SEC Litigation Releases: Week in Review - July 12th, 2013
(Jul 2013)
Serial Fraudster Matthew J. Gagnon Sentenced to Five Years in Prison
July 11, 2013, (Litigation Release No. 22749)
This week Matthew J. Gagnon was sentenced to "five years of incarceration followed by three years of supervised release and ordered...to pay over $4.4 million in restitution to his victims." Gagnon had pleaded guilty to "one count of criminal securities fraud for promoting a securities offering without fully disclosing the amount of his compensation in connection with his...
Reuters to Stop Sneak Peek of Consumer-Confidence Data
(Jul 2013)
Thomson Reuters will no longer be offering investors an early look at the results of the University of Michigan consumer-confidence survey, the NY Times reported yesterday and the Wall Street Journal is reporting this morning. The move was prompted by an investigation by the NY Attorney General and would likely be temporary while the investigation is ongoing.
We talked about this story a bit last week, emphasizing the in depth analysis conducted by Nanex, LLC on high frequency trading data...
SEC Litigation Releases: Week in Review - July 5th, 2013
(Jul 2013)
SEC Obtains Freeze On Proceeds from Unlawful Distribution of Biozoom Securities
July 3, 2013, (Litigation Release No. 22742)
According to the complaint, eight Argentine citizens "unlawfully sold millions of shares" of Biozoom, Inc. (formerly Entertainment Art, Inc.) "in unregistered transactions" while two other Argentine citizens, Fernando Loureyro and Mariano Graciarena, also had received shares of Biozoom "but had not yet sold them." According to the SEC, from March to June 2013, the ten...
SEC Litigation Releases: Week in Review - June 28th, 2013
(Jun 2013)
Court Enters Final Judgments Against JBI, Inc. and Former Officer in Accounting Fraud Case
June 27, 2013, (Litigation Release No. 22735)
Final judgments were entered against JBI, Inc. and John W. Bordynuik, "two defendants in a fraud action filed by the Commission in 2012." In its original complaint, the SEC alleged that JBI, Bordynuik (JBI's former CEO) and Ronald Baldwin Jr. (JBI's former CFO) engaged in a scheme that allowed JBI to state "materially false and inaccurate financial...
FINRA Fines StateTrust for Charging Unfair Prices in Fraudulent Bond Transactions
(Jun 2013)
We've been discussing markups a lot on the blog recently -- including an entire week devoted to markups in municipal bonds. Yesterday FINRA announced that it fined StateTrust Investments and their head trader, Jose Luis Turnes, for charging excessive markups and markdowns on hundreds of corporate bond transactions.1 The letter of acceptance, waiver and consent (AWC) is available to view online.
According to FINRA, StateTrust charged prices customers much more, or paid them much less, than the...
SEC Litigation Releases: Week in Review - June 21st, 2013
(Jun 2013)
SEC Charges San Diego-Based Promoter in Penny Stock Scheme
June 19, 2013, (Litigation Release No. 22730)
According to the complaint, David F. Bahr "artificially increased the trading price and volume" of penny stocks in iTrackr Systems "when he conspired with a purported businessman with access to a network of corrupt brokers." Bahr had arranged the fraudulent purchase of $2.5 million worth of shares in iTrackr with this businessman and "during a test run of their arrangement, Bahr paid a...
Foreign Exchange Rate Fixing
(Jun 2013)
Bloomberg News recently reported that traders at some of the world's largest banks have been in the business of rigging foriegn exchange (FX) rates. An FX rate essentially tells you how much of one currency you can buy with another currency: for example, currently you can buy about 100 Japanese yen for each US dollar. The rates affect "trillions of dollars of investments" according to Bloomberg, since they are used for the valuation of portfolios, derivatives, and even equity and fixed...
Reverse Convertibles and Event Risk
(Jun 2013)
Reverse convertibles are short-term debt securities issued by banks whose return of principal at maturity is contingent upon the returns of the linked stock. Although these notes typically pay relatively high coupons, they expose investors to losses on the underlying asset, especially if those losses are beyond the trigger level. Academic research shows that these coupons are not adequately compensating the investor for the market risk that they are bearing by investing in the notes. For...
SEC Litigation Releases: Week in Review - June 14th, 2013
(Jun 2013)
Former Yahoo Executive Settles SEC Insider Trading Case
June 12, 2013, (Litigation Release No. 22726)
A final judgment was entered against Robert W. Kwok, a former Senior Director of Business Management at Yahoo! Inc., for allegedly trading on nonpublic information "concerning Yahoo and Moldflow Corporation." According to the SEC, in April 2008 Kwok learned of an upcoming acquisition of Moldflow by Autodesk, Inc. from Reema Shah, "a former mutual fund and hedge fund portfolio manager at...
