Ashcroft Capital Lawsuit In numerous surveys, investors tend to inquire about the key legal claims in this lawsuit. Key claims are representation of the projected returns, failure to reveal full risks, breach of fiduciary duty and failure to properly communicate at times of poor performance. Plaintiffs maintain that advertisements and Investor Presentation depicted overly optimistic images without pointing out the significant risks such as a higher interest rate or variable rate when it comes to loan exposure. The complaint also requests damages against loss to do with these alleged omissions.