SEC and CFTC Update

A month-by-month recap of the U.S. Securities and Exchange Commission, and Commodity Futures Trading Commission enforcement activities and developments

Latest from SEC and CFTC Update - Page 2

Action against Defendants, an oil-and-gas penny stock company and its former CEO, for allegedly concealing in financial reports the loss of the company’s major revenue source. According to the SEC, after losing control over two oil-and-gas leases, Defendants made misrepresentations to investors in quarterly reports to conceal that development. The SEC also alleges that Defendants raised additional money from investors while improperly withholding information about the loss of revenue source, misreported the CEO’s stock ownership,…
Action against Defendants, two pastors, their church, and a related asset management company, for an alleged Ponzi scheme. According to the SEC, Defendants fraudulently solicited investments through radio and television advertisements, misappropriated funds, and made Ponzi-like payments to pay returns to investors. SEC Complaint SEC Litigation Release
Action against Defendant, a former county manager, for an alleged conflict of interest in connection with a public pension fund. According to the SEC, Defendant, who was involved in the pension fund’s selection of an investment adviser, gave an unfair competitive advantage to an investment adviser due to his undisclosed relationship with a person associated with the adviser. The SEC alleges that Defendant gave confidential proposals to this adviser to review and falsely represented that…
Action against Respondents, an investment adviser and its chief operating officer, for alleged fraud in connection with the auction of real estate from one client to another. According to the SEC, Respondents allegedly rigged an auction of one client’s real estate to benefit another client who purchased the real estate and resold it at a profit. Respondent investment adviser has agreed to pay disgorgement of $74,000, prejudgment interest of $8,758.80, and a civil penalty of…
Two members of the Senate Banking Committee introduced the Securities Fraud Enforcement and Investor Compensation Act in the Senate. The bill seeks to amend the Exchange Act to give the SEC ten years to seek restitution for investors from fraudulent actors while maintaining the five-year limitation on SEC disgorgement actions set forth in the Supreme Court’s 2017 decision in Kokesh v. SEC. Law360 Coverage
Action against Defendants, an auto manufacturer, two of its subsidiaries, and its former CEO, for alleged fraud in connection with misstatements made about vehicle emissions. According to the SEC, Defendants knew that some of their vehicles exceeded legal emissions limits and passed emissions tests due only to a device installed on the cars. The SEC alleges that Defendants made false and misleading statements to investors and underwriters to conceal this information while issuing over $13…
A member of the House Intelligence Committee has reintroduced the Cybersecurity Disclosure Act of 2019 that would require the SEC to issue a set of rules making publicly traded companies disclose whether any of their board members have cybersecurity expertise, and if not, to justify the skills gap. A companion bill is pending in the Senate.…
Action against Defendant, an attorney, for alleged fraud related to the preparation of opinion letters regarding microcap securities. According to the SEC, Defendant continued to draft letters after a major microcap quotation and trading system banned Defendant from providing legal opinion letters. The SEC alleges that Defendant hired another attorney to sign the letters without performing additional due diligence. SEC Complaint  SEC Litigation Release
Action against Respondent, a film producer, for alleged offering frauds. According to the SEC, Respondent falsely informed investors that he was raising money to take an auction site private and to spin off a separate business unit from that site. The SEC alleges that Respondent misappropriated investor funds and misrepresented information, including the amount of money raised, the number of shares for sale, and the purported involvement of a broker-dealer. Respondent has agreed to pay…
Action against Respondent, a flooring retailer, for alleged fraud on investors. According to the SEC, Respondent falsely informed investors that its products complied with environmental regulations. Respondent has agreed to pay disgorgement of $6,037,838 and prejudgment interest of $59,660. The SEC did not impose a civil penalty due to Respondent’s agreement to pay $33 million in criminal fines and forfeiture, less disgorgement paid to the SEC, in a parallel criminal action. SEC Order SEC Press