Charles J Dushek Federal Case Matters of SEC and DOJ Charges Were Dismissed by Federal Judge Virginia Kendall at Final Hearing on December 16, 2020

The Cases were commenced against me, basis untrue testimony by 2 rogue employees of Capital Management Associates Inc (CMA), who had designs and intent to cause regulatory trouble for me as owner of CMA in 2012, to damage my professional reputation, and then lure the clients over to their new investment advisory firm, that they had established 6 months earlier, when they were employed by CMA.

Summary of 2 Federal Regulatory Cases Against Charles J Dushek by the SEC in 2012 and by the DOJ in 2016. These Cases were Officially Dismissed in Federal Court by Federal Judge Virginia Kendall at a Final Hearing on December 16, 2020.  The Cases were Dismissed as being Unfounded, Basis Erroneous Prosecution Evidence used by both the SEC and DOJ.


The Federal Court Dismissal Document is displayed below:

 

 


The facts of the cases are as follows: 

I had personally managed the investments of a small group of 37 clients out of a total of 400 client accounts for 4 years, between 2008 and 2012. These 37 CMA client accounts held portfolios of stocks and bonds.  During this 4 year period, these client accounts earned 12.5% average realized capital gains across their accounts.  Plus, the 37 client accounts earned investment income of 3-4% per year for 4 years from dividends and bond interest.  The Total Return on the accounts was 12.5% capital gains and 12-16% income gains, totaling 24-29%.  Whereas, for the same 4 year time period, the S&P 500 Major Market Stock index was Unchanged in its value at 1,300 in 2008 and at 1,300 in 2012.

This defensive evidence was suppressed or ignored by the prosecutors, from 2012 onwards until December 2020.  I traded in common stocks on a short-term basis for my personal account, which were not the same as the stocks held in client accounts.

The 37 clients made gains that sigificanly exceeded the S&P 500 Index Returns, and I made money from my personal account trading.  Therefore, in fact, there was no financial harm done to any of the 37 client accounts, as discovered by the Federal Judge at Final Hearing.

These fallacious case matters brought by 2 US Federal Agencies caused me great emotional and financial distress from 2012, througout the 8 years of proceedings, that culminated in the case dismissals by Federal Judge Vrginia Kendall on December 16, 2020.




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