We have written about the SEC’s Wells process in the past. A Wells Notice is a notice from a regulator that it intends to bring enforcement proceeding against the recipient, and offering the opportunity to argue against those charges. In my article Responding to a Wells Notice, I examined the […]
Tag: Securities Defense Attorney
Insider Trading Settlement in Blue Apron Stock
The SEC has announced the settlement of an insider trading investigation with David J. Minson in the securities of Blue Apron Holdings, Inc. based on material nonpublic information that Minson misappropriated from an immediate family member, a senior executive at Blue Apron(the “Blue Apron Executive”). According to the settlement document, […]
SEC Names Judge Margaret Ryan as Director of the Division of Enforcement
The Securities and Exchange Commission announced that Judge Margaret “Meg” Ryan has been named Director of the Division of Enforcement, effective Sept. 2, 2025. Acting Director of Enforcement Sam Waldon will return to his previous role as Chief Counsel for the Division. From the Press Release: “I am thrilled […]
Should Brokers and Firms Share a Lawyer?
By Mark J. Astarita, Esq. A repeating question on my website comes from brokers who are named in an arbitration proceeding by a customer, and whose firm offers to provide an attorney to represent both the broker and the firm. The question is always, do I need my own attorney? […]
SEC Charges Investment Adviser and Firm for Fraud and Breaching Fiduciary Duties
The Securities and Exchange Commission (SEC) has filed charges against David Yow Shang Chiueh, an investment adviser based in East Hanover, New Jersey, along with his firm, Upright Financial Corp. The charges stem from multiple violations, including excessive investment concentration and fraudulent activities that led to significant financial losses for […]
SEC Charges Investment Adviser and Two Officers for Misuse of Fund and Portfolio Company Assets
SEC Takes Action Against Investment Adviser and Executives Over Misappropriation of Assets Washington, D.C., March 7, 2025 – The Securities and Exchange Commission (SEC) has announced settled charges against registered investment adviser Momentum Advisors LLC, along with its former managing partner Allan J. Boomer and former chief operating officer Tiffany […]
How SEC Investigations Work: Process, Defense Strategies & Legal Guidance
Introduction SEC Investigations, and ultimately SEC enforcement proceedings, can be disruptive and devastating events for individuals and corporations. Hiring an experienced securities defense attorney is crucial. Understanding what to expect during the SEC investigation will also help you achieve your desired result. We are former SEC Staff Attorneys, and Broker-Dealer […]
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 […]
Advisers Settle SEC Charges for Acting as Unregistered Brokers
SEC Takes Action Against VCP Financial and Investment Advisers for Regulatory Violations Investment Advisers Caught Selling Pre-IPO Investments Without Proper Registration The SEC has announced settled charges against three investment adviser representatives—Tamir Shabat, Danny Z. Spiegel, and Joseph J. Orlando, Jr.—for operating as unregistered brokers while selling membership interests in […]
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 […]