Enforcement Actions: Week in Review - April 17th, 2015
(Apr 2015)
SEC ENFORCEMENT ACTIONS
SEC Halts Investment Scheme Targeting Military Personnel
April 14, 2015 (Litigation Release No. 66)
The SEC has charged Leroy Brown Jr. and his firm, LB Stocks and Trades Advice LLC, with securities fraud and conducting an unregistered securities offering and ordered an asset freeze against Brown. Brown fabricated his stock broking experience to prospective clients telling them that he had many years of experience in securities and that he had all the necessary...
Enforcement Actions: Week in Review - April 3rd, 2015
(Apr 2015)
SEC ENFORCEMENT ACTIONS
SEC Announces Fraud Charges Against Investment Adviser Accused of Concealing Poor Performance of Fund Assets from Investors
March 30, 2015 (Litigation Release No. 52)
The SEC has announced charges against Lynn Tilton and her firms Patriarch Partners LLC, Patriarch Partners VIII LLC, Patriarch Partners XIV LLC, and Patriarch Partners XV LLC for misleading clients of the performance of their collateralized loan obligation (CLO) funds. According to the investigation,...
Enforcement Actions: Week in Review - February 13th, 2015
(Feb 2015)
SEC ENFORCEMENT ACTIONS
SEC Proposes Rules for Hedging Disclosure
February 9, 2015(Litigation Release No. 26)
The SEC has announced the approval of the issuance of proposed rules. The proposed rules require a company to disclose whether its directors, officers, and other employees are permitted to hedge the company's equity securities. The proposed rules are mandated by Section 955 of the Dodd-Frank Act, and the rules are intended to better inform shareholders by increasing the...
Enforcement Actions: Week in Review - February 6th, 2015
(Feb 2015)
SEC ENFORCEMENT ACTIONS
SEC Alerts Investors, Industry on Cybersecurity
February 3, 2015(Litigation Release No. 20)
The SEC released a couple of publications regarding cybersecurity threats at brokerage and advisory firms. One publication focused on how firms should identify risks, establish policies, procedures, and oversight processes, protect networks and information, identify risks associated with remote access to client information and transfer requests, and detect unauthorized...
Enforcement Actions: Week in Review - January 2nd, 2015
(Jan 2015)
SEC ENFORCEMENT ACTIONS
SEC Announces Charges Against N.Y.-Based Firm and Three Executives Accused of Siphoning Investor Money
December 29, 2014 (Litigation Release No. 294)
The SEC has charged VERO Capital Management, its president, general counsel, and CFO with channeling investors' money into a side venture. Robert Geiger, George Barbaresi and Steven Downey managed a pair of funds invested primarily in mortgage-backed securities at VERO Capital Management. The SEC alleges that, while in...
Enforcement Actions: Week in Review - December 19th, 2014
(Dec 2014)
SEC ENFORCEMENT ACTIONS
SEC Charges Massachusetts-Based Scientific Instruments Manufacturer with FCPA Violations Rules
December 15, 2014 (Litigation Release No. 280)
The SEC charged Bruker Corporation approximately $2.4 million for violating the Foreign Corrupt Practices Act (FCPA). Bruker Corporation had insufficient internal controls which lead to approximately $230,000 in improper payments to various Chinese government officials. The improper payments enabled Bruker to realize...
Enforcement Actions: Week in Review - October 10th, 2014
(Oct 2014)
SEC ENFORCEMENT ACTIONS
SEC Obtains Final Judgment Against Paul T. Mannion, Jr., Andrew S. Reckles, Pef Advisors LLC, and Pef Advisors Ltd.
October 8, 2014 (Litigation Release No. 23108 )
The SEC announced that on September 29, 2014, the US District Court for the Northern District of Georgia entered a final judgment against Paul T. Mannion, JR., Andrew S. Reckles, PEF Advisors LLC and PEF Advisors Ltd. The Court found that Mannion and Reckles, co-owners of both PEF Advisors entities, had...
Enforcement Actions: Week in Review - October 3rd, 2014
(Oct 2014)
SEC ENFORCEMENT ACTIONS
SEC v. Patrick G. Rooney, John R. Rooney, and Positron Corporation, Civil Action No. 9:14-cv-81224-KAM (U.S. District Court for the Southern District of Florida)
October 3, 2014 (Litigation Release No. 23103)
The SEC announced that on September 30, it had filed a civil injunctive action against Positron Corporation, Patrick Rooney, the company's former CEO and John R. Rooney, a promoter of penny stocks. Positron, a microcap company, as well as Patrick Rooney and...
Enforcement Actions: Week in Review - June 6th, 2014
(Jun 2014)
SEC ENFORCEMENT ACTIONS
SEC Obtains Final Judgment Against Charles J. Dushek, Charles S. Dushek, and Capital Management Associates, Inc., June 5, 2014, (Litigation Release No. 23015)
Final judgments have been entered against Charles J. Dushek, Charles S. Dushek, and their investment advisory firm, Capital Management Associates, Inc., for their involvement in a "cherry-picking" scheme that "garnered the Dusheks nearly $2 million in illicit profits." The final judgment permanently enjoins the...
FINRA Enforcement Actions: Month in Review
(Jun 2014)
MAY 2014 SELECTED FINRA ENFORCEMENT ACTIONS
FIRMS FINED
ABN AMRO Clearing Chicago LLC (CRD #14020, Chicago, Illinois)
ABN AMRO Clearing Chicago LLC consented to a censure and $95,000 fine for allegedly failing "to report short interest positions to the New York Stock Exchange and FINRA on certain settlement dates, and submitt[ing] to FINRA an inaccurate short-interest position report." FINRA found that the firm's supervisory system did not provide for supervision reasonably designed to achieve...