Tag Archives: SEC


SEC Charges Golf Buddies in Insider Trading Ring

July 15, 2014 Dear Friends, The SEC charged a group of golfers with trading on material non-public information (MNPI), resulting in over $500,000 in illegal profits. The golfers must return their ill-gotten gains, with interest, and pay penalties of up to three times their gains. The MNPI source belonged to the same country club as the ringleader, who fed the […]

SEC Provides Guidance on Accredited Investor Verification

Dear Friends, The SEC has issued guidance on accredited investor verification methods for managers engaging in a general solicitation.  Specifically, the SEC narrowed its list of non-exclusive safe harbor verification methods as follows: Income: (a) If tax documents reflecting the purchaser’s income for the two most recent years are not yet available, the issuer could rely on IRS forms for the two most […]

SEC Charges Traders with Reg. M Violations

July 2, 2014  Dear Friends,  Today, the SEC charged five traders with violating Rule 105 of Regulation M – short selling in connection with a public offering (Reg. M).  The traders agreed to pay a collective fine of nearly $750,000.  Reg. M prohibits purchasing securities in follow-on and secondary offerings when the purchaser has effected short sales in the securities […]

July 1, 2014   Dear Friends,   Recently the SEC provided guidance on the application of the Custody Rule to private funds utilizing special purpose vehicles (SPVs) or post-closing escrow accounts. SPV: Generally, as long as an SPV is owned by the investment adviser, the adviser’s related person(s) or pooled investment vehicle(s) controlled by the adviser or the adviser’s related […]

SEC Charges Firm with Pay-To-Play Violation

June 26, 2014 Dear Friends, For the first time, the SEC charged an investment adviser with violating the pay-to-play rules adopted in 2010. The firm paid an almost $300,000 fine due to $4,500 in campaign contributions made to a Philadelphia mayoral candidate and the Governor of Pennsylvania. The firm continued to accept fees from two public pension funds, within two years […]

SEC Charges Hedge Fund With Whistleblower Retaliation

Dear Friends, For the first time the SEC filed a case under its new authority to bring anti-retaliation enforcement actions. The SEC charged a hedge fund with engaging in prohibited principal transactions and retaliating against the whistleblower. The firm agreed to pay $2.2 million and to hire an independent compliance consultant. The CIO conducted transactions between the hedge fund and […]

SEC Chairman Announces Far-Reaching Initiatives

   Dear Friends, SEC Chairman Mary Jo White announced several far-reaching initiatives and rule proposals that would affect virtually every aspect of the stock market. She focused on the impact of computer-driven trading and the importance of updating the SEC’s regulatory regime accordingly. Notably, Chairman White proposed a rule that could require high-frequency traders to register as broker-dealers. Additionally, she […]

SEC Provides Guidance on Testimonials and Social Media

Dear Friends, On March 31, 2014, the SEC issued Guidance regarding Rule 206(4)-1(a)(1) of the Investment Advisers Act (“the testimonial rule”) and social media. The SEC generally prohibits client testimonials. However in its guidance, the SEC said client testimonials on independent social media sites are permissible, in certain circumstances, with the following important considerations: An investment adviser (“IA”) or investment […]

SEC Charges Men with Insider Trading on Information From Wives

Dear Friends, On March 31, 2014, the SEC announced the following charges against two men that traded on confidential information from their wives: Tyrone Hawk overheard his wife’s work calls indicating that her company, Oracle Corp., was planning to acquire Acme Packet Inc.  Hawk violated a duty of trust when he purchased Acme Packet shares prior to the acquisition and […]

FINRA Bonus Disclosure Rule to SEC

Dear Friends, On March 10, 2014, FINRA filed a proposal with the SEC requiring brokers who receive more than $100,000 in incentive compensation to switch firms, to disclose to clients how much they are paid. Brokers would disclose a compensation range in $500,000 to $1,000,000 bands. The proposed rule was approved by FINRA in September 2013, in an effort to […]