David Wallace and Costa Bajjali fined by the SEC for BizRadio related issues! Will Investors Be Made Whole?

David Wallace is the author of “One Nation Under Blog: Forget the Fact and Believe What I Say” – wow…I was reminded of that as I began this post and thought how telling.  David and Costa wanted investors in their private placements and it seemed that they wanted investors to “forget the facts” and believe what they said…although what they said led to massive losses when they over invested in the money losing BizRadio driven by Dan “The Money Man” Frishberg.

Fined by the SEC for their roles in misleading investors – David Wallace and Costa Bajjali each have agreed to pay a $60,000 fine.  The SEC news release states the following:

On May 20, 2011, the Commission filed suit in U.S. District Court for the Southern District of Texas against Houston area real estate developers David Wallace and Costa Bajjali in connection with two fund offerings. This suit is a related case to SEC v. Albert Fase Kaleta and Kaleta Capital Management, Case No. 4:09-cv-03674 (filed November 13, 2009) and SEC v. Daniel Sholom Frishberg, Case No. 4:11-cv-01097 (filed March 23, 2011).

The Commission’s complaint alleges that from November 2006 through December 2008, Wallace and Bajjali offered and sold interests in the Wallace Bajjali Investment Fund II, L.P. (“WB Fund”) and the Laffer Frishberg Wallace Economic Opportunity Fund, L.P. (“LFW Fund”). The complaint further alleges that the private placement memoranda (“PPMs”) for these funds stated that investment in any one business would be limited—to 33% in WB Fund and 20% in the LFW Fund.  Both funds exceeded the PPMs’ stated limitations by investing heavily in Business Radio Networks, L.P. d/b/a BizRadio, a struggling media company. As a result, they subjected the Funds’ investors to substantially greater investment risk than the Fund’s written materials disclosed.

The complaint alleges that Wallace and Bajjali violated the Sections 17(a)(2) and (a)(3) of the Securities Act of 1933. Without admitting or denying the Commission’s allegations, Wallace and Bajjali each consented to the entry of a permanent injunction and to pay a $60,000 civil penalty.

The actual SEC Complaint is here:  SEC Complaint – David Wallace Costa Bajjali

The Amarillo Globe News reports the following:

“When we sell the real estate,” Wallace said, “we believe we will be able to absorb whatever we’ve written off as it relates to news radio.”

In written disclosures related to the securities offerings, the suit says, Wallace and Bajjali told investors the funds’ investments in any one business would be limited to no more than 33 percent from the Wallace Bajjali Investment Fund and no more than 20 percent from the Laffer Frishberg Wallace Economic Opportunity Fund.

By May 2007, $6.5 million, or 40 percent, of $16 million raised under the Wallace Bajjali Fund had been invested in BizRadio, the suit says. By the time the Opportunity Fund closed in December 2008, roughly 57 percent, or $4 million, of about $7 million raised had been invested in BizRadio, the suit says.

The result was that Wallace and Bajjali, “subjected the Funds’ investors to substantially greater investment risk than the Funds’ written materials disclosed,” according to SEC filings.

Wallace called it a “technical” problem, saying he and Bajjali thought other money was being raised for the two funds that would have ensured that the limits were not surpassed.

The $120,000 fine wasn’t the only payment Wallace and Bajjali had to make in this case. Last November, in negotiations with Thomas Taylor III, the Houston attorney who is overseeing the SEC-ordered receivership of KCM, Wallace has paid back $92,348 and Bajjali has paid back $45,550 to date, according to the publicly available information. At that time, Taylor said negotiations are ongoing about further repayments by Wallace and Bajjali.

REALLY DAVID A TECHNICAL PROBLEM?

Sorry, but sometimes you have to call bull s**t when you see it.  Technical problem my ass!  David and Costa got their hands slapped when most who lost substantial monies likely feel that more is in order.  It is not a TECHNICAL PROBLEM when you substantially commit massive funds into an investment that you know is a losing proposition hoping that more investor funds would be forthcoming so that you could then avoid the TECHNICAL ISSUE.

SO HERE’S THE QUESTION DAVID – If, as you stated, when you sell the real estate you will be able to absorb what you’ve written off related to news radio – does that mean that the investors who lost millions at your hand will be made whole?  WILL INVESTORS BE MADE WHOLE?  That’s a question those who lost millions would like an answer to.  DAVID WHAT’S THE ANSWER?

THE NEXT QUESTION:  For those who were lucky enough not to be sucked into the Dan Frishberg scambus…doesn’t that mean that their gains (you know when the real estate sells) will be less?  David…REALLY DOESN’T EVERYONE LOSE HERE?

Put clearly – David – if you had followed the terms of your investment private placement memorandum – BizRadio and Dan Frishberg would have been out of business long ago and you would have not been embarrassed at their hand.

The Amarillo report also says:

“We have been impressed with the level of transparency in this issue, as David Wallace has kept us informed throughout the SEC process,” Amarillo Mayor-elect Paul Harpole said in a Wallace Bajjali news release. “We are pleased with this positive resolution and appreciate Wallace Bajjali’s forthright, thorough and ongoing communication about the issue.”

Melissa Dailey, executive director of Downtown Amarillo Inc., the nonprofit group leading downtown redevelopment, said in a statement: “The SEC review ended with a settlement announcement noting a single technical error regarding a Fund managed by Wallace and Bajjali.”

Perhaps David has figured out – stick to Real Estate and out of Radio!  My hope is that the profits from the Amarillo venture might be used to pay the investment losses from David’s mind fart in investing in BizRadio.

YOUR COMMENTS ARE WELCOME!

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