The SEC said Marcum regularly gave clients account statements showing annualized returns of more than 20 percent with no monthly losses.
Instead, the regulator said he lost more than $900,000 on what little trading he conducted, and used the remaining funds to invest in start-up ventures and finance a lifestyle including Mercedes-Benz car payments, airline tickets, nightclub outlays, and charges to his former wife's credit card.
The SEC said none of the start-ups appears profitable, and that Marcum "is nearly broke, and his accounts contain less than $2,000." It said the scheme began to unravel in mid-2013 when Marcum became unable to meet some investors' redemption demands.
According to the regulator, Marcum admitted misappropriating investor money during a June 18 conference call with three investors, which was recorded.
It said he also told investors during the call that his insurance policies had a two-year waiting period for a "suicide clause" to take effect, and that if he failed to return their money he would kill himself so they could be made whole.
A lawyer for Marcum did not immediately respond to a request for comment. Marcum could not immediately be located.
The lawsuit seeks a fine, the recovery of ill-gotten gains, and a permanent ban on further wrongdoing.
The case is SEC v. Marcum et al, U.S. District Court, Southern District of Indiana, No. 13-01361.
(Reporting by Jonathan Stempel in New York; Editing by Leslie Adler)
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