Sample Deferred Prosecution Agreement from the SEC Deferred Prosecution Agreements – where a wrongdoer agrees to cooperate with the government, and the government agrees not to prosecute the wrongdoer – are the stuff that television police shows are made of. We don’t see them too often in our securities defense […]
Brokers
Commentary, news and links of interest to financial advisers.
Registration of Investment Advisers
What you need to know to start an investment advisory firm. By Mark J. Astarita, Esq. Entities and individuals who provide investment advice to others are subject to regulation by federal and state regulators. Before providing any type of financial advise to anyone, prospective advisers must determine what the regulatory […]
Prime Bank Promoter Sentences to 30 Years
$74 Million dollar scheme, defrauded over 3,200 investors according to SEC By Mark J. Astarita, Esq. The Commission announced the promoter of a fraudulent prime bank scheme, which raised over $74 million from at least 3,200 U.S. and Canadian victims was sentenced to 30 years in prison. The promoter was […]
NASDAQ Obtains Authority to Halt Trading in OTCBB Stocks
SEC Approves rule change, NASD Notice to Members 00-41 By Mark J. Astarita, Esq. On May 22, 2000, SEC approved a rule change that allows The Nasdaq Stock Market to impose trading and quotation halts in securities quoted in the OTC Bulletin Board. Under the rule change, Nasdaq will halt […]
NAC Upholds Due Process
NASD Adjudicatory Council Strikes Case Because of Delays Follows SEC Lead in Upholding Rights to Due Process and Fundamental Fairness after 7-year delay in commencing proceedings. By Mark J. Astarita, Esq. Delays by regulators in bringing enforcement actions is a recurring problem for brokers and firms, as well as their […]
Hedge Fund Creation, Regulation and Compliance
By Mark J. Astarita, Esq. In its most expansive definition, a hedge fund is a private investment fund, usually structured as limited partnership, managed by the general partner who makes the investment decisions and collects a management and incentive fee. The investors in the fund are the limited partners, who […]
NASD Expungement Proposal Tramples Brokers Rights
NASDR Proposal Contains Provisions to Continue Ignoring the Awards of Its Own Arbitrators, and to Fine Brokers Who Attempt to Obtain Relief From the Courts. By Mark J. Astarita, Esq. The problems associated with the NASD’s CRD Disclosure System are well known to visitors to SECLaw.com, as we have written […]
Everyone Does It Defense Falls Short.
Even coupled with the ever popular “I didn’t know it was a crime” defense, an Investment Advisor loses. Lessons in securities regulation for the self-help minded. By Mark J. Astarita, Esq. Too often I hear clients, or more appropriately, potential clients, explain to me that they did not use […]
Email Pump and Dump Scams Revealed
SEC Cracks Down on Email Pump and Dumps Seven Actions Against 31 Defendants For Violations in Connection with Email and Website Stock Promotions By Mark J. Astarita, Esq. For those of you who are tempted to follow the “investment advice” that you receive in emails, or that you find on […]
Calling England
Foreign Countries Have Their Own Securities Regs, and You Have to Comply With Them Too. By Mark J. Astarita, Esq. Financial professionals who are looking to solicit foreign investors have more to consider than the United States securities laws. Just like the United States has an interest in protecting its citizens […]
