Blog

Our experts frequently write blog posts about the findings of the research we are conducting.

2024 2023 2022 2016 2015 2014 2013 2012 2011 2010 2009

Displaying 10 out of 29 results for "Private Placements".

SEC Litigation Releases: Week in Review - December 28th, 2012

(Dec 2012)

SEC Charges Two Brokers with Insider Trading
December 26, 2012, (Litigation Release No. 22581)
This week the SEC filed an amended complaint (opens to PDF) charging research analyst Trent Martin with tipping brokers Thomas C. Conradt and David J. Weishaus with nonpublic information about IBM Corporation's acquisition of SPSS Inc. Martin learned of the impending IBM-SPSS transaction "from an attorney friend who was working on the deal." Martin, Conradt, and Weishaus allegedly traded on the...

SEC Litigation Releases: Week in Review - December 14th, 2012

(Dec 2012)

SEC Charges Massachusetts Company, CEO and Promoters With $9 Million Securities Fraud
December 14, 2012, (Litigation Release No. 22572)
According to the complaint (opens to PDF), BioChemics, Inc., its CEO, John Masiz, and two individuals paid to solicit investors, Craig Medoff and Gregory Kroning, "made false statements to investors about collaborations with major pharmaceutical companies and the status and results of drug trials of [BioChemic's] main product." Additionally, the SEC claims...

SEC Charges Tiger Asia Executive with Insider Trading

(Dec 2012)

Earlier this week, the Securities and Exchange Commission (SEC) charged two New York-based hedge fund managers with insider trading. Sung Kook "Bill" Hwang of Tiger Asia Management and Tiger Asia Partners admitted to using material non-public information to short sell shares of Bank of China Ltd. and China Construction Bank Corp resulting in nearly $17 million in unlawfully gained profits. Tiger Asia covered its short positions with private placement shares that were obtained at a discount....

Massachusetts Securities Regulators Getting Tough on Non-Traded REITs

(Dec 2012)

LPL Financial, the largest independent broker-dealer in the US, is being sued by Massachusetts securities regulators for "numerous regulatory violations in connection with the sale of non-traded REITs." We have covered non-traded REITs extensively on this blog, as well as in a detailed working paper, and it appears that many of the problems that have been identified with these products are finally attracting attention from regulators.

According to the complaint, the action is specifically...

Deliverable Interest Rate Swap Futures

(Dec 2012)

Interest rate swaps are important tools used by many financial and non-financial firms to manage their interest rate exposure. Earlier this week, the CME Group launched a new derivative product called Deliverable Interest Rate Swap Futures with the contention that the product offers "maximum efficiency for managing interest rate exposure." This move is close in spirit to the recent move by the Eris Exchange to offer interest rate swaps on an open exchange. Both of these products are designed...

SEC Litigation Releases: Week in Review - December 7th, 2012

(Dec 2012)

SEC Secures Trial Victory and Obtains Over $2.1 Million in Disgorgement and Penalties in Market Manipulation Case
December 6, 2012, (Litigation Release No. 22561)
A final judgment was entered against brothers Mayer Amsel and David Amsel "following a bench trial in a market manipulation case involving the securities of a company known as East Delta Resources Corp." The final judgment orders the brothers to pay, jointly and severally, over $2.4 million in disgorgement, pre-judgment interest, and...

SEC Litigation Releases: Week in Review - November 30th, 2012

(Nov 2012)

SEC v. John H. Pamplin, Jr.
November 29, 2012, (Litigation Release No. 22550)
According to the complaint (opens to PDF), former TurboChef Technologies, Inc. employee John H. Pamplin, Jr. traded with insider information regarding TurboChef's pending acquisition by The Middleby Corporation in 2008 which resulted in a $68,000 illicit profit. According to the SEC, Pamplin violated the Exchange Act. The SEC seeks "permanent injunctive relief, disgorgement, pre-judgment interest, and civil...

SEC Charges KCAP Financial with Overvaluing Assets

(Nov 2012)

The SEC alleges that KCAP Financial, a publicly traded business development company (BDC), did not accurately report the fair value of its corporate debt and collateralized loan obligation (CLO) assets during the financial crisis, thereby misleading investors. According to the press release, KCAP valued some of their assets at cost, not at fair market value, overstating the net asset value by over 25% during the peak of the financial crisis.

BDCs are similar to REITs in that they hold...

JOBS Act Double-Take

(Nov 2012)

Senator Carl Levin (D-MI) and colleagues have written two letters (here and here)to the SEC "to express [Congress's] concerns with, and offer improvements to, the Commission's Proposed Rule to implement Section 201 of the Jumpstart Our Business Startups Act (the JOBS Act)." Basically, the Senators argue that the SEC has misinterpreted the JOBS Act as allowing for widespread solicitation for private placement investments, when apparently Congress had no such intent. From the second letter:

In...

SEC Litigation Releases: Week in Review - November 2nd, 2012

(Nov 2012)

Commission Files Subpoena Enforcement Action Against Adam Bielski
November 1, 2012, (Litigation Release No. 22525)
On October 24, 2012, the SEC filed an application for "an order to enforce an investigative subpoena served on Adam Bielski." In August the SEC "issued a formal order of private investigation authorizing its staff to investigate...potential compliance and security deficiencies at a Massachusetts-based investment adviser...registered with the Commission." Specifically, the staff...

29 Results

1
2
3
>