All SEC articles – Page 81
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Blog
Another bank under FCPA scrutiny for its hiring practices
Financial services providers face unique corruption risks when seeking to win business in international markets. This includes a traditional form of back-scratching: the hiring of children or other close family members of prominent foreign officials. Only now the SEC has made it clear that such practices can and will invite ...
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Blog
SEC seeks comment on rule requiring naming engagement partners
The SEC is gathering comment on recent PCAOB rules that require audit firms to complete a new filing providing the name of engagement partners on public company audit engagements. PCAOB rules are subject to SEC approval before they can become final, which is why the Commission wants to hear remarks ...
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Blog
SEC probing hiring practices of HSBC and many other banks
London-based HSBC said in an earnings release last week that it is one of several banks being investigated by the U.S. Securities and Exchange Commission for its hiring practices in Asia. Hiring a family member or friend of a government official violates the Foreign Corrupt Practices Act if the intent ...
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Blog
FASB, SEC offer new insights on XBRL
The Financial Accounting Standards Board has made some changes to the Development Taxonomy for any early adopters of FASB’s new standard on the recognition and measurement of financial instruments, adding elements that companies can use in submitting their financial statements in XBRL. The newest guide is the latest in a ...
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Blog
PTC to pay $28 million in FCPA case
Two China subsidiaries of computer software company PTC this week reached a combined $28 million settlement—a $14.5 million criminal penalty to the Department of Justice, and $13.6 million in disgorgement and prejudgment interest to the Securities and Exchange Commission—to resolve an investigation of potential violations of the Foreign Corrupt Practices ...
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Blog
Monsanto settles $80 million accounting charges with SEC
Image: Without admitting or denying wrongdoing, Monsanto Co. has agreed to an $80 million settlement with the Securities and Exchange Commission over charges that it failed to properly report millions of dollars in rebates related to its Roundup weedkiller product line. “This type of conduct, which fails to recognize expenses ...
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Article
The new VIE evaluation process is here, but what does it really change?
Image: With yet another change in the guidance on when a company needs to consolidate a particular entity onto its balance sheet, all public companies need to walk through a new evaluation process in the first quarter, even if it doesn’t change the outcome. “It is a thicket,” says Adam ...
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BlogSciClone to Pay SEC $12.8 Million in FCPA Case
SciClone Pharmaceuticals announced that it has entered into a $12.8 million settlement with the Securities and Exchange Commission to resolve an investigation of potential violations of the Foreign Corrupt Practices Act with respect to its China operations. SciClone further said that the Department of Justice has also completed its related ...
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Blog
Barclays, Credit Suisse to Pay $150 Million for Dark Pool Violations
The Securities and Exchange Commission last month announced that Barclays Capital and Credit Suisse Securities have agreed to settle separate cases for violating federal securities laws while operating alternative trading systems known as dark pools and Credit Suisse’s Light Pool. Both firms collectively will pay more than $150 million to ...
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Blog
SEC Charges SAP With FCPA Violations
Germany-based software manufacturer SAP has agreed to give up $3.7 million in sales profits in a settlement with the Securities and Exchange Commission to resolve charges that it violated the Foreign Corrupt Practices Act when procuring business in Panama.
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Blog
SEC Nudges Companies on XBRL Calculation Relationships
The SEC has updated its ongoing “Frequently Asked Questions” document on interactive data disclosures to address when calculation relationships, which provide key information to show relationships among elements and their corresponding numeric facts, are required in XBRL filings. The FAQs come in response to the SEC’s issuance of a “Dear ...
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Article
The Silver Lining of Sharing Data on Cyber-Risks
After many months of debate, President Obama finally signed the Cyber-Security Information Sharing Act into law. The question businesses are asking: In practical terms, is it good news or yet another cyber-security-triggered migraine? While concerns abound, notably around privacy issues, companies may still find plenty to appreciate in the legislation ...
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Blog
SEC Charges State Street for Pay-to-Play Scheme
State Street Bank and Trust Company last week reached a $12 million settlement with the Securities and Exchange Commission to settle charges that it conducted a pay-to-play scheme through its then-senior vice president and a hired lobbyist to win contracts to service Ohio pension funds.
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Blog
SEC Initiated Record Enforcement Actions in 2015
The number of enforcement actions initiated by the SEC has steadily increased over the past six fiscal years, reaching a record high in 2015, according to a recent report drawing on data from the Securities Enforcement Empirical Database (SEED) that tracks and records information on SEC enforcement actions filed against ...
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Blog
The SEC’s Newly Proclaimed Search Warrant Authority
The Securities and Exchange Commission has broad subpoena powers that this dedicated corps of highly credentialed professionals—inspired by a noble sense of mission, and rich with a long history of investor advocacy—tries to use in the best way possible. But when it comes to issuing subpoenas for electronic storage devices, ...
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Article
SEC Pushed Toward Creating New Board Composition Disclosures
Image: As businesses become more risk-prone and globalized, investors are demanding that fresh blood be infused into boards. So too are legislators with a desire to leverage SEC disclosures as a tool to bolster the ranks of directors and embed cyber-security knowledge. These efforts place a focus on board composition, ...
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Blog
SEC: JPMorgan Misled Customers on Broker Pay
Image: JPMorgan’s brokerage business has agreed to pay $4 million to the SEC to settle charges that it falsely stated on its private banking website and in marketing materials that advisers are compensated based on client performance, rather than commission. According to SEC Enforcement Division Director Andrew Ceresney, “JPMS ...
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Article
SEC Watch: No Respite on Regulatory Reform in 2016
If the SEC had hoped that clearing its plate of most Dodd-Frank Act and JOBS Act mandates would make 2016 a year to focus on other initiatives, well, Washington has other ideas. The agency will be busy with a new round of rulemaking thanks to the FAST Act, plus ongoing ...
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Article
FCPA Enforcement Trends to Watch in 2016
Image: A recalibrated focus by the government on individual culpability, expanding cross-border cooperation and prosecutions, and hordes of new whistleblower complaints are just a few upcoming enforcement trends that are expected to elicit some big compliance headaches in 2016. “The FCPA Unit, it seems to us, is working as hard ...
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Blog
Is That Disposal a Discontinued Operation? SEC Staff Offer Views
SEC Associate Chief Accountant Barry Kanczuker says FASB’s new standard on when a particular disposal should be characterized as a discontinued operation isn’t always clear cut. Kanczuker says companies will have to apply judgment to what constitutes a relevant financial result; look at financial results that might be relevant to ...