Former “Top Male Fittest CEO” Cited for Violating Hawai`i Securities Laws

A preliminary cease-and-desist order has been issued against Hawai`i businessman David T. Low and his company Hawai`i Capital Management, LLC for violating state securities laws.

Low, who is described as “Hawaii’s fittest CEO” on his company website, was featured in the October 2007 issue of Hawai`i Business Magazine for his exercise regiment, as well as in Triathlete Magazine’s “swimsuit issue.”

Hawai’i Commissioner of Securities Tung Chan issued the preliminary order against Low and his company, in addition to a notice of right to hearing.

According to the Department of Commerce and Consumer Affairs, Low solicited three investors between February 2010 and April 2012 to purchase securities from Hawaii Capital Management, LLC.

Low allegedly told the investors that their money would be invested in an annuity, Roth IRA, or “pooled” investment for their future benefit. The investors then reportedly provided Low and his company a combined total of $257,626.18.

Low is accused of not investing the funds as promised, using the money instead to purchase securities for himself and for personal expenses, including payments to Mercedes Benz, Audi Hawaii, and the City & County of Honolulu to register a Ferrari. Allegedly, Low also spent the money on groceries, dining and entertainment, gym membership, rent, credit card payments, cash withdrawals, and miscellaneous retail purchases.

According to Low’s company, before joining Hawai`i Capital Mangement, Low worked with the now defunct investment bank Lehman Brothers, which filed the largest bankruptcy in US history on the eve of the 2008 financial crisis. Low also reportedly worked for Bear Stearns, famous for receiving a federal bailout during its controversial sale to JP Morgan.

The order by the state seeks penalties of $200,000 and a permanent injunction against Low and his company for transacting securities in Hawai`i. The order also seeks rescission and restitution for the investors.

The Department of Commerce and Consumer Affairs is encouraging any Big Islanders who have been solicited by or done business with David T. Low and/or Hawaii Capital Management, LLC to contact the state Securities Enforcement Branch at their Hawai’i Island Office at (808) 974-4000. When prompted, callers should enter “62740” followed by the “#” sign.