Three hedge fund executives have been permanently barred from the securities industry by the SEC for a fraud that dates back to the 2008 financial crisis, the agency announced Monday.
Janet C. Hall, chief judge of the United States District Court for the District of Connecticut, entered final consent judgments against defendants David A. Bryson and Richard Pereira of Ridgefield, Conn., and Bart C. Gutekunst of Weston, Conn. The trio agreed to the SEC ban. Each was previously convicted of criminal charges of conspiracy to commit wire fraud and sentenced to prison terms for their scheme.
The three operated a hedge fund complex with more than $750 million through the now defunct New Stream Capital and affiliated entities. As the 2008 financial crisis unfolded, the three men revised New Stream’s capital structure without telling investors. The changes were made to try to prevent their biggest investor from withdrawing $300 million from the funds.
The fraud put older investors at an advantage over newer ones. The New Stream funds eventually collapsed, leaving investors to try to retrieve money through bankruptcy procedures. The criminal charges ended in the trio being ordered to pay $57 million in disgorgement. They were sentenced to jail terms ranging from 33 months to one year.