Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

F-Squared Filing for Bankruptcy

Author: Joel R. Glucksman

Date: August 4, 2015

Key Contacts

Back

Last week, F-Squared, one of the fastest growing investment firms in the U.S.

Last week, F-Squared, one of the fastest growing investment firms in the U.S., announced plans to file for Chapter 11 bankruptcy protection. The announcement of F-Squared filing for bankruptcy came several months after settling a $35 million fraud charge for reporting false performance figures of its AlphaSector index.

F-Squared plummets into insolvency

F-Squared became popular with financial advisors as an exchange-traded fund manager for its AlphaSector Premium Index, which enabled it to attract $28 billion in assets in 2014. Rising from a non-entity in 2008 to become the No. 2 ETF strategist in the U.S. in 2015, the firm became the face of the ETF sector with claims that its proprietary rules-based strategy could circumvent market volatility, according to Morningstar. This strategy became particularly appealing following the financial crisis, which led to the firm’s rapid growth. F-Squared claimed that its AlphaSector strategy had seven years of success from 2001 to 2008, but these claims were later discovered to be fraudulent miscalculations to inflate their metrics.

As a result, the firm was charged in November with falsifying reports of its AlphaSector Index performance in its marketing materials, resulting in a $5 million fine to the SEC and $30 million reimbursement to clients. The SEC also charged co-founder and former CEO Howard Present for making false claims and misleading statements to investors. These events triggered a series of major setbacks for the firm, including contract terminations from their most aggressive promoters, including Virtus Investment Partners.

Virtus decided to drop F-Squared as a manager of five of its products, resulting in $5.7 billion in assets lost. The firm then saw an additional $8 billion in asset declines for its ETF strategies as mutual-fund distribution partners and financial advisors began to cut the firm’s AlphaSector products.

Following the series of setbacks, F-Squared was forced to reduce its workforce by 25 percent, including cuts in its executive ranks. Currently, F-Squared still owes Present $2 million as the firm’s largest creditor, with an additional $827,328 in legal fees and $115,537 in employee backpayments.

F-Squared sale

After filing for Chapter 11 bankruptcy protection, F-Squared announced its asset sale to Good Harbor Financial. In accordance with the terms, Good Harbor will acquire F-Squared’s intellectual property, investment strategies, and investment management contracts. Although the terms of the agreement were not publicly disclosed, Good Harbor did confirm that F-Squared CEO Laura Dagan will be replaced, with further downsizing expected for several of the remaining 121 F-Squared personnel. The deal is expected to be completed within 45 days.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!