firms or individuals while reducing the offering proceeds for a company by artificially depressing the market price shortly before the company prices the stock. The SECโs investigations targeted 19 firms…
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Cyber Security and Investing: Steps to Help Avoid a Digital Disaster
This leads to a key consideration: every companyโs cyber security posture should be considered when making investment decisions. For example, a company selling information technology that is less prone to…
SEC Enforcement Update โ A busy (and entertaining) week, July 28 โ August 1, 2014
this one. The SECโs complaint filed in U.S. District Court for the Northern District of Georgia alleged that, since as early as 2004, the defendants ย Lawler and Freedom Foundation offered…
Money Market Fund Reform
a fund board would be permitted to impose a liquidity fee of up to 2% on redemptions and to suspend redemptions (impose a โgateโ) for up to 10 business days.ย …
Private Fund Managers as Broker-Dealers and How to Avoid It
fund manager employee compensation.ย However, the SEC staff has further to go before providing guidelines to the industry on the broker dealer registration issues posed by deal fees that private…
Lawyers as SEC Enforcement Targets, What a Fund Manager Needs to Know
Commissioner identified that when lawyers do provide bad advice, or effectively serve to assist fraud, their involvement is used as a shield against liability, both for themselves and for others.ย …
Precious Metals? Not so much. CFTC Wins Fraud Trial
sold physical metals, including gold, silver, platinum, palladium, and copper, to retail customers on a financed basis and forwarded customer funds to Hunter Wise, whose identity was not disclosed to…
CFTC Revises CPO Delegation Process: No-Action Letter
pool that would be considered CPOs agree to be jointly and severally liable with the registered CPO for violations of the Commodity Exchange Act or the CFTCโs regulations by the…
Get Registered! The SEC Enforcement Division Cracks Down on Unregistered Brokers
commissions.ย He paid approximately $1.9 million to others as referral fees and kept the remaining $16.4 million for himself. For the two companies for which Sarafraz raised money, this could…
Insider Trading โ The Friends and Family Edition
Company. ย John W. Femenia was employed by a major investment bank from which he obtained the information about the impending acquisition.ย Femenia told his friend Walter D. Wagner the nonpublic…