Westgate president charged with $150m investment fraud
Hedge fund boss will face $150 million fraud allegations in a New York court
NEW YORK - James Nicholson, president of Westgate Capital Management, is facing charges over an alleged $150 million fraud at his investment management firm. The alleged fraud has all the hallmarks of a Ponzi scheme and led to investigators freezing Westgate's and Nicholson's assets last month.
He faces four felony charges, including securities fraud and investment adviser fraud, according to a statement by Lev Dassin, acting US attorney for the Southern District of New York.
The allegations date back to 2004 and allege Nicholson made inflated claims to investors of the value of assets under his management, claiming to manage between $600 million and $900 million. Prosecutors said $5 million in cheques made out to the fund's investors bounced in December 2008.
The fund's marketing brochures are also alleged to have disclosed "uniformly positive" returns each month between October 1999 and August 2008 except for September 2001 - echoing the Ponzi scheme fraud allegations made against Texan billionaire Sir Allen Stanford and those already proven against imprisoned fund manager Bernard Madoff.
Prosecutors allege Nicholson's fund performance was much lower during those months and also accuse him of withdrawing $400,000 from a number of Westgate accounts in 50 transactions made at small increments designed to evade the radar of reporting requirements.
Investigators appointed a receiver for Westgate last month in addition to freezing Nicholson's assets and those under management by Westgate.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Review of 2025: It’s the end of the world, and it feels fine
Markets proved resilient as Trump redefined US policies – but questions are piling up about 2026 and beyond
Hong Kong derivatives regime could drive more offshore booking
Industry warns new capital requirements for securities firms are higher than other jurisdictions
Will Iosco’s guidance solve pre-hedging puzzle?
Buy-siders doubt consent requirement will remove long-standing concerns
Responsible AI is about payoffs as much as principles
How one firm cut loan processing times and improved fraud detection without compromising on governance
Could one-off loan losses at US regional banks become systemic?
Investors bet Zions, Western Alliance are isolated problems, but credit risk managers are nervous
SEC poised to approve expansion of CME-FICC cross-margining
Agency’s new division heads moving swiftly on applications related to US Treasury clearing
ECB bank supervisors want top-down stress test that bites
Proposal would simplify capital structure with something similar to US stress capital buffer
Clearing houses warn Esma margin rules will stifle innovation
Changes in model confidence levels could still trip supervisory threshold even after relaxation in final RTS