PE Firm Founder Pleads Guilty to $58 Million Manhattan Real Estate Fraud

Eric Malley induced more than 300 people to invest in purportedly debt-free luxury properties.


Eric Malley, the founder and former CEO of private equity investment firm MG Capital Management, has pleaded guilty to securities fraud for running a real estate investment scam that tricked 335 investors into forking over an estimated $58 million.

In 2014, Malley started a real estate investment fund called MG Capital Management Residential Fund III, and three years later he launched MG Capital Management Residential Fund IV. According to the allegations against Malley listed in court documents, he promised investors they would be able to own an equity interest in hundreds of income-producing luxury properties throughout Manhattan. He also boasted about having a debt-free investment strategy that was based on sophisticated proprietary analytics he had developed during his career in real estate.

In addition to telling investors that the funds were debt free, he also told them that the properties held by the fund were mainly leased to companies, which purportedly included a prominent tech company and a well-known university.

“Contrary to his claims that the funds were debt-free, Malley had in fact mortgaged multiple properties held by the funds,” according to the complaint. “And the vast majority of properties held by the funds were leased to individuals, rather than corporate tenants.”

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Malley also told investors that the fund’s predecessors, which he referred to as fund I and fund II, were extremely successful. However, as it turned out, the performance and even the existence of the first two funds “were largely fabricated,” the complaint said.

The US Attorney’s Office for the Southern District of New York said that while the funds lost millions of dollars, Malley distributed at least $278,000 to himself in his role as general partner in connection with Fund III, and did not disclose Fund IV’s losses until approximately two years after it launched.

“As Eric Malley has now admitted, he lied to his victims to induce them to invest approximately $58 million in his investment funds, promising victims they would reap the benefits of owning equity in Manhattan real estate and falsely touting his prior experience,” US Attorney for the Southern District of New York Audrey Strauss said in a statement. “Those lies continued for years, all while Malley enriched himself.”

Malley, 50, faces a maximum potential sentence of 20 years in prison for the one count of securities fraud. He is set to be sentenced in September.

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A Crypto Crackdown? Yardeni Sees One Coming

The economist joins numerous government leaders these days who want to regulate or ban the digital currency.


When hackers tied up the Colonial Pipeline for $4.4 million in ransom earlier this month, the company paid it—in Bitcoin. That move, to get its fuel moving again, has prompted a lot of rumbling about how the cryptocurrency should be more tightly regulated.

But economist Ed Yardeni thinks a lot of governments will agree to actually ban Bitcoin and its kin. He pointed to a recent study by a group called the Ransomware Task Force. The group, which major Silicon Valley firms back, recommended that crypto “be more closely regulated,” although it stopped short of saying exactly what path to take.

“I have to believe that the group considered recommending banning cryptocurrencies altogether but couldn’t agree to do something so radical,” economist Yardeni wrote on a LinkedIn post. “I will not be surprised if more governments do just that.”

A lot of baleful talk is surrounding crypto these days. The high level of suspicion about it in top government circles may well portend what Yardeni is talking about. Perhaps as a result, Bitcoin is down 40% from its April high.

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Turkey’s central bank has outright banned crypto, which it says is too volatile and makes recovering losses hard for investors. In India’s parliament, there’s a bill to prohibit the currency that stands a decent chance of passage; proponents say the digital denominations are a haven for illegal payments. In addition, some 10 other nations, including South Korea and Egypt, are eyeing similar strictures.

There’s talk that the US Treasury Department is thinking about cracking down on financial institutions that traffic in the digital currencies, suspicious that they are enabling money laundering. Both Treasury Secretary Janet Yellen and European Central Bank President Christine Lagarde have expressed dim views on crypto and its use by criminals. Bank of England Governor Andrew Bailey has stated that the cyber money has “no intrinsic value.” 

And the Internal Revenue Service (IRS) is seeking to find taxpayers who use the currency to evade what they owe Uncle Sam. In China, the regime has pledged to suppress Bitcoin mining, which it said enhances global warning due to the enormous amount of power that extracting the currency entails.

In a previous post, Yardeni wrote that: “I had been thinking of cryptocurrencies as ‘digital tulips,’ reminiscent of the 17th century tulip mania in Amsterdam that drove up tulip prices beyond reason. The difference is that cryptocurrencies are traded 24-by-7 around the world.”

After all, even Elon Musk has done a 180 on Bitcoin and its ilk.

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