The SEC announced that it has obtained a temporary restraining order and asset freeze against a Nanotech Engineering, a California solar panel company and three executives, who allegedly defrauded more than 100 investors. According to the SEC’s complaint, Nanotech Engineering Inc., CFO Michael James Sweaney, also known as Michael Hatton, […]
Tag: SEC Enforcement
SEC Charges Founder, Digital-Asset Issuer With Fraudulent ICO
The Securities and Exchange Commission today charged a digital-asset entrepreneur and his company with defrauding investors in an initial coin offering (ICO) that raised more than $42 million from hundreds of investors. The SEC‘s complaint alleges that from August 2017 to April 2018, Eran Eyal, founder of UnitedData, Inc. d/b/a Shopin, […]
How Long Does an SEC Investigation Take?
SEC investigations can be a harrowing experience for the witness as well as the targets. One of the first questions my clients ask when faced with a subpoena from the SEC is how long is this going to take? While I hate to give the typical lawyer answer, that answer […]
JPMorgan to Pay More Than $135 Million for Improper Handling of ADRS
The SEC announced that JPMorgan Chase Bank N.A. will pay more than $135 million to settle charges of improper handling of “pre-released” American Depositary Receipts (ADRs). ADRs are U.S. securities that represent foreign shares of a foreign company and they require a corresponding number of foreign shares to be held […]
Merrill Lynch Admits Masking to Defraud Customers
The Securities and Exchange Commission charged Merrill Lynch, Pierce, Fenner & Smith with misleading customers about how it handled their orders. Merrill Lynch agreed to settle the charges, admit wrongdoing, and pay a $42 million penalty. According to the SEC’s order, Merrill Lynch falsely informed customers that it had executed […]
Investment Adviser Charged in Multi-Million Dollar Options Trading Scheme
The SEC alleges that, starting in approximately 2010, Michael Scronic began to raise money from at least 42 friends and acquaintances, many of whom were from his suburban community, in order to invest in a risky options trading strategy. He allegedly lured investors by informing them that he had a long […]
URL-Y WARNINGS
URL-Y WARNINGS BY MARK J. ASTARITA, ESQ. In the late 1990s, a broker at a major wirehouse posted a Web site providing general market information. The broker’s site was being visited by 1,000 potential customers a day. His firm’s reaction? They shut him down out of fear of the new […]
FINRA Enforcement
According to FINRA’s public statements, one of its top priorities is enforcement of its rules, as well as the federal securities laws. FINRA investigates activity which is believes may indicate a securities law violation, and files disciplinary proceedings against firms and their associated persons to address such violations. A FINRA […]
SEC’s Ignorance of Due Process
By Mark J. Astarita, Esq. Introduction The Securities and Exchange Commission decided in May to test it’s new procedure – the one where they get to be the judge, jury and prosecutor, at the same time, and get to impose whatever sanctions they deem appropriate on a broker-dealer. When […]
SEC’s Cheap Shot at Martha Stewart
Again. The Abuse of Power. The second part of the story is undoubted of more interest to securities lawyers, judges, and law professors, but the rest of you should continue reading. Government abuse is a topic that affects all of us and unfortunately happens too often. The abuse involves quests […]