Saturday, August 19, 2023

GOP Presidential Hopeful Ramaswamy Sued Over Strive’s Practices

Story by Max Chafkin •



(Bloomberg Businessweek) -- Vivek Ramaswamy has been rising in presidential polls partly on the strength of his business accomplishments. Before he started running for the Republican nomination, where polling averages now put him in third place behind Donald Trump and Ron DeSantis, Ramaswamy founded and ran a drug development company, Roivant, which he took public in 2021. Then he started an asset management firm, Strive, presenting it as a conservative answer to the ESG movement’s focus on investments’ environmental, social and governance impacts. Strive’s motto, meant as a contrast to ESG, is “invest in excellence.”

But two former employees have filed lawsuits in recent months against the investment firm as well as Ramaswamy and his co-founder Anson Frericks that suggest practices at the company were something less than that. They accuse Ramaswamy and Frericks of aggressively pushing employees to violate securities law and of mistreating staff. They also suggest that the company has struggled to meet lofty growth goals for its “anti-ESG” investments.

Christopher Lenzo, a lawyer for plaintiff Joyce Rosely, said the two suits raised questions about Ramaswamy’s seriousness as an asset manager. Strive “was founded, in retrospect, largely as a PR mechanism for the presidential campaign of Ramaswamy,” he said. “Not a lot of thought was given to running it as an investment firm.”

Neither lawsuit has been previously reported. Ramaswamy’s track record will be in focus during next week’s presidential debate, when DeSantis allies have signaled that he plans to concentrate attacks on Ramaswamy. “Strive intends to vigorously defend itself,” the company said in a statement. “Beyond that, it is our policy not to comment on active litigation.” Tricia McLaughlin, Ramaswamy’s communications director, didn’t comment on the lawsuit. She noted that Ramaswamy, who served as Strive’s executive chairman until earlier this year, left Strive when he decided to run for president. “Strive is completely separate from Vivek and his campaign,” she said.

The first suit, filed in Kansas by a regional sales chief who was dismissed as part of a reorganization in March, also says Ramaswamy misrepresented the company’s finances to employees and investors, exaggerating its growth when pitching venture capitalists and recruiting staff. The former employee, John Phillips, claims he was induced to leave a job at JPMorgan that would have paid him more than $1 million in 2022, based on promises made by Ramaswamy and others that Strive was well financed and that Ramaswamy was dedicated to the company.



2024 Presidential Candidates Attend Iowa State Fair© Photographer: Al Drago/Bloomberg

In reality, according to the suit, Strive was “undercapitalized,” and Ramaswamy was planning a presidential bid. The suit was filed in June, three months after Phillips claims he was fired by Strive without cause. Strive has filed a motion to dismiss the case.

In the second suit, filed Aug. 8 in a Union County, New Jersey, court, Rosely claims she was fired as co-head of institutional sales in retaliation for raising concerns about sexual harassment at the firm and violations of securities laws. She contends she saw a Strive executive make aggressive sexual advances toward a more junior staffer.

When Rosely, a veteran of State Street and Goldman Sachs, complained to Frericks, Strive’s president, he told Rosely it was “none of his business,” according to her complaint. At the time, Frericks, a former beer distribution executive who went to high school with Ramaswamy, held the company’s most senior position.

Like Phillips, Rosely claims that Ramaswamy and Frericks pressured her to violate securities laws. She says she was asked to use sales materials that improperly promised future returns and urged to allow employees who were not yet registered to sell securities to pitch clients. Rosely also claims she complained about Ramaswamy’s social media posts, which she believed constituted unlawful securities sales.

Both Phillips and Roseley were fired in March, alongside another executive who Rosely says was also complaining about the securities law violations. She claims that Strive told her the firing was part of a reorganization but also that everyone who was dismissed as part of the reorganization was over 40 years old. Her suit alleges that she was the victim of age discrimination, as well as retaliation for raising concerns about harassment and securities law violations.

In April, a month after the dismissals, Matt Cole, Strive’s chief investment officer, was named chief executive officer. In a June memo, Cole acknowledged the departures of “underperforming members of the distribution team.” He also signaled that Strive, which manages exchange traded funds (or ETFs) with about $1 billion in total assets as of Aug. 17, according to data compiled by Bloomberg, would tone down its political rhetoric and focus on promoting “shareholder capitalism” instead of criticizing ESG. The memo, first reported by Semafor, said that growth in the firm’s funds had slowed in 2023 in part because investors had seen the firm as “political over investment oriented.” The memo said growth had resumed and would accelerate in a “‘hockey stick’ fashion” starting in 2025. —With Silla Brush

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