SEC Levels Fraud Charges Related to Facebook IPO

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By Paul Ausick Updated Published
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Mark_Zuckerberg_2008
Brian Solis, via Wikimedia Commons
A 1994 Oregon Republican gubernatorial candidate, Craig Berkman, was charged with fraud today by the U.S. Securities and Exchange Commission (SEC) for a “Ponzi-like scheme” around last year’s initial public offering of stock in Facebook Inc. (NASDAQ: FB). An associate of Berkman’s was also charged with aiding and abetting in the violations.

Berkman, who now lives in Florida, raised $13.2 million from 120 investors by selling shares in limited liability companies he owned that he claimed would either acquire pre-IPO shares of social media companies, acquire pre-IPO shares of Facebook, or acquire a company that already owned pre-IPO shares of Facebook.

Berkman did invest about $600,000 in an unrelated fund that had acquired pre-IPO Facebook stock, but Berkman’s investment did not provide him or any of his company’s with ownership of those shares. The rest of the cash went to pay off an earlier fine, pay off early investors in the Facebook IPO scheme, and for his own personal use.

This is such a run-of-the-mill scheme that it seems incredible that anyone would fall for it. Facebook’s insistence on a $100 billion IPO valuation — which lasted for about one day — was a far more inventive way of separating investors from their money.

Photo of Paul Ausick
About the Author Paul Ausick →

Paul Ausick has been writing for a673b.bigscoots-temp.com for more than a decade. He has written extensively on investing in the energy, defense, and technology sectors. In a previous life, he wrote technical documentation and managed a marketing communications group in Silicon Valley.

He has a bachelor's degree in English from the University of Chicago and now lives in Montana, where he fishes for trout in the summer and stays inside during the winter.

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