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Last Entry: March 31, 2011 at 16:18:26

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Participants in "Free Lunch" Fraud Sentenced

Posted on September 29, 2008
A California judge sentenced the last of three men to prison after they were convicted of 522 felony charges in a fraudulent scheme that was the subject of a prior enforcement action brought by the SEC. The fraud raised more...


What's Next?

Posted on September 29, 2008
Statement by Assistant Secretary Michele Davis on Emergency Economic Stabilization Act Vote: "The Secretary will be consulting with the President, the Chairman of the Federal Reserve, and Congressional leaders on next steps. In the meantime, we stand ready to work...


Citigroup Will Acquire Wachovia's Banking Operations with FDIC Assistance

Posted on September 29, 2008
Citigroup and Wachovia reached an agreement-in-principle for Citi to acquire Wachovia's banking operations in An FDIC-assisted transaction. The acquisition will result in a retail bank with 9.8% U.S. market deposit share and total deposits globally of $1...


Congress Considers Emergency Economic Stabilization Act

Posted on September 29, 2008
Here is the text of the Emergency Economic Stabilization Act of 2008 as posted today on Nancy Pelosi's website. The bill is described on the website, as follows: PROTECTION FOR TAXPAYERS, REQUIRING A PLAN TO BE REPAID IN FULL Requiring...


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Pritchard & Thompson on New Deal Justices

Posted on September 28, 2008
Securities Law and the New Deal Justices, by Adam C. Pritchard, University of Michigan Law School, and Robert B. Thompson, Vanderbilt University - School of Law; Vanderbilt University - Owen Graduate School of Management, was recently posted on SSRN. Here...


Poser on Securities Fraud

Posted on September 28, 2008
Securities Fraud and the Common Law, by Norman S. Poser, Brooklyn Law School, was recently posted on SSRN. Here is the abstract: In early cases, the federal courts held that securities fraud was not limited to common law fraud when...


Ball on Accounting Scandals

Posted on September 28, 2008
Market and Political/Regulatory Perspectives on the Recent Accounting Scandals, by Ray Ball, University of Chicago, was recently posted on SSRN. Here is the abstract: Not surprisingly, the recent accounting scandals look different when viewed from the perspectives of the political/regulatory...


Cox on Survival Strategies for the SEC

Posted on September 28, 2008
Coping in a Global Marketplace: Survival Strategies for a 75-Year-Old SEC, by James D. Cox, Duke University School of Law, was recently posted on SSRN. Here is the abstract: Notwithstanding cynicism to the contrary, data bears witness to the fact...


Gerding on the Subprime Crisis

Posted on September 28, 2008
The Subprime Crisis and the Outsourcing of Financial Regulation to Financial Institution Risk Models: Code, Crash, and Open Source, by Erik F. Gerding, University of New Mexico - School of Law, was recently posted on SSRN. Here is the abstract:...


Velasco on Shareholder Ownership

Posted on September 28, 2008
Shareholder Ownership and Primacy, by Julian Velasco, Notre Dame Law School, was recently posted on SSRN. Here is the abstract: According to the traditional view, the shareholders own the corporation. Until recently, this view enjoyed general acceptance...


Bebchuk on Plan for Addressing Financial Crisis

Posted on September 28, 2008
A Plan for Addressing the Financial Crisis, by Lucian Arye Bebchuk, Harvard Law School; National Bureau of Economic Research (NBER), was recently posted on SSRN. Here is the abstract: This paper critiques the proposed emergency legislation for spending $700 billion...


FINRA Proposes Increase in Amount for One-Arbitrator Cases

Posted on September 28, 2008
FINRA announced it has filed a proposed rule change with the SEC to have investor cases with claims of up to $100,000 in dispute heard by a single public arbitrator, an increase from $50,000. One arbitrator would be assigned to...


Cox Ends CSE Program; SEC's Inspector General Criticizes SEC Oversight of Bear Stearns

Posted on September 28, 2008
On Sept. 26 SEC Chair Cox announced that the Consolidated Supervised Entities (CSE) program, created in 2004 as a way for global investment bank conglomerates that lack a supervisor under law to voluntarily submit to regulation, was ending. This is...


Former Biopure Executive Indicted for Lying to SEC

Posted on September 25, 2008
On September 24, 2008, Howard Richman, the former head of regulatory affairs of Biopure Corporation, was indicted by a grand jury convened by the United States Attorney for the District of Massachusetts for lying and obstructing justice in an SEC...


SEC Charges Pump & Dump Scheme Against Electronics Tech Company

Posted on September 25, 2008
The SEC filed a civil injunctive action against Video Without Boundaries, Inc. (also known as China Logistics Group Inc.) (Video), an electronics and entertainment technology company, its former CEO and Principal Financial and Accounting Officer, Vernon Jeffrey Harrell (Harrell), and...


Bally Technologies Settles Accounting Charges

Posted on September 25, 2008
The SEC settled charges that Bally Technologies, Inc. (Bally) materially misstated its reported revenue in its financial statements for the fiscal year ended June 30, 2003, the first two quarters of fiscal 2004, and the second and third quarters of...


Sirios Capital Management Settles Reg M Charges

Posted on September 25, 2008
The SEC settled charges against Sirios Capital Management, L.P. (Sirios). According to the SEC, on two occasions on or about Aug. 7, 2003, and on or about March 13, 2006, Sirios willfully violated Rule 105 of Regulation M in connection...


Beazer Homes Settles Fraudulent Earnings Management Charges

Posted on September 25, 2008
Atlanta Homebuilder, Beazer Homes USA, Inc., Settled SEC charges For fraudulent earnings management. According to the SEC, between 2000 and 2007, Beazer fraudulently misstated its net income for the purpose of improperly managing its quarterly and annual earnings...


SEC Charges Biotech Start-Up with False Claims About Anti-Aging Treatments

Posted on September 25, 2008
The SEC charged Telomolecular Corp. and two of its former executives for their roles in a stock scheme based on false claims to investors that the biotechnology start-up company was on the verge of financial and scientific success in developing...


SEC Settles Charges That Illegal Day Trading Operation Targeted Hispanic Community

Posted on September 25, 2008
The SEC filed a civil injunctive action in federal District Court for the Southern District of Florida against Ricardo H. Goldman for fraudulently operating an unregistered securities day trading firm that primarily targeted investors in the Hispanic community...


SEC Announces Roundtable on Disclosure

Posted on September 25, 2008
The SEC will hold a roundtable on October 8 to discuss ways to modernize its disclosure system to give investors more useful and timely information for investment decision-making. The roundtable is part of the SEC's 21st Century Disclosure Initiative launched...


SEC Posts Final Rules on Foreign Issuer Reporting Enhancements

Posted on September 24, 2008
The SEC's final rules on FOREIGN ISSUER REPORTING ENHANCEMENTS are now posted on its website.


SEC Charges 4 with Stock Loan Fraud

Posted on September 24, 2008
On September 24, 2008, the SEC filed a civil injunctive action in the United States District Court for the Southern District of New York charging three individuals and a corporate entity involved in the securities lending, or ?stock loan,? business...


SEC Charges Six in Stock Loan Fraud

Posted on September 24, 2008
On September 24, 2008, the SEC filed a civil injunctive action in the United States District Court for the Eastern District of New York charging four individuals and two corporate entities involved in the securities lending, or ?stock loan,? business...


SEC's Guidance on Short-Selling

Posted on September 24, 2008
The SEC's Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets posted on its website Guidance Regarding the Commission's Emergency Order Concerning Disclosure of Short Selling.


SEC Charges Investment Adviser with Failure to Disclose Conflict of Interest

Posted on September 24, 2008
The SEC charged WealthWise LLC and its principal Jeffrey A. Forrest with fraud for failing to disclose a material conflict of interest when recommending that their clients invest in a hedge fund that made undisclosed subprime and other high-risk investments...


Court Finds for SEC in Hedge Fund Fraud Case

Posted on September 24, 2008
A federal district court granted the SEC's motion for summary judgment against Michael Lauer, the architect of a massive billion-dollar hedge fund fraud. The court found that Lauer?s fraud as head of two Connecticut-based companies ? Lancer Management Group and...


Buffett Bails Out Goldman Sachs

Posted on September 24, 2008
Goldman Sachs announced that it has reached an agreement to sell $5 billion of perpetual preferred stock to Berkshire Hathaway, Inc. in a private offering. The preferred stock has a dividend of 10 percent and is callable at any time...


AmSouth Settles Action Alleging Improper Use of Administrative Fees

Posted on September 23, 2008
The SEC issued an enforcement action against AmSouth Bank and AmSouth Asset Management (AmSouth) for defrauding AmSouth mutual funds by secretly using a portion of administrative fees paid by fund shareholders for marketing and other unrelated expenses that should have...


Treasury Secretary Paulson Testifies before Senate Banking Committee

Posted on September 23, 2008
From Treasury Secretary Paulson's Testimony before the Senate Banking Committee on Turmoil in US Credit Markets: Recent Actions regarding Government Sponsored Entities, Investment Banks and other Financial Institutions, Sept. 23, 2008: Over these past days, it has become clear that...


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