SEC Settles with ‘Frack Master’ over Securities Fraud Charges

Christopher Faulkner is ordered to pay more than $25 million in disgorgement and fines.

The SEC has settled securities fraud charges with self-proclaimed “Frack Master” Christopher Faulkner in connection with a securities fraud scheme that raked in more than $80 million from hundreds of investors.

Faulkner will serve 12 years in federal prison for securities fraud, money laundering, and tax evasion, and was ordered to disgorge $23.1 million plus pay another $1.9 million in prejudgment interest for a total of more than $25 million. 

According to the SEC’s June 2016 complaint, Faulkner systemically deceived investors by disseminating false and misleading offering materials, misappropriating millions of dollars of investor funds, and manipulating the stock of Breitling Energy Corp. (BECC), a publicly traded company Faulkner controlled. 

The SEC alleged that Faulkner misappropriated at least $30 million of investor funds for personal expenses, which included cars, jewelry, gentlemen’s clubs, personal escorts, lavish meals, entertainment, and international travel.

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Faulkner promoted himself on TV and radio appearances as an expert in “fracking” or hydraulic fracturing, which is the process of drilling and injecting fluid into the ground at a high pressure to fracture shale rocks in order to release natural gas.

Faulkner even wrote a book that was published in 2014 called “The Fracking Truth,” in which he touted himself as the “Frack Master.” However, the SEC said he was no expert on the subject, and that his exposure to the oil and gas industry was limited to running a website data hosting company that had oil and gas companies as clients.

“Faulkner first proclaimed himself the ‘Frack Master’ in order to deceive investors about his expertise and steal millions of dollars to fund his lifestyle,” said Shamoil Shipchandler, director of the SEC’s Fort Worth Regional Office. “Today’s serious civil and criminal sanctions serve as a warning to anyone who intends to target retail investors.”

The SEC said Faulkner started the scheme in 2011 through privately held Breitling Oil and Gas Corp., which offered and sold “turnkey” oil and gas working interests to investors using a team of cold callers. As part of the offerings, Faulkner lied to investors about his experience, the drilling-cost estimates for the prospects, and the use of their invested funds.

The SEC also charged 11 other individuals and entities for their roles in the misconduct and has reached settlements with most of them.

Under the agreed final judgment, which has been approved by the court, Faulkner is also permanently enjoined from violating various provisions of the federal securities laws and from participating in any unregistered securities transactions and is barred from serving as an officer or director of any SEC-reporting company, and from participating in any offering of a penny stock.

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Canada Pension Plan Focuses on Board Gender Composition

Pension says companies with diverse boards perform better financially.

The Canada Pension Plan Investment Board (CPPIB) said it is increasing its focus on strengthening corporate governance, with an emphasis on improving the gender composition of the board of directors of companies it invests in.

“It’s crucial for companies in which we invest capital to assemble boards that reflect the full range of talent available,” Mark Machin, CEO of CPPIB, said in a release. “If companies don’t take the required action to achieve the board effectiveness that today’s business environment requires, it falls to investors to provide a nudge, and when necessary, a push.”

In its most recent report on sustainable investing, CPPIB added board effectiveness as a fifth focus area, along with climate change, water, human rights, and executive compensation. The change is intended to help CPPIB better identify and address issues such as gender diversity. The report also said that during 2017, CPPIB voted on measures at shareholder meetings for 45 Canadian companies with no female directors to demonstrate the organization’s desire for improved diversity. It said that one year later, nearly half of the businesses had appointed at least one woman to their boards.

“CPPIB believes companies with diverse boards are more likely to achieve superior financial performance,” said the company, citing research from Credit Suisse and Catalyst Inc. that have shown that companies with a higher representation of women reported higher returns.

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According to 2020 Women on Boards, a non-profit organization created to increase the inclusion of women on company boards, women now hold 20.8% of the board seats among the 801 Fortune 1000 companies tracked by its Gender Diversity Index. This is up from 19.7% in 2016, and 14.6% in 2011, when it first started tracking the data.

“Enhancing board effectiveness is just one of the ways CPPIB addresses environmental, social, and governance (ESG) issues,” said the fund. “Others include engaging with companies on ESG practices, collaborating with other investors, and incorporating ESG factors into investment decision-making processes.”

The report also said CPPIB has developed a toolkit to help investment teams better assess the impact of climate change on both existing and potential investments.

“We aim to be a leader among asset owners and managers in understanding the investment risks and opportunities presented by climate change,” said Machin.

CPPIB said it expanded its portfolio of renewable energy assets, which its investment teams believe can provide better risk-adjusted returns “when done in a thoughtful, prudent manner.”

Earlier this year, CPPIB became the first pension fund to issue green bonds, which the organization said increased its capacity to invest in renewables.

 

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