A Train, Babcock Advisors investment adviser was charged Thursday by the U.S. Securities and Exchange Commission with allegedly stealing more than $9 million from the Kurr Foundation.
John Rogicki was named president and trustee of the New Jersey-based foundation in 2001, after the death of its founder. The foundation gives to health and education causes, according to a recent 990 tax filing that lists Rogicki as a controlling individual. A story on the website of New Jersey radio station 92.7 FM WOBM notes a 2013 charity event for the American Cancer Society in honor of the Kurr Foundation as a supporter of the cancer group’s efforts.
Federal regulators say Rogicki utilized his role as managing director and, for many years, chief compliance officer at Train, Babcock Advisors, as well as his position as executor of the foundation founder’s estate to commit the fraud. According to the complaint, Rogicki resigned in January 2017 in connection with conduct related to the charges brought against him.
According to the SEC, Rogicki made purchases and sales of securities for the foundation’s advisory account, which was held at TBA. Regulators allege that he would liquidate securities positions held by the foundation, and then wire the proceeds to the estate of the foundation founder, which he still controlled.
He would then transfer the funds to himself, or into accounts he controlled, regulators allege. Between 2004 and 2016, Rogicki allegedly made more than 200 fraudulent transactions for millions of dollars, according to the SEC.
According to the SEC, the funds went to purchase real estate for his children and pay for a lavish lifestyle.
Rogicki is charged with two violations of the Investment Advisers Act, and well as a single violation of the Securities Act.
According to New York state court documents, Rogicki has been charged by Manhattan District Attorney Cy Vance’s office with a single count of grand larceny. He has no future appearances scheduled. No information about defense counsel was available. A Vance spokeswoman could not be reached for comment.
The federal suit is Securities and Exchange Commission v. Rogicki, 17-cv-08071. No judge assignment has yet been made.