FUNDS FOR ATHLETES USED FOR TUITION, COUNTRY CLUB, AND LUXURY CARS!

U.S. Securities and Exchange Commission Litigation Release No. 26579, dated July 1, 2026.

The SEC charged David Kushner and his company, La Mancha Funding Corp., with defrauding investors out of approximately $2.1 million. They allegedly misrepresented how investor funds would be used, instead misappropriating the money for personal expenses and undisclosed fees. Both defendants consented to proposed judgments that would permanently enjoin them from future violations and bar Kushner from serving as an officer or director.

In Plain English

Imagine you give money to a friend to invest in a special club that makes short-term loans. Your friend promises to use your money only for the club's loans. Instead, your friend secretly takes some of your money as "fees" and uses the rest, along with money from people who borrowed from the club, to pay for their own stuff like vacations, cars, and tuition. The SEC stepped in to stop this and make sure the friend can't do it again.

Disclaimer: all facts are drawn from the SEC's own filings; the claims described are allegations unless and until a court rules or the parties settle, and some cases end in dismissal.

How the Alleged Scheme Worked

  1. Raising Funds for Loans David Kushner and his company, La Mancha Funding Corp., raised approximately $10.49 million from investors. They sold membership interests in limited liability companies, promising the funds would be used to make short-term loans to entities like sports agents and professional athletes.
  2. Misrepresenting Fund Usage Instead of solely using the investor funds for the promised loans, Kushner and La Mancha allegedly made material misrepresentations. They failed to disclose that they were taking 'origination' and 'broker' fees for themselves directly from these investor funds.
  3. Misappropriating Investor Principal The defendants are accused of misappropriating at least $2.14 million from investors. This included not only the undisclosed fees but also the principal that certain borrowers repaid on the loans, which should have been distributed to the LLCs and their investors.
  4. Funding Personal Expenses Kushner allegedly used these misappropriated funds, including the undisclosed fees, to pay for a variety of personal expenses. These included credit card bills, his child's college tuition, country club dues, a Mercedes Benz, and a rental home in the Hamptons.

The Enforcement Action

On July 1, 2026, the SEC filed proposed partial judgments against David Kushner and La Mancha Funding Corp. in connection with charges of defrauding nearly two dozen investors out of approximately $2.1 million. The complaint alleged that Kushner and La Mancha raised $10.49 million by selling membership interests in LLCs for short-term loans but instead misappropriated funds for personal use and undisclosed fees. Kushner and La Mancha consented to the entry of judgments that would permanently enjoin them from violating securities laws, and would impose a conduct-based injunction and officer-and-director bar on Kushner. Monetary relief is reserved for later determination. Kushner also faced parallel criminal charges in New York County.