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SEC Litigation Releases: Week in Review - June 15th, 2012

Promoters of Convicted Ponzi Scheme Operator Jeffrey L. Mowen Ordered to Pay Over $20 Million in Disgorgement and Civil Penalties
June 13, 2012, (Litigation Release No. 22393)
The US District Court for the District of Utah granted the SEC's motion for entry of final judgment against Defendants Michael W. Averett, Michael G. Butcher, Thomas R. Fry, Gary W. Hansen, James B. Mooring, and Bevan J. Wilde, who allegedly "acted as promoters...through the unregistered offer and sale of high-yield...

Oppenheimer Fined for Complex Derivatives in Bond Funds

In May 2010, SCLG released a paper on the Oppenheimer Champion Income Fund, detailing the complex derivatives transactions that led that fund to accumulate huge losses in 2008 compared to other high-yield bond funds. On Wednesday, the SEC charged OppenheimerFunds for material misrepresentations of these very risks in two funds, including the Champion Income Fund. OppenheimerFunds agreed to pay $35 million to settle the SEC's claims.

The funds, the Oppenheimer Champion Income Fund and the...

SEC Litigation Releases: Week in Review - June 8th, 2012

Court Enters Final Judgments, Including Indemnity Bars, Against Rajnish K. Das and Stormy L. Dean, Former CFOs of infoUSA, Inc.
June 1, 2012, (Litigation Release No. 22388)
As a result of the SEC complaint against Rajnish K. Das and Stormy L. Dean, the US District Court for the District of Nebraska barred the pair from serving as an officer or director of a public company for three years and levied a civil penalty of $50,000 against each of them. In the complaint, the SEC alleged Das and Dean...

SEC Litigation Releases: Week in Review - June 1st, 2012

SEC Charges Two Feeders for One of South Florida's Largest-Ever Ponzi Schemes,
May 31, 2012, (Litigation Release No. 22383)
The SEC charged George Levin and Frank Preve with perpetrating a Ponzi scheme through which they raised nearly $160 million from close to 200 investors in less than two years. The defendants used the investor funds to purchase (fraudulent) discounted legal settlements from Scott Rothstein (former Florida attorney). Rothstein then used the investor funds to make Ponzi...

SEC Litigation Releases: Week in Review - May 25th, 2012

SEC Charges Northern California Fund Manager in $60 Million Scheme
May 24, 2012, (Litigation Release No. 22375)
The SEC charged John A. Geringer with running a $60 million Ponzi scheme. In Geringer's management of the GLR Growth Fund, he allegedly misrepresented the fund's historical returns -- double-digit annually -- in the marketing materials and then used new investor funds to finance the returns current investors purportedly realized. Geringer went so far as to produce account statements...

SLCG Research: Dual Directional Structured Products

Earlier this month, SLCG released a new research paper that values Dual Directional Structured Products (DDSPs). DDSPs are debt securities that feature payoffs very much like a long straddle position on the underlying asset for small price movements -- the investor realizes gains if the underlying asset increases or decreases in price (the origin of the term 'dual directional') within a certain range during the term of the note.

DDSPs differ from a conventional straddle position in a number...

SEC Litigation Releases: Week in Review - May 18th, 2012

SEC Charges US Perpetrators in $35 Million International Boiler Room Scheme
May 16, 2012, (Litigation Release No. 22370)
The SEC filed charges this week against Nicholas Louis Geranio, Keith Michael Field, The Good One, Inc. and Kaleidoscope Real Estate, Inc. for their roles in an international boiler room scheme which ran from April 2007 to October 2009 and raised approximately $35 million in proceeds. Geranio allegedly "organized eight U.S. Issuers, installed management (including Field),...

SEC Investigation into Largest Non-Traded REIT May Be A Sign of Things To Come

As discussed in the financial press (see articles from InvestmentNews and Wall Street Journal) and the company's latest quarterly reports, Inland American Real Estate Trust is the subject of an ongoing SEC investigation. The SEC probe is determining whether the company incurred in any violations of the federal securities laws with regards to its fees, company organization structure, distributions paid to investors, and reported property impairments. Inland American is the largest non-traded...

SEC Litigation Releases: Week in Review - May 11th, 2012

Georgia Doctor Consents to Order in Settlement of SEC Insider Trading Charges
May 10, 2012, (Litigation Release No. 22364)
In a September 2010 complaint (Litigation Release No. 21644), the SEC alleged that Dr. Bobby V. Khan traded Sciele Pharma, Inc. (a Georgia-based pharmaceutical company) stock based upon material non-public information concerning a tender offer that was to be made by a Japanese company. Yesterday, the US District Court for the Northern District of Georgia entered a consent...

The Small Price of Big Favors

Yesterday the Securities and Exchange Commission issued a press release announcing that it had filed a complaint alleging Detroit officials -- including former mayor Kwame M. Kilpatrick and former city treasurer Jeffrey W. Beasley -- influenced the city's pension fund investments to favor an advisor, MayfieldGentry Realty Advisors LLC, in exchange for personal gifts. This story illustrates an all too common occurrence in municipal finance. According to the SEC, Kilpatrick and Beasley...

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