Mark Astarita – Moving clients from a fee based account to an advisory account can cause some problems if not handled properly. This case underscores the fact that regulatory authorities continue emphasizing the importance of transparency, proper disclosures, and prioritizing clients’ best interests in financial advisory services. Investment professionals must […]
Tag: SEC Enforcement
Exemption From Exchange Act Rule 13f-2 and Related Form SHO
Temporary Exemption from SEC Rule 13f-2 Compliance The Securities and Exchange Commission (SEC) has announced a temporary exemption from compliance with Rule 13f-2 under the Securities Exchange Act and Form SHO reporting requirements. Due to this exemption, institutional investment managers meeting specific thresholds must now submit their initial Form SHO […]
An SEC Subpoena, FINRA OTR. 2025 Update.
By Mark J. Astarita, Esq. Understanding the implications of an SEC subpoena is crucial for those involved in securities law. WHILE BROKERS OFTEN BECOME upset or even angry when they are named in customer arbitration; nothing strikes fear in the hearts of licensed individuals as much as receiving an […]
UPS to Pay $45 Million Penalty for Improperly Valuing Business Unit
The SEC has announced today that United Parcel Service Inc. (UPS) has settled charges for misleading investors by failing to adhere to generally accepted accounting principles (GAAP) in valuing one of its underperforming business units, UPS Freight. Key Details of the Misrepresentation Inflated Valuation of UPS Freight in 2019 […]
SEC Announces Enforcement Results for Fiscal Year 2024
The Securities and Exchange Commission (SEC) unveiled its enforcement results for fiscal year 2024, achieving historic financial remedies of $8.2 billion while filing 583 enforcement actions. While the release has tones of a self-promoting puff piece, here is a summary of what the SEC claims it has accomplished in 2024 […]
Invesco Advisers Faces SEC Penalty for Misleading ESG Claims
In a recent enforcement action, the U.S. Securities and Exchange Commission (SEC) penalized Invesco Advisers, Inc., accusing the investment management firm of making deceptive claims regarding the percentage of its assets under management (AUM) that incorporated environmental, social, and governance (ESG) factors. This Atlanta-based investment adviser agreed to a $17.5 […]
JP Morgan Affiliates to Pay $151 Million to Resolve SEC Enforcement Actions
Oct. 31, 2024 — The Securities and Exchange Commission today charged J.P. Morgan Securities LLC (JPMS) and J.P. Morgan Investment Management Inc. (JPMIM) – both affiliates of JPMorgan Chase & Co. (JP Morgan) – in five separate enforcement actions for failures including misleading disclosures to investors, breach of fiduciary duty, […]
SEC Charges Four Companies With Misleading Cyber Disclosures
Introduction to the SEC’s Recent Cybersecurity Charges The Securities and Exchange Commission (SEC) recently announced charges against four major corporations: Unisys Corp., Avaya Holdings Corp., Check Point Software Technologies Ltd, and Mimecast Limited. These companies were accused of making materially misleading disclosures regarding cybersecurity risks and incidents. Additionally, Unisys faced […]
SEC Division of Examinations Announces 2025 Priorities
2025 SEC Examination Priorities: A Comprehensive Overview for Investors and Registrants The Securities and Exchange Commission (SEC) has unveiled its examination priorities for 2025, setting the agenda for monitoring compliance and mitigating risks in U.S. capital markets. This annual update informs investors, registrants, and financial institutions about the key focus […]
SEC Charges DraftKings with Selectively Disclosing Nonpublic Information Via CEO’s Social Media Accounts
The Securities and Exchange Commission (SEC) recently charged DraftKings Inc. with a significant violation of Regulation Fair Disclosure (FD) for selectively sharing nonpublic information. The violation occurred when material information was disclosed via social media platforms, resulting in a $200,000 civil penalty. This article delves into the SEC charges against […]








