Investigation Overview
March 21, 2016 (Shareholders Foundation) - An investigation on behalf of purchasers of notes issued by Aequitas Commercial Finance, LLC and Income Opportunity Fund II over potential securities laws violations was announced.
The investigation by a law firm focuses on possible claims on behalf of investors who purchased notes issued by Aequitas Commercial Finance, LLC (ACF) pursuant to a Private Placement Memorandum (PPM) dated November 2013, or notes issued by Income Opportunity Fund II (IOF II) beginning January 2014.
Between January 2014 and January 2016, Aequitas-affiliated entities raised about $350 million selling notes directly to investors pursuant to Private Placement Memorandums representing the funds would be used to purchase trade receivables. But according to a complaint filed by the Securities and Exchange Commission (SEC), unbeknownst to investors, the May 2014 default of an entity accounting for 75% of ACFs receivables pushed the Aequitas funds into insolvency. Thereafter, private placement proceeds were used not to purchase trade receivables but principally to pay operating costs, as well as redemptions and interests to existing investors.