Assets under management Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Total AUM
Total Accounts
10Y AUM Change
Private Funds
Private funds reported by Gpb Capital Holdings, LLC
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Employee Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Total Employees
Clients per Employee
10Y Employee Change
Historical AUM and employee figures reflect available SEC Form ADV filings under this CRD. Filing gaps may reflect registration status changes, dormant periods, state registration periods, firm restructuring, or other reporting changes. Rialytix does not interpolate missing periods.
Ownership
Reported direct and indirect ownership ranges
Each range applies to a separate reported relationship and should not be added together.
Reported ownership ranges
Highlighted bands show the percentage range reported in Form ADV.
0%25%50%75%100%
DAVID CARMELO GENTILEDirect owner · Schedule AInterest in GPB CAPITAL HOLDINGS, LLC
75%+
Bars represent the reported range at that individual ownership step, not an estimated percentage of the advisory firm. Indirect relationships may refer to intermediate entities rather than directly to Gpb Capital Holdings, LLC.
No indirect ownership information reported in the source’s Schedule B.
Reported ownership and control details
Form ADV · Filing date 2026-03-31 · Schedules A and B
| # | Owner / person & role | Interest in entity | Reported interest | Control person | Title / status acquired | Source |
|---|---|---|---|---|---|---|
| 1 | DAVID CARMELO GENTILENON-MANAGEMENT OWNERIndividual | GPB CAPITAL HOLDINGS, LLC | 75% or moreCode E | No | NON-MANAGEMENT OWNER05/2014 | Schedule APDF page 26 |
| 2 | ROBERT EMMETT CHMIELCEO AND CHIEF FINANCIAL OFFICERIndividual | GPB CAPITAL HOLDINGS, LLC | Less than 5%Code NA | Yes | CEO AND CHIEF FINANCIAL OFFICER07/2021 | Schedule APDF page 26 |
| 3 | MICHAEL SCOTT EMANUELCCO AND GENERAL COUNSELIndividual | GPB CAPITAL HOLDINGS, LLC | Less than 5%Code NA | Yes | CCO AND GENERAL COUNSEL08/2020 | Schedule APDF page 26 |
| 4 | Joseph T Gardemal IIIRECEIVERIndividual | GPB CAPITAL HOLDINGS, LLC | Less than 5%Code NA | Yes | RECEIVER12/2024 | Schedule APDF page 26 |
Less than 5% may include zero. Code F identifies a role without specifying a percentage. Reported interests may overlap and may not include every owner. Total indirect ownership is not calculated.
Compliance & Disclosures
Filing dated 3/31/2026 4:58:03 PM
Responses were selected by the RIA in its filing. Questions are shortened for readability; “you” refers to the reporting firm, and some questions also cover advisory affiliates.
RIA or supervised-person involvementThe RIA reported that one or more events below involve the firm or its supervised persons.RIA responseYes
AFelonies2 Yes
In the past ten years, have you or any advisory affiliate:
- A1Been convicted of or pleaded guilty or no contest to a felony?Yes
- A2Been charged with a felony?Yes
BMisdemeanors1 Yes1 No
In the past ten years, have you or any advisory affiliate:
- B1Been convicted of or pleaded guilty or no contest to a misdemeanor involving investments, an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion?Yes
- B2Been charged with a misdemeanor of the kind listed above?No
CSEC or CFTC actions5 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?No
- C2Found you or an advisory affiliate violated SEC or CFTC regulations or statutes?No
- C3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- C4Entered an order against you or an advisory affiliate in connection with investment-related activity?No
- C5Imposed a civil money penalty on you or an advisory affiliate, or ordered you or an advisory affiliate to cease and desist from any activity?No
DOther regulatory actions5 Yes
Has any other federal regulatory agency, state regulatory agency, or foreign financial regulatory authority ever:
- D1Found you or an advisory affiliate made a false statement or omission, or was dishonest, unfair, or unethical?Yes
- D2Found you or an advisory affiliate violated investment-related regulations or statutes?Yes
- D3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?Yes
- D4In the past ten years, entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- D5Denied, suspended, or revoked your or an advisory affiliate’s registration or license, or otherwise prevented association with an investment-related business or restricted activities?Yes
ESelf-regulatory organization actions4 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?No
- E2Found you or an advisory affiliate violated its rules, other than a violation designated as a minor rule violation under an SEC-approved plan?No
- E3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- E4Disciplined you or an advisory affiliate by expulsion, suspension, barring association with other members, or otherwise restricting activities?No
FProfessional authorizations1 No
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?No
GPending regulatory proceedings1 Yes
- GAre you or any advisory affiliate now the subject of a regulatory proceeding that could result in a “Yes” answer to any part of C, D, or E?Yes
HCivil judicial actions and proceedings1 Yes3 No
(1) Court actions
Has a domestic or foreign court:
- H(1)(a)In the past ten years, enjoined you or an advisory affiliate in connection with investment-related activity?No
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?No
- H(1)(c)Dismissed, pursuant to a settlement agreement, an investment-related civil action brought against you or an advisory affiliate by a state or foreign financial regulatory authority?No
(2) Pending civil proceedings
- H(2)Are you or any advisory affiliate now the subject of a civil proceeding that could result in a “Yes” answer to any part of H(1)?Yes
Additional DRP filings 12 source blocks
Verbatim excerpts from supporting DRP filings, which may concern the firm or advisory affiliates. Amounts retain their filed labels; no total or attribution is inferred.
criminal · block 1PDF pages 28–29
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.A. or
11.B. of Form ADV.
Criminal
Check item(s) being responded to:
11.A(1)
11.A(2)
11.B(1)
11.B(2)
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
Multiple counts of the same charge arising out of the same event(s) should be reported on the same DRP. Unrelated criminal actions, including separate
cases arising out of the same event, must be reported on separate DRPs. Use this DRP to report all charges arising out of the same event. One event may
result in more than one affirmative answer to the items listed above.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
6763402
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
Gentile, David, Carmelo
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. If charge(s) were brought against an organization over which you or an advisory affiliate exercise(d) control: Enter organization name, whether or not
the organization was an investment-related business and your or the advisory affiliate's position, title, or relationship.
2.
Formal Charge(s) were brought in: (include name of Federal, Military, State or Foreign Court, Location of Court - City or County and State or Country,
Docket/Case number).
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, DKT. NO. 1:2021:CR00054
3.
Event Disclosure Detail (Use this for both organizational and individual charges.)
A. Date First Charged (MM/DD/YYYY):
01/29/2021
Exact
Explanation
If not exact, provide explanation:
B.
Event Disclosure Detail (include Charge(s)/Charge Description(s), and for each charge provide: (1) number of counts, (2) felony or misdemeanor,
(3) plea for each charge, and (4) product type if charge is investment-related).
DAVID GENTILE, JEFFRY SCHNEIDER AND JEFFREY LASH WERE INDICTED BY THE U.S. DEPARTMENT OF JUSTICE IN A FIVE COUNT INDICTMENT ON
THE FOLLOWING CHARGES: CONSPIRACY TO COMMIT SECURITIES FRAUD (FELONY), CONSPIRACY TO COMMIT WIRE FRAUD (FELONY),
SECURITIES FRAUD (FELONY), AND TWO COUNTS OF WIRE FRAUD (FELONY) (THE "CRIMINAL INDICTMENT").
C.
Did any of the Charge(s) within the Event involve a felony?
Yes
No
D.
Current status of the Event?
Pending
On Appeal
Final
E.
Event Status Date (complete unless status is Pending) (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
4.
Disposition Disclosure Detail:
Include for each charge (a) Disposition Type (e.g., convicted, acquitted, dismissed, pretrial, etc.), (b) Date, (c) Sentence/Penalty, (d) Duration (if
sentence - suspension, probation, etc.), (e) Start Date of Penalty, (f) Penalty/Fine Amount, and (g) Date Paid.
5.
Provide a brief summary of circumstances leading to the charge(s) as well as the disposition. Include the relevant dates when the conduct which was
the subject of the charge(s) occurred. (Your response must fit within the space provided.)
DAVID GENTILE, JEFFRY SCHNEIDER AND JEFFREY LASH WERE INDICTED ON JANUARY 29, 2021. MR. GENTILE SERVED AS MANAGER AND CEO OF GPB
CAPITAL HOLDINGS, LLC ("GPB"), A REGISTERED INVESTMENT ADVISOR MANAGING MULTIPLE POOLED INVESTMENT VEHICLES. MR. GENTILE IS
CHARGED WITH CONSPIRACY TO COMMIT WIRE FRAUD, WIRE FRAUD, CONSPIRACY TO COMMIT SECURITIES FRAUD, AND SECURITIES FRAUD. THE U.S.
ATTORNEY'S OFFICE ALLEGED THAT MR.GENTILE TOGETHER WITH OTHERS ENGAGED IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE
INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES AND USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR
THEIR OWN PERSONAL BENEFIT FROM 2014-2018. JEFFREY LASH PLEAD GUILTY TO CERTAIN COUNTS. DAVID GENTILE AND JEFFREY SCHNEIDER WERE
FOUND GUILTY ON ALL COUNTS ON AUGUST 2, 2024. ON MAY 9, 2025, JUDGE RACHEL P. KOVNER SENTENCED GENTILE AND SCHNEIDER PRINCIPALLY
TO SEVEN YEARS IN PRISON AND SIX YEARS IN PRISON, RESPECTIVELY. ON NOVEMBER 14, 2025, GENTILE SURRENDERED TO THE BUREAU OF PRISONS
TO SERVE HIS SENTENCE. HOWEVER, ON NOVEMBER 26, 2025, PRESIDENT DONALD J. TRUMP ISSUED AN EXECUTIVE GRANT OF CLEMENCY, WHICH
RESULTED IN A COMMUTATION OF GENTILE'S SENTENCE WITH "[N]O FURTHER FINES, RESTITUTION, PROBATION, OR OTHER CONDITIONS." ON
JANUARY 14, 2026, SCHNIEDER SURRENDERED TO THE BUREAU OF PRISONS TO SERVE HIS SENTENCE. GPB WAS NOT NAMED AS A DEFENDANT IN THIS
ACTION.criminal · block 2PDF pages 29–30
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.A. or 11.B. of Form ADV. Criminal Check item(s) being responded to: 11.A(1) 11.A(2) 11.B(1) 11.B(2) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. Multiple counts of the same charge arising out of the same event(s) should be reported on the same DRP. Unrelated criminal actions, including separate cases arising out of the same event, must be reported on separate DRPs. Use this DRP to report all charges arising out of the same event. One event may result in more than one affirmative answer to the items listed above. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 1302783 This advisory affiliate is a Firm an Individual Registered: Yes No Name: COHN, MICHAEL, STEVEN (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. If charge(s) were brought against an organization over which you or an advisory affiliate exercise(d) control: Enter organization name, whether or not the organization was an investment-related business and your or the advisory affiliate's position, title, or relationship. 2. Formal Charge(s) were brought in: (include name of Federal, Military, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case number). UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, DKT. NO. 2:19-CR-00097-GRB 3. Event Disclosure Detail (Use this for both organizational and individual charges.) A. Date First Charged (MM/DD/YYYY): 02/26/2019 Exact Explanation If not exact, provide explanation: B. Event Disclosure Detail (include Charge(s)/Charge Description(s), and for each charge provide: (1) number of counts, (2) felony or misdemeanor, (3) plea for each charge, and (4) product type if charge is investment-related). MR. COHN WAS CHARGED BY THE U.S. DEPARTMENT OF JUSTICE IN A FOUR COUNT INDICTMENT WITH OBSTRUCTION OF JUSTICE (FELONY), UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FELONY), THEFT OF PUBLIC PROPERTY (FELONY), AND OBTAINING INFORMATION FROM A GOVERNMENT COMPUTER (FELONY). C. Did any of the Charge(s) within the Event involve a felony? Yes No D. Current status of the Event? Pending On Appeal Final E. Event Status Date (complete unless status is Pending) (MM/DD/YYYY): 03/24/2021 Exact Explanation If not exact, provide explanation: 4. Disposition Disclosure Detail: Include for each charge (a) Disposition Type (e.g., convicted, acquitted, dismissed, pretrial, etc.), (b) Date, (c) Sentence/Penalty, (d) Duration (if sentence - suspension, probation, etc.), (e) Start Date of Penalty, (f) Penalty/Fine Amount, and (g) Date Paid. ON SEPTEMBER 8, 2020, MR. COHN PLED GUILTY TO A MISDEMEANOR CHARGING HIM WITH THEFT OF GOVERNMENT PROPERTY WITH A VALUE OF LESS THAN $1,000. ALL OTHER CHARGES WERE DROPPED. MR. COHN WAS SENTENCED ON MARCH 24, 2021 TO 9 MONTHS HOME CONFINEMENT. 5. Provide a brief summary of circumstances leading to the charge(s) as well as the disposition. Include the relevant dates when the conduct which was the subject of the charge(s) occurred. (Your response must fit within the space provided.) A SUPERSEDING INDICTMENT WAS FILED ON JULY 15, 2020 CHARGING MR. COHN WITH ONE COUNT OF OBSTRUCTION OF JUSTICE, ONE COUNT OF OBTAINING INFORMATION FROM A GOVERNMENT COMPUTER, AND ONE COUNT OF UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION. ON SEPTEMBER 8, 2020, MR. COHN PLED GUILTY TO A MISDEMEANOR CHARGING HIM WITH THEFT OF GOVERNMENT PROPERTY WITH A VALUE OF LESS THAN $1,000. ALL OTHER CHARGES WERE DROPPED. MR. COHN WAS SENTENCED ON MARCH 24, 2021 TO NINE MONTHS HOME CONFINEMENT.
regulatory · block 1PDF pages 30–32
- Regulator name — filed text
- MASSACHUSETTS SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Action status / disposition — filed text
ON MAY 27, 2020, MASSACHUSETTS FILED AN ADMINISTRATIVE COMPLAINT TO COMMENCE AN ADJUDICATORY PROCEEDING AGAINST GPB FOR ALLEGED VIOLATIONS OF MASSACHUSETTS UNIFORM SECURITIES ACT AND THE REGULATIONS PROMULGATED THEREUNDER. THE ADMINISTRATIVE COMPLAINT ALLEGED THAT GPB MADE FALSE AND MISLEADING STATEMENTS AND OMITTED MATERIAL FACTS IN CONNECTION WITH THE OFFER AND SALE OF CERTAIN INTERESTS IN THE POOLED INVESTMENT VEHICLES MANAGED BY GPB.
Other filed details
Description of allegations — filed text
ON MAY 27, 2020, THE ENFORCEMENT SECTION OF THE MASSACHUSETTS SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH ("MASSACHUSETTS") FILED AN ADMINISTRATIVE COMPLAINT TO COMMENCE AN ADJUDICATORY PROCEEDING AGAINST GPB FOR VIOLATIONS OF THE MASSACHUSETTS UNIFORM SECURITIES ACT AND THE REGULATIONS PROMULGATED THEREUNDER. THE ADMINISTRATIVE COMPLAINT ALLEGED THAT GPB MADE FALSE AND MISLEADING STATEMENTS AND OMITTED MATERIAL FACTS IN CONNECTION WITH THE OFFER AND SALE OF INTERESTS IN THE POOLED INVESMENT VEHICLES MANAGED BY GPB, INCLUDING GPB HOLDINGS, LP; GPB AUTOMOTIVE PORTFOLIO, LP; GPB HOLDINGS II, LP; GPB WASTE MANAGEMENT, LP; AND GPB NYC DEVELOPMENT, LP.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MASSACHUSETTS SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH
2.
Principal Sanction:
Bar
Other Sanctions:
THE RELIEF SOUGHT BY MASSACHUSETTS IS BOTH MONETARY (I.E., ADMINISTRATIVE FINES AND POTENTIAL DISGORGEMENT OF PROFITS AND
COMPENSATION) AND ADMINISTRATIVE (I.E., SEEKING TO BAR GPB FROM REGISTERING WITH INVESTMENT ADVISORS IN MASSACHUSETTS).
3.
Date Initiated (MM/DD/YYYY):
05/27/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
E20180100
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Direct Investment(s) - DPP & LP Interest(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MAY 27, 2020, THE ENFORCEMENT SECTION OF THE MASSACHUSETTS SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF THE
COMMONWEALTH ("MASSACHUSETTS") FILED AN ADMINISTRATIVE COMPLAINT TO COMMENCE AN ADJUDICATORY PROCEEDING AGAINST GPB FOR
VIOLATIONS OF THE MASSACHUSETTS UNIFORM SECURITIES ACT AND THE REGULATIONS PROMULGATED THEREUNDER. THE ADMINISTRATIVE
COMPLAINT ALLEGED THAT GPB MADE FALSE AND MISLEADING STATEMENTS AND OMITTED MATERIAL FACTS IN CONNECTION WITH THE OFFER AND
SALE OF INTERESTS IN THE POOLED INVESMENT VEHICLES MANAGED BY GPB, INCLUDING GPB HOLDINGS, LP; GPB AUTOMOTIVE PORTFOLIO, LP; GPB
HOLDINGS II, LP; GPB WASTE MANAGEMENT, LP; AND GPB NYC DEVELOPMENT, LP.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
11. Resolution Date (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MAY 27, 2020, MASSACHUSETTS FILED AN ADMINISTRATIVE COMPLAINT TO COMMENCE AN ADJUDICATORY PROCEEDING AGAINST GPB FOR
ALLEGED VIOLATIONS OF MASSACHUSETTS UNIFORM SECURITIES ACT AND THE REGULATIONS PROMULGATED THEREUNDER. THE ADMINISTRATIVE
COMPLAINT ALLEGED THAT GPB MADE FALSE AND MISLEADING STATEMENTS AND OMITTED MATERIAL FACTS IN CONNECTION WITH THE OFFER AND
SALE OF CERTAIN INTERESTS IN THE POOLED INVESTMENT VEHICLES MANAGED BY GPB.regulatory · block 2PDF pages 32–34
- Regulator name — filed text
- STATE OF MISSOURI OFFICE OF THE SECRETARY OF STATE
Action status / disposition — filed text
MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF MISSOURI SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE MADE MATERIAL MISSTATEMENTS OF FACT AND/OR OMITTED TO MAKE A STATEMENT OF MATERIAL FACTS IMPORTANT AND RELEVANT TO THE POOLED INVESTMENT VEHICLES. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.
Other filed details
Description of allegations — filed text
MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF MISSOURI SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING ALLEGING 255 VIOLATIONS OF SECTION 409.4-412 AND 255 VIOLATIONS OF SECTION 409.5-502 OF THE MISSOURI SECURITIES ACT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF MISSOURI OFFICE OF THE SECRETARY OF STATE 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: BAR; CEASE AND DESIST; DISGORGEMENT; OTHER SANCTIONS. 3. Date Initiated (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: AP-21-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): GPB CAPITAL HOLDINGS, LLC 6. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF MISSOURI SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING ALLEGING 255 VIOLATIONS OF SECTION 409.4-412 AND 255 VIOLATIONS OF SECTION 409.5-502 OF THE MISSOURI SECURITIES ACT. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF MISSOURI SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE MADE MATERIAL MISSTATEMENTS OF FACT AND/OR OMITTED TO MAKE A STATEMENT OF MATERIAL FACTS IMPORTANT AND RELEVANT TO THE POOLED INVESTMENT VEHICLES. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.
regulatory · block 3PDF pages 34–36
- Regulator name — filed text
- STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT
Action status / disposition — filed text
MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF ILLINOIS SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR PERSONAL BENEFIT FROM 2013-2018.
Other filed details
Description of allegations — filed text
MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF ILLINOIS SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING FOR ALLEGEDLY EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE OR MATERIALLY MISLEADING STATEMENTS OF FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS, IN LIGHT OF THE CIRCUMSTANCES, NOT MISLEADING AND ENGAGING IN THE PRACTICE OR COURSE OF BUSINESS WHICH OPERATES AS A FRAUD.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: BAR 3. Date Initiated (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2000838 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): GPB CAPITAL HOLDINGS, LLC 6. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF ILLINOIS SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING FOR ALLEGEDLY EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE OR MATERIALLY MISLEADING STATEMENTS OF FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS, IN LIGHT OF THE CIRCUMSTANCES, NOT MISLEADING AND ENGAGING IN THE PRACTICE OR COURSE OF BUSINESS WHICH OPERATES AS A FRAUD. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF ILLINOIS SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR PERSONAL BENEFIT FROM 2013-2018.
regulatory · block 4PDF pages 36–38
- Regulator name — filed text
- SECURITIES COMMISSIONER OF THE STATE OF SOUTH CAROLINA
Action status / disposition — filed text
MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF SOUTH CAROLINA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE MADE MATERIAL MISREPRESENTATIONS OF FACT AND/OR OMITTED TO MAKE A STATEMENT OF MATERIAL FACT IN LIGHT OF THE STATEMENTS MADE TO INVESTORS. FURTHER, MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.
Other filed details
Description of allegations — filed text
MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF SOUTH CAROLINA SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING ALLEGING VIOLATIONS OF SOUTH CAROLINA CODE ANN. SECTIONS 35-1-501(1), 35-L-604(D), 35-1-501(2) AND 35-L-604(A)(L).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES COMMISSIONER OF THE STATE OF SOUTH CAROLINA 2. Principal Sanction: Bar Other Sanctions: CEASE AND DESIST; REVOCATION. 3. Date Initiated (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20202719 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): GPB CAPITAL HOLDINGS, LLC 6. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF SOUTH CAROLINA SECURITIES LAWS IN AN ADMINISTRATIVE PROCEEDING ALLEGING VIOLATIONS OF SOUTH CAROLINA CODE ANN. SECTIONS 35-1-501(1), 35-L-604(D), 35-1-501(2) AND 35-L-604(A)(L). 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: pp g y pp ( ) pp If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF SOUTH CAROLINA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE MADE MATERIAL MISREPRESENTATIONS OF FACT AND/OR OMITTED TO MAKE A STATEMENT OF MATERIAL FACT IN LIGHT OF THE STATEMENTS MADE TO INVESTORS. FURTHER, MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE USED THE REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.
Show 6 more source blocks
regulatory · block 5PDF pages 38–40
- Regulator name — filed text
- COMMISSIONER OF SECURITIES OF THE STATE OF GEORGIA
Action status / disposition — filed text
MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE VIOLATED GEORGIA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.
Other filed details
Description of allegations — filed text
MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF GEORGIA SECURITIES LAWS IN A REGULATORY PROCEEDING ALLEGING THAT MR. GENTILE, GPB AND AFFILIATES ENGAGED IN EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS MADE NOT MISLEADING, AND FURTHER ENGAGING IN ANY PRACTICE OR COURSE OF BUSINESS WHICH OPERATES AS A FRAUD.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) COMMISSIONER OF SECURITIES OF THE STATE OF GEORGIA 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: BAR; CEASE AND DESIST. 3. Date Initiated (MM/DD/YYYY): 02/03/2021 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: ENSC-200879 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): GPB CAPITAL HOLDINGS, LLC 6. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF GEORGIA SECURITIES LAWS IN A REGULATORY PROCEEDING ALLEGING THAT MR. GENTILE, GPB AND AFFILIATES ENGAGED IN EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS MADE NOT MISLEADING, AND FURTHER ENGAGING IN ANY PRACTICE OR COURSE OF BUSINESS WHICH OPERATES AS A FRAUD. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE ALLEGED TO HAVE VIOLATED GEORGIA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2013-2018.
regulatory · block 6ASCENDANT ALTERNATIVE STRATEGIES, LLCPDF pages 40–42
- Advisory affiliate name — filed text
- ASCENDANT ALTERNATIVE STRATEGIES, LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 283881 This advisory affiliate is a Firm an Individual Registered: Yes No Name: ASCENDANT ALTERNATIVE STRATEGIES, LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
civil judicial · block 1PDF pages 42–44
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GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Disgorgement Other Relief Sought: CIVIL PENALTY(IES)/FINE; INJUNCTION; OTHER RELIEF AS THE COURT DEEMS JUST AND PROPER. 3. Filing Date of Court Action (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, DKT. NO. L:21-CV-00583. 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): GPB CAPITAL HOLDINGS, LLC 7. Describe the allegations related to this civil action (your response must fit within the space provided): MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF FEDERAL SECURITIES LAWS IN A NINE COUNT CIVIL COMPLAINT FOR AIDING AND ABETTING VIOLATIONS OF 17(A) OF THE SECURITIES ACT, AIDING AND ABETTING VIOLATIONS OF SECTION 10(B) OF THE EXCHANGE ACT AND RULE 10B-5, VIOLATION OF SECTIONS 206(1) AND (2) OF THE ADVISERS ACT, VIOLATION OF SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-2, VIOLATION OF SECTION 12(G) OF THE EXCHANGE ACT, VIOLATION OF SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-7, AND VIOLATION OF SECTION 21F OF THE EXCHANGE ACT AND RULE 21F-17(A). 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: 12. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF FEDERAL SECURITIES LAWS IN A NINE COUNT CIVIL COMPLAINT ALLEGING THAT THE DEFENDANTS ENGAGED IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB AND MAKING MATERIALLY FALSE AND MISLEADING STATEMENTS AND/OR OMITTING TO STATE MATERIAL FACTS TO INVESTORS. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT FROM 2014-2018.
civil judicial · block 2PDF pages 44–46
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) GURBIR S. GREWAL (ATTORNEY GENERAL FOR STATE OF NEW JERSEY), CHRISTOPHER W. GEROLD (CHIEF OF NEW JERSEY BUREAU OF SECURITIES). 2. Principal Relief Sought: Money Damages (Private/Civil Complaint) Other Relief Sought: CIVIL PENALTY(IES)/FINE(S); INJUNCTION; RESTITUTION. 3. Filing Date of Court Action (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION: GENERAL EQUITY, ESSEX COUNTY, DKT. NO. C-000019-21. 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): GPB CAPITAL HOLDINGS, LLC 7. Describe the allegations related to this civil action (your response must fit within the space provided): MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW JERSEY SECURITIES LAWS IN A THREE COUNT CIVIL COMPLAINT FOR EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF A MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH THEY ARE MADE, NOT MISLEADING, AND ENGAGING IN ANY PRACTICE, OR COURSE OF BUSINESS WHICH OPERATES OR WOULD OPERATE AS A FRAUD OR DECEIT UPON ANY PERSON. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: 12. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW JERSEY SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT 2014-2018.
civil judicial · block 3PDF pages 46–48
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK. 2. Principal Relief Sought: Disgorgement Other Relief Sought: INJUCTION; RESTITUTION; AN ACCOUNTING BY THE DEFENDANTS FOR THE DISPOSITION OF ALL INVESTOR FUNDS. 3. Filing Date of Court Action (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK, DKT. NO. 450287/2021 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): GPB CAPITAL HOLDINGS, LLC 7. Describe the allegations related to this civil action (your response must fit within the space provided): DAVID GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW YORK SECURITIES LAWS IN A FIVE COUNT CIVIL COMPLAINT FOR SECURITIES FRAUD UNDER THE MARTIN ACT, PERSISTENT FRAUD AND ILLEGALITY UNDER EXECUTIVE LAW SECTION 63(12), BREACH OF FIDUCIARY DUTY, AND INDUCEMENT AND PARTICIPATION IN A BREACH OF FIDUCIARY DUTY. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: 12. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF NEW YORK SECURITIES LAWS AND BREACH OF FIDUCIARY DUTY FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO THE POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT A FROM 2013-2018.
civil judicial · block 4PDF pages 48–50
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 6763402 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Gentile, David, Carmelo (For individuals, Last, First, Middle) CRD Number: 169825 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GPB CAPITAL HOLDINGS, LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) ALABAMA SECURITIES COMMISSION, BY AND THROUGH JOSEPH P. BORG, IN HIS CAPACITY AS DIRECTOR. 2. Principal Relief Sought: Money Damages (Private/Civil Complaint) Other Relief Sought: CIVIL PENALTY(IES)/FINE(S); INJUNCTION; RESTITUTION. 3. Filing Date of Court Action (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: POOLED INVESTMENT VEHICLES 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): CIRCUIT COURT OF MADISON COUNTY, STATE OF ALABAMA 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): GPB CAPITAL HOLDINGS, LLC 7. Describe the allegations related to this civil action (your response must fit within the space provided): MR. GENTILE, GPB AND CERTAIN AFFILIATES WERE CHARGED WITH VIOLATIONS OF ALABAMA SECURITIES LAWS IN A THREE COUNT CIVIL COMPLAINT FOR EMPLOYING A DEVICE, SCHEME OR ARTIFICE TO DEFRAUD INVESTORS, MAKING UNTRUE STATEMENTS OF A MATERIAL FACT OR OMITTING TO STATE A MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH THEY ARE MADE, NOT MISLEADING, AND ENGAGING IN ANY PRACTICE, OR COURSE OF BUSINESS WHICH OPERATES OR WOULD OPERATE AS A FRAUD OR DECEIT UPON ANY PERSON. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): 02/04/2021 Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: 12. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). MR. GENTILE, GPB AND AFFILIATES WERE CHARGED WITH VIOLATIONS OF ALABAMA SECURITIES LAWS FOR ALLEGEDLY ENGAGING IN A SCHEME TO DEFRAUD INVESTORS AND PROSPECTIVE INVESTORS WITH RESPECT TO POOLED INVESTMENT VEHICLES MANAGED BY GPB. FURTHER, MR. GENTILE, GPB AND THE NAMED AFFILIATES WERE ALLEGED TO HAVE USED REVENUE GENERATED BY THESE POOLED INVESTMENT VEHICLES FOR THEIR OWN PERSONAL BENEFIT 2014-2018.
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