Investing

SEC Settles Charges With Venture Capitalist Over Stolen Investor Funds

Chris Lange

Published: March 30, 2016 12:50 pm

Last Updated: January 13, 2020 11:21 am

The U.S. Securities and Exchange Commission (SEC) announced that a San Francisco-based biotech venture capitalist will settle charges that he siphoned money from a fund managed by his firm in order to prop up other struggling businesses he owned and finance his lavish lifestyle.

The agency found that G. Steven Burrill hid from investors that he took money from the Burrill Life Sciences Capital Fund III under the guise of “advanced” management fees. In turn he spent this money on family vacations to St. Barts and Paris, as well as jewelry, gifts, car service and private jets.

Burrill and his firm Burrill Capital Management have agreed to the disgorgement of $4.785 million in investor money he stole for personal use plus a $1 million penalty. Burrill also has agreed to be permanently barred from the securities industry. Investors of this fund included state pension funds, public companies and other institutional investors.

Andrew J. Ceresney, director of the SEC’s Enforcement Division, commented:

Even though they are exempt from registration, venture capital advisers like Burrill have fiduciary obligations to their clients that we will enforce. Burrill spent his fund’s capital on whatever he pleased, and elevated his own interests above those of investors.

According to the report:

The SEC’s order instituting a settled administrative proceeding also finds that Burrill Capital Management’s chief legal officer Victor A. Hebert and controller Helena C. Sen played integral roles in Burrill’s scheme. Hebert led investment committee meetings and agreed to call in additional capital from fund investors while knowing the money would be spent on expenses unrelated to the fund. Burrill and Sen on at least two instances delayed distribution of payments owed to fund investors so money could instead be used to continue paying Burrill’s personal expenses as well as the salaries of Hebert and Sen…

Burrill and his firm, Hebert, and Sen agreed to the settlements without admitting or denying the findings in the SEC’s order.  In addition to their industry bars, Burrill, a former audit partner, and Sen are permanently suspended from appearing and practicing before the SEC as accountants, which includes not participating in the financial reporting or audits of public companies.  Hebert is permanently suspended from appearing and practicing before the SEC as an attorney.

Hebert and Sen agreed to settle the charges by paying penalties of $185,000 and $90,000, respectively. They also are barred from the securities industry.