SEC Accuses Firm of Marketing Rule Violations, Failing to Register

The SEC

The Securities and Exchange Commission has accused Black Dragon Investment Management, its CEO and a related business with failing to register as investment advisors and with violating the commission’s marketing rule by posting misleading performance data.

Black Dragon and CEO Louis Hernandez Jr. have agreed, without admitting or denying the allegations and subject to court approval, to pay civil penalties and to be permanently enjoined from violating the charged provisions of U.S. securities laws, the SEC announced Tuesday.

The SEC’s complaint, filed the same day, alleges that from at least December 2021 to March 2024, Florida-based Black Dragon and Hernandez improperly failed to register as investment advisors with the U.S. agency.

The SEC also alleges that the defendants provided misleading performance information in the firm’s marketing materials and on its website, and failed to maintain certain related books and records, among other violations.

The civil complaint, filed in U.S. District Court for the Southern District of Florida, charges Black Dragon and Hernandez with violating various Advisers Act provisions.

Neither the firm nor Hernandez immediately responded to LinkedIn messages nor to a request for comment sent in a form on Black Dragon’s website.

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