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Enforcement Actions: Week in Review - April 17th, 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 10th, 2015

SEC ENFORCEMENT ACTIONS

SEC Charges Firms and Individuals for Defrauding Investors in Cellular Licensing Scheme
April 6, 2015 (Litigation Release No. 57)
Twelve companies and six individuals have been charged with defrauding investors in a scheme involving falsely advertised securities based on licenses for cellular spectrum bands. The alleged orchestrators of the scheme are David Alcorn and Kent Maerki, cofounders of Janus Spectrum LLC. The SEC alleges that third-party fundraisers sold...

Enforcement Actions: Week in Review - April 3rd, 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 - March 27th, 2015

SEC ENFORCEMENT ACTIONS

SEC Proposes Rule to Require Broker-Dealers Active in Off-Exchange Market to Become Members of National Securities Association
March 25, 2015 (Litigation Release No. 48)
The SEC has proposed a rule amendment to increase oversight of proprietary trading firms, some of which engage in high-frequency trading. The rule would require that broker-dealers not trading on exchanges must become members of a national securities association. Currently, membership is not...

Enforcement Actions: Week in Review - March 20th, 2015

SEC ENFORCEMENT ACTIONS

Corporate Insiders Charged for Failing to Update Disclosures Involving "Going Private" Transactions
March 13, 2015 (Litigation Release No. 47)
Major shareholders of three different companies have been charged by the SEC for failing to disclose their intentions to privatize. "Beneficial owners" that acquire over 5% voting power are required to file a Schedule 13D with the SEC. This form contains information about the beneficial owners including the intentions behind...

Enforcement Actions: Week in Review - March 6th, 2015

SEC ENFORCEMENT ACTIONS

SEC Suspends Trading in 128 Dormant Shell Companies to Put Them Out of Reach of Microcap Fraudsters
March 2, 2015 (Litigation Release No. 44)
The SEC has announced the suspension of trading in 128 inactive penny stock companies in order to avoid pump-and-dump schemes from microcap fraudsters. The SEC uses Operation Shell-Expel, a microcap fraud-fighting initiative which began in 2012, to search the over-the-counter marketplace in order to prevent microcap fraudsters...

Enforcement Actions: Week in Review - March 2nd, 2015

SEC ENFORCEMENT ACTIONS

SEC Charges Goodyear with FCPA Violations
February 24, 2015(Litigation Release No. 38)
The SEC found Goodyear Tire & Rubber Company to be in violation with the Foreign Corrupt Practices Act (FCPA) due to bribes paid by subsidiaries in Kenya and Angola to land tire sales. According to the SEC, Goodyear failed to prevent or detect over $3.2 million in bribes over a four-year period. Bribes were paid to employees of private companies and government-owned entities and...

Enforcement Actions: Week in Review - February 23rd, 2015

SEC ENFORCEMENT ACTIONS

SEC Halts Colorado-Based Pyramid Scheme
February 18, 2015(Litigation Release No. 35)
The SEC has announced fraud charges against and emergency asset freezes on Kristine L. Johnson and Troy A. Barnes for their involvement in an alleged Ponzi/pyramid scheme. The SEC alleges that Johnson and Barnes' company, Work With Troy Barnes Inc., raised over $3.8 million since April of last year by luring investors in with promises of 700% returns. These returns were claimed to...

Enforcement Actions: Week in Review - February 13th, 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...

Oil and Gas DPPs From Just Two Sponsors Have Caused $3.7 Billion in Losses

We have written extensively about direct participation programs, or DPPs. See our blog posts on non-traded REITs and our discussion about equipment leasing DPPs. Oil and gas DPPs are another strain of the DPP epidemic: illiquid exposure to an existing underlying asset, loaded with confiscatory fees, conflicts of interest and unnecessary risk.

Oil and gas DPPs use some of investors' money to drill and operate oil and gas wells. Oil and gas DPPs are sponsored and managed either by investment...

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