As we recently posted, our firm has covered the failures concerning the sale and recommendation of Advanced Equities private placement since the SEC brought charges against the firm. We also represent numerous clients who have unfortunately invested in these products that were alleged to have been sold as “late-stage private equities” by First Allied Securities brokers among others.
Recently, FINRA fined Advanced Equities $250,000 concerning allegations that between approximately November 1, and December 1, 2011, AEI, failed to identify material information and correct omissions of material facts made by the issuer in connection with a private placement offering.
As a background, Fisker Auto was an American automobile maker that manufactured hybrid electric vehicles. Shares in the company were sold through limited liability companies to accredited investors. In or around September 2009, Fisker Auto obtained a “loan facility” in the approximate amount of $529 million, which was overseen by the United States Department of Energy (DOE). Under the terms of the loan facility agreement, Fisker Auto could seek reimbursement costs associated with the production of two cars if the company was in compliance with certain financial covenants and project milestones. Those covenants generally included milestones requiring that Fisker Auto to achieve a certain level of earnings, sell a particular number of automobiles, and complete certification requirements related to safety and environmental matters.