Facing a subpoena can be a daunting experience for individuals and businesses involved in securities-related matters. The SEC wields substantial authority to investigate potential violations of securities laws, and responding to a subpoena demands a keen understanding of the legal process and regulations. To navigate this complex terrain successfully, it’s […]
Enforcement
Linus Financial Agrees to Settle SEC Charges of Unregistered Offer and Sale of Securities
In the appropriate case in our securities defense practice, we sometimes advise clients to self-report a violation and the client’s efforts to correct the violation. The rationale is that the SEC views self-reporting in a positive light when determining sanctions, and the reporting can avoid lengthy and costly investigations and […]
SEC Charges Five Advisory Firms for Custody Rule Violations
We continue to see investigations of advisory firms for violations of the Custody Rule, which has specific requirements for the handling and reporting for firms that hold customer funds. The SEC has an extensive FAQ regarding the rule and the requirements for compliance. As always we are available to assist […]
SEC Charges Private Equity Firm Prime Group for Inadequate Disclosure of Fees Paid to Affiliate
The SEC has taken action against Prime Group Holdings LLC, a private equity firm specializing in alternative real estate assets. The SEC’s charges revolve around the firm’s failure to provide adequate disclosure concerning substantial real estate brokerage fees paid to an affiliate, owned by Prime Group’s CEO.
ETF Manager Settles SEC Charges of Fraudulent Conduct
The SEC has taken action against an ETF Manager, alleging misconduct in the management of an exchange-traded fund (ETF). This scheme involved misleading the ETF’s trustees and securing a whopping $20 million in rescue financing to avert potential bankruptcy. As a result, Masucci and his entities have agreed to a substantial settlement of $4.4 million.
Florida Investment Adviser Settles Insider Trading Allegations with SEC
SEC Files Insider Trading Charges Against Charles Rustin Holzer The SEC has once again taken legal action against Charles Rustin Holzer, a family office executive and former broker. This comes after Holzer settled SEC charges last year related to his trading in options of Dun & Bradstreet Corp. (DNB) based […]
SEC Halts Utah-Based Crypto Asset Fraud Scheme Involving 18 Defendants
The SEC has secured temporary asset freezing, restraining orders, and other emergency measures against Digital Licensing Inc., operating under the name “DEBT Box,” a Draper, Utah-based entity. The action also involves the company’s four principals: Jason Anderson, Jacob Anderson, Schad Brannon, and Roydon Nelson, along with 13 other defendants. This […]
Fund Administrator Settles SEC Charges For Missing Red Flags
The SEC has taken action against Theorem Fund Services LLC (TFS), a Boca Raton-based fund administrator. The charges revolve around TFS’s failure to respond to red flags related to a fraudulent scheme targeting a private fund and its investors. The Background TFS found itself entangled in a web of deception […]
Impact Theory Charged by SEC for Unregistered Offering of Crypto Asset Securities
The Securities and Exchange Commission (SEC) has taken action against Impact Theory, LLC, a prominent media and entertainment company headquartered in Los Angeles. The SEC has charged the company with engaging in an unregistered offering of crypto asset securities through purported non-fungible tokens (NFTs). Impact Theory managed to accumulate approximately […]
Wells Fargo Settles with SEC for Charging Excessive Advisory Fees
The SEC has taken action against Wells Fargo Clearing Services LLC and Wells Fargo Advisors Financial Network LLC (collectively referred to as Wells Fargo). The SEC has charged Wells Fargo for the excessive charging of over 10,900 investment advisory accounts, resulting in more than $26.8 million in undue advisory fees. […]