The U.S. Securities and Exchange Commission has charged Titan Global Capital Management over $1 million for violating the SEC’s new marketing rule. The New York-based RIA was charged with misrepresenting hypothetical performance metrics in advertising when it promoted a crypto investment strategy with returns as high as 2,700%. Hypothetical performance metrics are allowed under the new marketing rule but, the company failed to disclose to investors that the returns were based off a three-week projected return rather than the implied one-year return.
The SEC also charged the company with:
- Failure to obtain client signatures for certain transactions;
- Misleading client advisory agreements that contained hedge clauses and implied clients waived non-waivable causes of action against the company; and
- Failing to implement compliance policies and procedures regarding employee trading.