May 24, 2013 Comments (0) Blog, Securities Fraud

Recovery of ATEL Capital Equipment Fund Investment Losses

(Last Updated On: July 17, 2015)

Have you suffered losses in an ATEL Capital Equipment Fund?  If so, the securities attorneys of The White Law Group may be able to help you recover your losses through a FINRA arbitration claim against the brokerage firm that recommended the investment.

According to their website,  ATEL Capital Group “provides everything from venture leasing for promising new firms, to large-scale equipment financing for some of the worlds most respected corporations.” The company leases a variety of equipment, including mining, transportation, construction, ocean-going vessels, aircrafts, and machine tools.  Currently,  ATEL “manages an equipment portfolio of approximately $2 billion.”ATEL has offered a number of Equipment Funds in order to raise capital. Investors who purchased Limited Liability Units in ATEL Capital Equipment Fund may have been unaware of the high risks. According to the prospectus of one of ATEL’s offerings, ATEL Capital Equipment Fund X, the investment involves significant risks, including:
– No market exists for the Units, and an investor may be unable to sell his Units; 

– The Fund expects to have more cash to distribute than taxable income, so, as in prior ATEL programs, a substantial portion of Fund distributions is expected to be a return of capital;

– The Fund’s performance is subject to risks relating to lessee defaults and the value of equipment at the end of the leases;

– The Fund has not specified all of its equipment investments; and

– The Fund will pay ATEL substantial fees;

It also appears that certain of the ATEL offerings may have decreased substantially in value.  According to (a secondary market for private placement investments like ATEL Capital Equipment Funds),  ATEL Capital Equipment Fund X has sold as recently as March 2013 for $2.95 per unit, and in April 2013 the ATEL Capital Equipment Fund VIII sold for $0.78 per unit.

Broker dealers that sold ATEL Capital Equipment Funds have a fiduciary duty to disclose all the risks to investors. In addition, brokerage dealers have an obligation to make investment recommendations that are suitable for an individual given their age, net worth, investment experience and objectives, liquidity needs and risk tolerance.

However, because of the high sales commissions earned by broker-dealers, many may have pushed the sale of ATEL Capital Equipment Funds onto investors.

According to ATEL Capital Equipment Fund prospectus, 9% of investors initial capital is used to pay sales commission and an additional 3.5% is used to cover additional offering expenses.

Broker-dealers that have not done their fiduciary duty or performed adequate due diligence when selling investments may be held liable for damages through the FINRA arbitration.

The White Law Group is investigating potential FINRA arbitration claims involving the following ATEL Capital Equipment Funds:

  • ATEL Capital Equipment Fund VII
  • ATEL Capital Equipment Fund VIII
  • ATEL Capital Equipment Fund IX
  • ATEL Capital Equipment Fund X
  • ATEL Capital Equipment Fund XI

If you have suffered significant losses in their ATEL Capital Equipment Fund investment and would like to discuss your litigation options to recover your investment losses, please contact the attorneys of The White Law Group at 312-238-9650 for a free consultation.

The White Law Group is a national securities fraud, securities arbitration, and investor protection law firm with offices in Chicago, Illinois and Boca Raton, Florida.

For more information on The White Law Group, visit