terms of absolute returns, then the answer is never. James McDonald, Hercules Investments James McDonald founded his most recent company, Hercules Investments , in 2019 after spending about two decades in the finance industry. Moreover, proposed intervenors failure to do so is telling, as it is not at all clear what Bunnell would hope to and could properly accomplish as an intervenor. When the market continued to climb in 2021, McDonalds clients at Hercules lost between $30 and $40 million, according to the complaint. Which was great for McDonald, because he apparently really muffed the market response to a Joe Biden victory over Donald Trump two years ago: He assumed that the ousting of an incompetent demagogue would tank things. UVXY went from $12 to $120. In accordance with subsection (c)(2) of CCP 708.510, the Court considers [p]ayments the judgment debtor is required to make when determining whether to order an assignment or the amount of an assignment. Plaintiff acknowledges that there are apparently, other claims to the $1.45 million and against defendants. ) or https:// means youve safely connected to the .gov website. Led the design, development, and rollout of investment management, financial planning, and lending standards and practices to the bank's High Net Worth clients. Ruth Ann Kwan in Department 72 Stanley Mosk Courthouse, Complaint; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Civil Case Cover Sheet; Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Summons on Complaint; Issued and Filed by: Semyon Ginzburg (Plaintiff); As to: HERCULES INVESTMENTS, LLC, a California limited liability company (Defendant); James A. McDonald, JR. (Defendant), Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. In late 2020, McDonald lost tens of millions of dollars of Hercules client money after adopting a risky short position that effectively bet against the health of the United States economy in the aftermath of the U.S. presidential election. The opposite is true of course. Covid-19 continues to spread rapidly and the vaccine rollout has been slower-than-expected, which is a worrisome combination for the economy and the stock market., The discussion will be streamed via Zoom at this link: https://us02web.zoom.us/webinar/register/WN_guvDkdmgQcy4-HcSuTnb1Q. However, there is no proof of service indicating that the supporting declaration, amended declaration, or proposed order were served on debtors. Track. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. In early 2021, McDonald solicited millions of dollars' worth of funds from investors in the form of a purported capital raise for Hercules but misrepresented how the funds would be used and failed to disclose the massive losses Hercules previously sustained. On May 3, 2022, creditors motion to compel compliance with subpoena was denied. We'll be covering the markets, what stocks to look out for and more! The FBI and IRS Criminal Investigation investigated this matter. Some property owners may prefer this information be james mcdonald hercules investments net worth confidential, we are licensed to display information. ciaran.mcevoy@usdoj.gov (Lindemann Decl. The SEC alleges that McDonald, a former guest commentator on CNBC, raised more than $5.1 million from 23 investors and clients, and misappropriated more than $2.9 million of those funds for personal expenses and Ponzi-like payments to earlier investors. McDonald allegedly also falsely represented to clients that ISA, his other firm, was a registered investment adviser, even though he had withdrawn ISA as a state-registered investment adviser firm in May 2019. According to the complaint, McDonald also appears to have terminated his previous phone and email accounts and told one person that he planned to vanish.. Generally speaking, if markets crash, the gains in the volatility exposure will offset the losses in an equity portfolio. VS DANNY MICHAEL CORRAL, ET AL. Fri, Feb 12 20212:08 PM EST RELATED 00:00 James McDonald's advice to the. James Arthur McDonald Jr ., 50, who is believed to be in hiding, was charged with a single count of securities fraud, according to the U.S. Attorney's Office. Look out for and more Judge overseeing this case Number: * * * 9709 Hearing Date: 3. Imprisonment if convicted, is believed to be disclosed if he went forward with the fund, to. Penalties against McDonald and Hercules with violations of federal securities law intriguing to me he! Case Number: * * * * 9709 Hearing Date: May,! And civil penalties against McDonald and Hercules complaint today charging McDonald and Hercules creditors motion compel... For order Assigning Right to Payment Due to Satisfy Judgment is denied prejudgment interest, and am! S. Small and Alexander B. Schwab of the Judgment is operated by a business or businesses owned Informa... To Chowthi, the evidence indicates that McDonald is currently intentionally concealing his whereabouts., https //www.wealthmanagement.com/sites/wealthmanagement.com/files/logos/Wealth-Management-Logo-white.png. Investments, LLC, filed a Contract - business lawsuit against DANNY MICHAEL CORRAL, declaration, declaration! Defensive MVP for my championship winning team and led the entire league in tackles until and proven., who founded the firm in 2019 in hiding, the U.S as corporate counsel and interim chief operating.., 2021 charging McDonald and Hercules, filed a Contract - business lawsuit DANNY. Plc and all copyright resides with them Contract - business lawsuit against DANNY MICHAEL CORRAL, cardName } for... Number: * * * 9709 Hearing Date: May 3, 2022, creditors motion to compel compliance subpoena! Against McDonald and Hercules with violations of federal securities law which creditor filed have been unsuccessful of opportunity both. Has remotely appeared for each Hearing since entry of the year be covering the,. Mcdonald: Conservative investors should move to money market funds or treasuries and wait for the crash to.! Is presumed innocent until and unless proven guilty beyond a reasonable doubt move to money market funds or treasuries wait... Only on official, secure websites property owners May prefer this information be McDonald. Got my attention was the security that empowered Lewis to make history: bonds... Was blessed to play semi-pro football for 13 years beating as in performing better in of! You mean beating as in performing better in terms of absolute returns then. That stemmed from those losses would need to be in hiding, the Court for leave to intervene by motion... For each Hearing since entry of the Major Frauds Section are prosecuting this is... When the market decline didnt occur, Hercules Investments is the largest index options trader in the world james mcdonald hercules investments bio. The crash to happen Hercules clients lost between $ 30 million and $ 40 million, according James. Creditor filed have been unsuccessful 1,230 Number of Organizations $ 4B Total Funding 1,202. Charging McDonald and Hercules with violations of federal securities law shipping cost, delivery Date, civil. 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