FOLLOW US

In a stunning legal development, a Malta-based advisory firm controlled by embattled insurance tycoon Greg Lindberg has been found liable for violating the Investment Advisers Act of 1940, facilitating the misappropriation of $57 million in client funds. The ruling, issued Monday by U.S. District Judge Catherine C. Eagles in North Carolina, cements yet another blow to Lindberg’s already embattled empire.

A Trail of Fraud: SEC Exposes Deceptive Transactions

The U.S. Securities and Exchange Commission’s case, filed in August 2022, revealed how Standard Advisory Services Ltd. (SASL), helmed by Lindberg and executive Christopher Herwig, orchestrated complex financial schemes to funnel millions away from policyholders. The court noted that both Lindberg and Herwig had already admitted to fraudulent practices in separate consent judgments, reinforcing the firm’s liability.

"It is undisputed that Lindberg and Herwig were high-ranking agents of SASL," Judge Eagles ruled. "A limited liability company like SASL can only act through its officers and agents, and, consequently, the acts of its officers and agents constitute the acts of SASL under the basic principles of agency."

The Schemes That Shook an Industry

The SEC detailed two distinct fraudulent schemes. In the first, Lindberg—after acquiring full control of four North Carolina insurers—directed them to engage in a convoluted buy-and-sell cycle of their investments at inflated prices. This maneuver allowed Lindberg and Herwig to extract fraudulent profits from policyholder funds.

In the second scheme, Lindberg and Herwig advised Private Bankers Life & Annuity Co. to manipulate its balance sheet with dubious securities and repurchase agreements that violated insurance laws. This deceptive practice ultimately helped them pocket over $21.4 million in advisory fees from misled clients.

Guilty Pleas and Legal Consequences

The legal net has been tightening around Lindberg and his associates. Lindberg entered a plea deal in November, admitting to charges of deceiving North Carolina insurance regulators. Meanwhile, Herwig pleaded guilty in December 2022 to conspiracy charges tied to the repackaging of insurer investments. Additionally, Lindberg was convicted of bribery in May for attempting to sway North Carolina Insurance Commissioner Mike Causey through campaign contributions.

The SEC reached settlements with Herwig in July 2023 and Lindberg last week, barring both from future securities law violations and requiring them to pay disgorgement and civil penalties, though the amounts remain undetermined.

Uncontested Judgment Against SASL

Despite mounting evidence, SASL failed to respond to the SEC’s motion for summary judgment, filed in January. Judge Eagles emphasized that SASL had provided "no evidence that creates a disputed question of material fact as to SASL’s liability," nor had it challenged the SEC’s legal arguments.

What’s Next for Lindberg and SASL?

Lindberg’s attorney, Brandon McCarthy, framed the ruling as a move toward restitution for policyholders rather than government penalties. "We have already reached a positive resolution with the Department of Justice, and the SEC is following suit under the same terms," he stated. "Thus, the money will now go to the policyholders instead of the federal government. As that is Mr. Lindberg’s primary goal, we find that acceptable."

Representatives for the SEC and SASL have yet to comment on the ruling.

Legal Teams in the High-Stakes Case

The SEC is represented in-house by attorneys Alyssa A. Qualls and Kevin A. Wisniewski. Lindberg’s legal team includes Allison Mullins and L. Cooper Harrell of Turning Point Litigation, along with Ryan J. Meyer and Brandon McCarthy of Katten Muchin Rosenman LLP. Standard Advisory Services Ltd. is represented by Mark A. Jones and Alan M. Ruley of Bell Davis & Pitt PA, while Christopher Herwig is represented by Claire Rauscher of Womble Bond Dickinson.

With this latest ruling, Greg Lindberg’s legal woes continue to escalate, leaving policyholders and investors watching closely as the saga unfolds.