I'd bet on it. The SEC didn't create 34 pages of legalese, document 94 Facts of wrongdoing, define 8 Felony Counts of criminal behavior and request a jury trial just to kill time.
It doesn't matter what went through her mind, she is still guilty. She lost money, she took commissions she did not earn, she produced fraudulent statements and gave money to poor people that did not belong to her. While thumping her chest and saying....'look at me and how special I am'.
That is a lot of people involved in an investigation if they don't expect a guilty verdict..
http://www.sec.gov/litigation/litreleases/2016/lr23551.htm
https://www.sec.gov/litigation/complaints/2016/comp-pr2016-98.pdf
As much as I'd like to agree with you, if you review the 2015 enforcement results (see link below), Karen is not such a large fish when compared to other cases.
https://www.sec.gov/news/pressrelease/2015-245.html
"In the fiscal year that ended in September, the SEC filed 807 enforcement actions covering a wide range of misconduct, and
obtained orders totaling approximately $4.2 billion in disgorgement and penalties."
Let's take Karen's "ill-gotten gains" as a percentage of the SEC's total 2015 amount received in disgorgement and penalties.
According to the complaint, "Hope collected over $6 million in incentive fees, most which would not have been paid in the absence of the "Scheme Trades.""
So if the SEC collected the full $6 million worth of "ill-gotten gains" it would represent just 1% of what they collected in total during 2015.
Section 17(a)(1) of the Securities Act is apparently more severe than the remaining accusations against her, because it involves actions of scienter, or
intent.
It's been noted that the spreadsheet will probably serve as one of the prime pieces of evidence to prove she acted with intent in order to collect the fees.
Perhaps the only realistic defense is in paragraph 39 of the complaint where a portion of the PPM stated that "incentive allocations may be paid by the Fund
even though the fund is experiencing unrealized trading losses." It also states..."it is unlikely that the Investment Adviser will be able to defer realization of losses on positions for any extended periods of time."
I doubt paragraph 39 gets her a pass. However, I don't see it going to a grand jury for a criminal prosecution. There is one part of the SEC complaint I read that seems quite damaging. It's where it says she "made use of the means or instrumentalities of interstate commerce, of the mails, and/or of the means and instruments of transportation or communication in interstate commerce."
Maybe that gets her noticed for a wire fraud/mail fraud charge by the feds? Who knows the outcome. It will be interesting to see how it plays out.
Ok, since you want a bet, let's do it. I'll bet she will settle and pay fines, disgorge a large chunk of her fees, and will not be allowed to register ever again. If she's already made millions
prior to engaging in the "Scheme Trades" then it's likely she makes them an offer before the jury trial is scheduled, and hence no jury verdict.
Besides, it was "Investor A" described in the SEC complaint who took a large chunk of the losses. "In the
summer of 2015, Hope caused the HDB Fund to realize the losses." "This resulted in more than a
$30 million decrease in the capital account of Investor A."
YET, then "Investor A"
in March 2016 puts $65 million of his remaining money into the HI Fund! You'd have to be crazy to lose $30 million with an advisor and STILL trust the advisor with another $65 million to manage. Maybe it's her lover, and indeed "Investor A" is crazy...crazy in love, lol!