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David Smyth

David Smyth

Brooks Pierce


Latest Posts › SEC

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The SEC Does Not Care about Your FINRA Document Request

If you are a broker-dealer or a registered representative at one, you sign on for some meddling by FINRA. The self-regulatory organization is responsible for overseeing your securities business and even for your outside...more

5/9/2013 - Broker-Dealer Document Requests FINRA SEC

SEC Dings Investment Adviser for Custody Violations, Failure to Supervise

Readers of this space – and SEC observers generally – will recall a March 4 risk alert designed to warn investors about the ways U.S. investment advisers had recently been found to have violated the SEC’s asset custody rule....more

5/3/2013 - Custody Custody Rule Investment Adviser SEC Supervision

Ralph Lauren Escapes FCPA Problems with Minimized Damage

Often, enforcement officials at the SEC and the Justice Department express their wish that securities law violators own up to their (mis)conduct as soon it comes to light. That is, come to the government and explain what has...more

4/23/2013 - Bribery Compliance Customs Damages DOJ FCPA Ralph Lauren SEC Self-Reporting

SEC Highlights Compliance and Ethics for Broker-Dealers

On Tuesday the SEC held a National Compliance Outreach Program for Broker-Dealers at an open meeting at its D.C. headquarters. The first panel – titled The Role of Compliance and Ethics – was nominally targeted to...more

4/11/2013 - Broker-Dealer Chief Compliance Officers Company Culture Compliance FCPA Risk Management SEC

SEC Publishes Report on Reg. FD and Social Media – Joy, Vexation Follow

You probably remember a dustup from a few months ago when the SEC threatened to sue Netflix for violations of Regulation FD. Basically, the rule says that when a public company gives material nonpublic information to anyone,...more

4/5/2013 - Facebook Investors Netflix Public Disclosure Reed Hastings Regulation FD SEC Social Media

Accounting Fraud Not Just for Public Companies Anymore

One of the salient features of the SEC’s enforcement program in recent years has been a dearth of accounting fraud cases. While those cases used to be the SEC’s bread and butter, and hovered around 200 actions per year, they...more

4/4/2013 - Accounting Fraud Disclosure Requirements FCPA Investment Advisers Act of 1940 Oppenheimer & Co. SEC

SEC Ramps Up Its Private Equity Parade

Bruce Karpati, chief of the SEC’s Asset Management Unit, promised us several weeks ago that enforcement actions against private equity firms were about to heat up. He wasn’t kidding. Last Monday, the SEC filed two sets of...more

3/21/2013 - Broker-Dealer General Solicitation Private Equity Ranieri Partners Registration SEC

SEC Issues Risk Alert on Investment Adviser Custody Rule

The SEC can express its displeasure with a particular securities practice in a number of different ways, with increasing levels of fun for the alleged malefactor. Here’s a non-exhaustive list: 1. One thing it can do...more

3/11/2013 - Custody Rule Investment Adviser SEC

SEC Enforcement Coming to a Private Equity Firm Near You

Bruce Karpati, chief of the SEC’s Asset Management Unit (“AMU” or the “Unit”), recently spoke at the Private Equity International Conference in New York, and opened a window into the Unit’s views toward the industry. In...more

3/5/2013 - AMU Asset Management Compliance Private Equity SEC

SEC Staff Seeking Hard Drives, Etc. (but without authority)

Last month brought us this story from Reuters, in which we learned that the SEC “has become more aggressive in seeking full hard drives from the companies and individuals it investigates, startling defense lawyers who...more

2/12/2013 - Books & Records Investigations Release of Information SEC Securities Exchange Act

SEC Brings Case Involving EB-5 Investment Program

It’s not often that the securities enforcement and immigration law worlds collide, but I suppose it occasionally happens....more

2/11/2013 - EB-5 Foreign Investment Fraud Immigrant Investment Visas SEC USCIS Visas

SEC Charges Allianz with FCPA Violations

On December 17th, the SEC brought a settled administrative FCPA action against Allianz SE, a German insurance company with a subsidiary in Indonesia. The order does not allege violations of the FCPA’s antibribery provisions,...more

1/2/2013 - Allianz Books & Records FCPA SEC Subsidiaries Voluntary Disclosure Whistleblowers

SEC’s Asset Management Unit Focuses on Compliance Failures, Vol. 2

As we discussed last month, the SEC’s Asset Management Unit has developed a likeness for not just big, headline-grabbing cases, but relatively small compliance-based cases that are designed to prevent minor problems from...more

12/19/2012 - Asset Management Unit Books & Records Compliance Investment Adviser Registration SEC

Remote Tippee Issues Hang over SEC/Wells Fargo Insider Trading Case

The SEC brought a big insider trading case against a number of individuals in the Western District of North Carolina yesterday. The complaint alleges $11 million in illicit profits. The complaint calls it an insider...more

12/6/2012 - Insider Trading SEC

Several Thoughts about the Largest Insider Trading Case in History

The SEC and Justice Department filed a massive insider trading case in the Southern District of New York yesterday. The actual defendants include University of Michigan neurology professor Sidney Gilman, hedge fund advisory...more

11/21/2012 - Insider Trading SEC

FCPA Declination Opinions? SEC and DOJ Sort of Have Them

The Justice Department and the SEC released long-awaited joint guidance on enforcement and compliance with the Foreign Corrupt Practices Act yesterday. Many have pointed out that the guidance does not cover much new ground...more

11/16/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

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