All Regulatory Enforcement articles – Page 148
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Blog
Sen. Warren and 'Liberal Allies' Derail Planned SEC Nomination
Sen. Elizabeth Warren and activist groups with which she is aligned have reportedly derailed President Obama's plan to nominate a corporate lawyer for a soon-to-be open Democratic seat on the Commission.
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Blog
North America Soccer Groups Push Reforms After FIFA Scandal
The governing bodies for professional soccer in North America and the Caribbean are overhauling their governance frameworks, amid increasing scrutiny of the sport worldwide since U.S. officials charged a slew of FIFA officials with corruption last month. The group, known as CONCACAF, says the changes are “an additional step … ...
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Judge Rakoff Finds Newman Case Not Applicable to Tipper Liability
Last week, Judge Jed Rakoff denied Rajat Gupta's motion to vacate his conviction, finding that the landmark Newman case impacts tippee liability, not tipper liability.
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Brit Banking Regulator: Market ‘Cleaner,’ Insider Trading Down
In its most recent Annual Report, the UK's Financial Conduct Authority stated that its "market cleanliness" statistics continue to show a "significant decline in the incidence of potential insider trading cases" since 2009. The improvement coincides with a significant increase in insider trading enforcement in the UK.
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DOJ Joins Instagram ... Your Move, SEC!
The DOJ sees your Pinterest account, SEC, and raises you an Instagram account! Today the DOJ announced on the front page of its website that it has taken the Instagram plunge.
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Bankers Need to Clean Up Their Act, Allianz Exec Says
Image: Elizabeth Corley, global chief of Allianz Global Investors, warns that there can be serious consequences to the economy if bankers continue to engage in reckless misconduct. Corley says rogue bankers often see wrongdoing as a minor rather than a serious offence, which can lead to bigger problems for financial ...
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Article
Advisers Still Feel Unease Over CCO Liability Risk
Image: The conversation about personal liability for compliance officers is buzzing again, thanks to a hornet’s nest SEC Commissioner Daniel Gallagher stirred up with a complaint about recent sanctions against two CCOs. “We’re hearing similar concerns among CCOs at investment adviser firms—and not just from CCOs, but also from senior ...
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Aguilar on CCO Liability Fears: Untwist Your Knickers!
Image: SEC Commissioner Luis Aguilar has jumped into the conversation about CCO liability, rebutting “unwarranted fear in the CCO community” that the SEC is looking to take enforcement action against compliance officers at investment advisory firms. “CCOs that faithfully and reasonably fulfill [SEC requirements] are not going to be subjects ...
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SEC to Finalize Clawback Requirements
The SEC will meet on Wednesday to consider the long-awaited clawback requirements under the Dodd-Frank Act. The SEC has postponed addressing the incentive compensation clawback provision for years. If the amendments are made, this will usher in a new wave of compliance requirements for many companies. More inside.
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My 15 'Must-Follows' on Twitter -- 2015 Edition
In May 2009, when Twitter was in its infancy, I created a list of "15 People All Securities and Corporate Litigators Should Follow on Twitter." I updated that list here in February 2010, adding and removing a few people as I tried to identify the people and organizations who "consistently ...
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SEC Rebukes Investment Advisory Firm for Ignoring CCO Pleas
A bit of good news amid the discussion of personal liability for chief compliance officers: The SEC has delivered a one-year suspension to an investment advisory firm’s former president on the grounds that he consistently ignored the chief compliance officer’s request for resources, which led to the firm’s compliance failures. ...
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Utah AG Brings Charges Against Latest 'Affinity' Ponzi Scheme
Shortly after Utah introduced the nation's first "White Collar Crime Offender Registry" to help fight affinity fraud, the state's Attorney General charged a father and son with 15 counts of securities fraud in which they allegedly exploited their membership in The Church of Jesus Christ of Latter-day Saints to win ...
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Anti-Corruption Groups Challenge the SFO on DPAs
Image: Title: GreenA number of well-known anti-corruption activists, such as Transparency International and Corruption Watch, are urging David Green, director of Britain’s Serious Fraud Office, to rethink replacing criminal charges with deferred prosecution agreements. The group warns that if DPAs are offered, that will allow banks and other companies to ...
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Blog
SEC, Secret Service Reportedly Investigating 'FIN4' Hackers
The SEC and the U.S. Secret Service are reportedly separately investigating a group of hackers called FIN4. In December 2014, cybersecurity firm FireEye Inc. released a report stating that FIN4 that was hacking the email accounts of top executives, lawyers and others in an effort to obtain non-public information about ...
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Blog
SEC Charges 36 Firms for Fraudulent Muni-Bond Offerings
The SEC has brought enforcement actions against 36 municipal underwriting firms for violations in municipal bond offerings. The cases are the first to be brought against underwriters under the Municipalities Continuing Disclosure Cooperation Initiative, a voluntary self-reporting program targeting material misstatements and omissions in municipal bond offering documents. Details inside.
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Blog
SEC Charges CCO of SFX With Compliance Failures
The Securities and Exchange Commission last week brought fraud charges against the former president of SFX Financial Advisory Management Enterprises for stealing client funds. The firm and its chief compliance officer separately agreed to settle charges that they were responsible for related compliance failures and other violations. Details inside.
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Blog
India Attempts to Tackle the Supply Side of Bribery
India’s Union Cabinet recently approved amendments to the Prevention of Corruption Act (PoCA) that will expand the scope of the law to corporate executives. Currently the law prohibits corrupt acts by public servants and government officials, who have been at the center of enforcement actions. Over the years, government corruption ...
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Blog
Two More NPAs Reached Under Swiss Bank Program
The Department of Justice today announced that two more banks—Bank Linth (Bank Linth) and Bank Sparhafen Zurich AG (BSZ)—have reached a resolution under the Department’s Swiss Bank Program, which provides a means for Swiss banks to resolve potential criminal liabilities in the United States. Bank Linth will pay a $4.1 ...
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Blog
SEC in 1942: Everybody Into the Pool!
How did the SEC staff end up working at the bottom of a swimming pool in 1942? The SEC Historical Society has the answer.
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Blog
Gallagher Uncorks on SEC Action Against CCOs
Image: SEC Commissioner Dan Gallagher, often a contrarian voice at the agency, spoke up again last week to denounce recent enforcement actions against compliance officers at investment advisory firms. Gallagher panned the SEC rule that dictates how investment advisers establish compliance procedures, and he railed that “the Commission seems to ...