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ATEL Lawsuits – Investors May Be Entitled to Recover Losses

Investors in ATEL 15, ATEL 16, and ATEL 17 may have suffered losses of 50% or more of their investment principal based on secondary market trading data. ATEL 15, ATEL 16, and ATEL 17 were risky equipment leasing funds offered and sold to many investors. While some brokers or financial advisors may have sold these Atel products as a low risk, stable, or conservative investment options, the reality is that ATEL 15, 16, and 17 were all emerging growth companies and investments in these Atel funds involved a risk of substantial loss. If a broker or financial advisor recommended ATEL 15, 16, or Atel 17 to you or failed to properly explain or describe the risks and features of these product, you may have a legal right to recover your losses.

The features and structure of ATEL 15, ATEL 16, and ATEL 17 shared many similar characteristics. For instance, the offering price for shares of ATEL 16 was $10/share. However, the most recent activity found on the secondary market back in August 2020 suggests that ATEL 16 may be worth $2.75 a share or even less. Shares of Atel 17 that listed on a secondary market trading source in 2020 did not sell for $3.75 per share. A price decline from $10 to less than $3 would translate to a loss to investors of 70% or more of their initial principal. Such losses could be devastating to retirees and investors.

One reason brokers may have sold these Atel Funds and other similar product is due to significant fees and commissions the sale of this product generated. In fact, only 87% of an investors money actually went toward the purchase of the ATEL 16 portfolio investments. Up to 9% of the investors investment was used to pay selling commissions. Thus, an investor who bought 10,000 shares ATEL 16, of the $100,000 invested, only approximately $87,000 was used to actually make investments. The brokers selling ATEL 16 could have been paid up to $9,000.

What some investors may not have understood is that the distributions they received were likely a return of capital, NOT a return on capital. A broker conducting basic due diligence should have understood that most of the prior ATEL programs distributions had been a return of capital and not a return on capital. Thus, for most investors in ATEL programs, most of the money they received was simply a return of part of the money they had invested.

Another significant risk of ATEL 16 was the fact that the fund was considered a blind pool as a newly formed entity with no operating history. At the initial time of offering, ATEL had not specified its investments, so investors could not fully evaluate the risks from the fund. Additionally, ATEL Managing Member, LLC was the manager of ATEL 16, and the management company had conflict of interests as it continued to operate other Funds like ATEL 12, ATEL 14, and ATEL 15 which had similar investment objectives and were in competition with ATEL 16.

If you suffered financial loss because your broker recommended ATEL 15, ATEL 16, ATEL 17 or any other similar programs to you, you may have a right to file a claim to recover your losses. The Securities and Business Litigation team at Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A. has handled claims involving ATEL products and can help you recover your losses. We charge you attorney’s fees only if we recover for you.

Call us today for a free case review: (800) 277-1193. You can also email attorney Michael Bixby directly at mbixby@levinlaw.com or fill out an evaluation form on our website.

 
 
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At a time in our life when we were most vulnerable we lost control of our finances. We fell victim to a broker that took huge commissions and did not disclose that we were not able to access our money. Peter Mougey and his wonderful staff worked with us to make us whole again and got our money released. I cannot say enough about their work ethic, professionalism, and kindness during this stressful time for us. We had a 100% positive conclusion to our case and we strongly recommend Peter and the firm. We can now sleep at night! Fred & Pat H.

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