A Houston hedge fund manager whom the Securities and Exchange Commission claimed deceived investors by steering higher fees to brokerage firm John Thomas Financial has filed a case to dismiss the hearing by the agency.
Bloomberg Businessweek reported that George Jarkesy Jr., who could potentially be fined $100 million and barred for life from the securities industry, said in the filing that the SEC proceeding will violate his rights to due process and equal protection under the U.S. Constitution if it were to move forward.
The SEC alleged that Jarkesy led investors to believe that he was solely responsible for all investment decisions at John Thomas. However, John Thomas founder and CEO Anastasios “Tommy” Belesis sometimes replaced Jarkesy in running the funds and funneled money from them into a company he had an interest in, while also “bullying” Jarkesy into paying substantial, unjustified fees to the brokerage firm.
Belesis settled allegations against him by agreeing to be banned from the securities industry in December.