2009-02-28palmbeachdailynews.com

According to the complaint, the fraud includes providing prospective investors with materially false and misleading sales material and oral statements about returns, concealing Westgate's true financial condition through a fictitious accounting firm called Havener and Havener, and providing investors with fake audited financial statements from the fake firm.

Nicholson told investors his company had assets under management ranging from $600 million to $900 million when, in fact, the true value was "materially less." He set up the fake accounting firm with his own telephone numbers and driver's license through a virtual office arrangement, according to the complaint.

The investigation into Nicholson and his business dealings began in December, after Westgate investors heard about alleged Ponzi mastermind Bernard Madoff's $50 billion scheme and began trying to redeem their own investments in 11 different Westgate hedge funds, according to a statement from federal prosecutors.



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