Business Law for Accountants: SECURITIES AND EXCHANGE COMMISSIONS VS. NOCHOLAS J. GENOVESE, WILLOW CREEK INVESTMENTS, LP., AND WILLOW CREEK ADVISERS, LLC

Case Brief using IRAC method

SECURITIES AND EXCHANGE COMMISSIONS VS. NOCHOLAS J. GENOVESE, WILLOW CREEK INVESTMENTS, LP., AND WILLOW CREEK ADVISERS, LLC

Facts:

1. Several false oral statements were made regarding Genovese’s investments, career and professional and personal affiliations.

2. The defendants Genovese and his entity, Willow Creek Fund has raised $5.32 million dollars from at least 6 investors.

3. Genovese criminal background was purposely excluded.

Issues:

1. Did Genovese and Willow Creek Fund in fact violate Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and…

2. Did Genovese and Willow Creek violate Sections 206(1), 206(2) and 206(4) of the Investment Advisers Act of 1940 and 80b-6(2) and 80b6(4) and Rule 206(4)-8 thereunder ?

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