Latest Publications

Share:

SEC Enforcement Stats: Less Issuer Cases; More Individuals Charged

Cornerstone Research and the Pollack Center for Law and Business at NYU published a report on SEC Enforcement activity for the first have of fiscal year 2018, focused largely on actions involving public companies and their...more

This Week In Securities Litigation

The SEC Office of Investor Education created a very informative site for investors to learn about the dangers of crypto currency offerings. The tool is a site offering HoweyCoin. It contains descriptions of the coins, an ICO...more

The SEC Has an Opportunity You Won’t Want to Miss - HoweyCoin; The USOA Files Another Crypto Offering Case

SEC Office of Investor Education - The first part of the headline above was written by the U.S. Securities and Exchange Commission’s Office of Investor Education (slightly modified). The second part of the headline shows...more

FCA, PRA Sanction Barclays, Executive Re Whistleblower

The Commission has brought a number of actions seeking to protect whistleblowers. One action, for example, was brought against a firm which tried to bar former employees from talking to regulators by inserting provisions in...more

Two Significant Losses For the CFTC

The Dodd-Frank Wall Street Reform Act strengthened the jurisdiction and enforcement capabilities of the CFTC in a number of respects. Once key provision concerned Retail Commodity Contracts, under CEA Section 2(c)((2)(D)....more

The Impact of Compliance - Another Reversal For a Jefferies Trader

The key role of compliance threads through the continuing saga of Jefferies & Co. trader Jesse Litvak as well as a series of similar cases. Mr. Litvak is one of a number of traders who were indicted by the U.S. Attorney’s...more

This Week In Securities Litigation

Speeches were key this week. Steven Pelkin, Co-Director of the SEC’s Enforcement Division delivered remarks focused on the Wells process, offering suggestions for defense counsel. Deputy Attorney General Rod Rosenstein...more

U-Turn Valuations, Insider Trading Yield Adviser SEC Sanctions

The valuation of assets held by advisers has been a key issue for the Commission. Likewise, insider trading on political intelligence is also a focus of SEC Enforcement. ...more

Ninth Circuit: Section 14(e) Does Not Require Scienter

Scienter has been a critical element of a claim based on Exchange Act Section 10(b) in an SEC enforcement action since the Supreme Court’s decision in Aaron v. SEC, 446 U.S. 680 (1980). It has also been a key element in...more

Political Intelligence Consultant, CMS Official, Guilty of Insider Trading

A political intelligence consultant, a former employee at the Centers for Medicare and Medicaid Services or CMS, and two partners at a New York hedge fund were found guilty by a jury on charges of conspiracy, securities fraud...more

This Week In Securities Litigation

Panasonic and one of its subsidiaries paid over $280 million to settle FCPA charges with the DOJ and the SEC this week. The charges are based on a years long scheme in which the subsidiary paid bribes centered in the Middle...more

SEC Enforcement Division FAQs on its SCSD for Advisers

The SEC’s Division of Enforcement issued Frequently Asked Questions and Answers or FAQs for its Share Class Selection Disclosure Initiative or SCSD, initially announced in February 2018. The FAQs clarify and in part reiterate...more

Panasonic Pays DOJ, SEC Over $280 Million to Resolve FCPA Charges

The DOJ and the SEC resolved another FCPA action centered on inaccurate books and records and inadequate internal controls. Panasonic Corporation and Panasonic Avionics Corporation or PAC, a wholly owned subsidiary, agreed to...more

This Week In Securities Litigation

The fate of SEC ALJs was debated this week before the Supreme Court. Despite the fact that the Commission and Solicitor General confessed error, switched sides and joined with Petitioner to argue that historically the agency...more

SEC – D&B Settle FCPA Charges First Revealed on TV

Firms can and do discover violations of the Foreign Corrupt Practices Act in a variety of ways. In some instances the internal or external auditors uncover evidence which leads to the discovery....more

The Supreme Court Considers The Fate of SEC ALJs

The fate of SEC Administrative Law Judges (“ALJ”) – and perhaps those at other federal agencies – hung in the balance as oral argument was held before the Supreme Court on Monday, April 23, 2018. The question being considered...more

SEC ALJs – Lucia, the Appointments Clause and Remedies

Whether the Commission’s Administrative Law Judges were appointed in accord with the Constitution and thus validly hold their positions will be argued on Monday, April 23, 2018 at 10:00 a.m. before the Supreme Court in...more

This Week In Securities Litigation

The Commission proposed a package of rules and interpretations focused on retail investors. At the center of the package is proposed Regulation Best Choice focused on the relation between brokers and their clients....more

SEC Charges Broker With Theft From Pension Plan

The Commission frequently brings actions in which the defendant is charged with misappropriating investor funds. Typically those cases center on an offering fraud in which the defendant sold investors securities using false...more

USAOs Bring Two More Cryptocurrency Related Fraud Actions

All things cryptocurrency related continue to be significant draws for investors. Unfortunately that attraction often leads to a loss of investor cash. The losses, however, are not typically from the cryptocurrency but from...more

Courts Give SEC Split Decisions on Same Day

March 29, 2018 was a significant day for the Commission. The agency obtained decisions in two different cases. In one, the Commission prevailed against two defendants in a bench trial held seven years ago arising from the...more

IA Arrested On Bail For Continuing Fraudulent Scheme

A focus of a typical bail hearing is flight risk – is the person charged likely to return for the pending court proceedings and face the charges. Recently, a long established investment adviser was arrested on fraud charges....more

SEC Settles Financial Fraud Action – With Admissions In The U.K.

The Commission has settled one action in which admissions were required since Jay Clayton became Chairman. In resolving its most recent financial fraud action the agency did not require the settling parties to make admissions...more

967 Results
/
View per page
Page: of 39

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.