LexisNexis® Legal Newsroom
Approaching the Home Stretch: Senate Passes "Restoring American Financial Stability Act of 2010"

On May 20, 2010, the Senate passed the "Restoring American Financial Stability Act of 2010" as amended ("Senate Bill"). Congressional leadership has indicated that conference committee proceedings will take place in June, making it likely that the legislation will be passed by the...

House Passes Financial Regulatory Reform Legislation

by Dan Crowley, Karishma Shah Page, Bruce Heiman, Collins R. Clark and Justin D. Holman Excerpt: On December 11, the House of Representatives passed H.R. 4173, the Wall Street Reform and Consumer Protection Act of 2009 (see H.R. 4173 as introduced), by a vote of 223 to 203. Twenty-seven Democrats...

K&L Gates on Dodd-Frank Wall Street Reform: Future Rulemaking and Congressional Activity

Excerpt: On June 30, 2010, the House adopted the conference report on H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Bill" or "Bill"). The Senate is expected to follow suit when it returns from recess later in July. This alert provides a high...

The First Attack on the Accredited Investor Standard

Many of the provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act merely provide for future regulatory framework. That it is in part true for the changing definition of "accredited investor" under the Securities Act. The other part is that the definition changed once...

This Hedge Fund Case May Suggest the Type of Actions to Come

Most of the investment fund cases brought by the SEC in recent months have centered on Ponzi scheme claims. Recent enforcement actions involving hedge funds, however, suggest that perhaps a new trend is coming. Consider for example, the SEC's recent action captioned SEC v. Southridge Capital Management...

The SEC’s Asset Management Unit

Yesterday, Bruce Carton of Securities Docket hosted a webinar: The SEC's Asset Management Unit and Strategies for Avoiding Trouble in 2011 and Beyond . He managed to get Bruce Karpati, the co-head of the SEC's Asset Management unit, to participate. Also joining the presentation were John...

A Proactive Approach to Ensure Advisors Adopt Procedures

The reorganization of the Division of Enforcement which spawned the re-introduction of specialty groups was, in part, designed to focus the resources of the Division and increase efficiency and effectiveness. Three recently filed cases are an example of the results of the reorganization and the creation...

SEC Stepping Up Fund Enforcement Actions

Some interesting news today out of the SEC about new enforcement actions by the SEC against hedge funds - specifically, against three separate advisory firms and six individuals for alleged violations initially uncovered through the results of SEC proprietary data analysis. That final point may...

Jury Selection in Stanford Trial Set to Begin Jan. 23

The trial of disgraced financier R. Allen Stanford is set to begin Jan. 23 as prosecutors claim the once-billionaire swindled investors out of more than $7 billion in one of the largest Ponzi schemes in history. Delayed by over a year as questions arose about Stanford's competency following a...

SEC Obtains Default Judgment in PermaPave Ponzi Scheme

The Securities and Exchange Commission announced that it had obtained a default judgment against PermaPave Industries, LLC and other related entities that promised investors rich returns on water-filtering stone pavers but in reality operated a Ponzi scheme that swindled investors out of $26 million...

Commission Lowers Penalties From Third to Second Tier

Eric J. Brown, Matthew J. Collins, Kevin J. Walsh, Mark W. Wells , Exchange Act Rel. 66469, February 27, 2012 The Commission upheld sanctions against three respondents in connection with sales or supervision of sales of variable annuities. It dismissed the case against one individual. The...

Managing the Risks Posed to Mutual Fund Industry Participants by Increasing Litigation and Regulatory Enforcement Activity

Over the last ten years, the far-reaching examination of the trading practices of the mutual fund industry, numerous enforcement actions by the SEC against prominent broker-dealers and fund complexes, and scores of civil lawsuits resulted in very significant costs to the mutual fund industry. Additionally...

SEC Enforcement Division’s Asset Management Unit’s Chief Anticipates Increase in Private Equity Enforcement

Bruce Karpati, the Chief of the SEC Enforcement Division's Asset Management Unit, held a Q&A session entitled " Private Equity Enforcement Concerns " at the Private Equity International Conference held in New York on January 23, 2013. He addressed private equity firm activities...

AngelList Posts Thoughtful Comments to Proposed SEC Form D Regulations

On August 12, 2013, the crowdfunding platform AngelList submitted some really great and thoughtful comments to the SEC with respect to the SEC’s proposed Reg. D amendments related to new Form D filing requirements and enhanced penalties for failure to file (which you can read more about here )...

Demo Days, Pitch Events and the New Reg D

by Trent Dykes , Megan Muir and Kiran Lingam I. Introduction / Background With the passage of the JOBS Act, the regulation governing most private securities offerings is undergoing a dramatic makeover. Congress tasked the Securities and Exchange Commission (SEC) with developing new rules allowing...

SEC Charges Texas-Based Regional Center with Securities Fraud

On October 1, 2013 the Securities and Exchange Commission (SEC) announced fraud charges in U.S. District Court for the Southern District of Texas against a Texas based EB-5 Regional Center USA Now Regional Center LLC for misappropriating the investment funds of 10 investors from Mexico, Egypt and Nigeria...

Refusing Plea Agreement, Seattle Woman Pleads Guilty To All 110 Counts For $126 Million Payday Loan Ponzi Scheme

In a rare turn of events, a Seattle woman decided to accept responsibility for masterminding a $126 million payday loan Ponzi scheme on her own terms by rejecting a plea agreement offered by federal prosecutors and instead pleading guilty to each of the 110 criminal charges - a move that could effectively...

Court Dismisses SEC's $300 Million Ponzi Case on Timeliness Grounds

A Florida federal judge ordered the dismissal of a lawsuit brought by the Securities and Exchange Commission accusing five former real estate executives of masterminding a $300 million Ponzi scheme on the basis that regulators waited too long to file the case. U.S. District Judge James King granted a...

The SEC Brings Another Case Centered on the EB-5 Immigration Program

The government’s EB-5 program is supposed to be a win win for everyone. For immigrants seeking admission to the United States it is supposed to provide a path to citizenship if the requirements, centered on the investment of $500,000 or more in select projects, are met. For the U.S. it is a job...

SEC Charged Los Angeles-Based EB-5 Lawyers with Securities Fraud

Los Angeles-based EB-5 attorney Justin Moongyu Lee, and his wife Rebecca Taewon Lee and his law firm partner Thomas Edward Kent were charged by the Securities and Exchange Commission today with securities fraud. Misrepresentation to the Investors The Lees and Mr. Kent raised nearly $11.5 million...

Recent SEC Interpretations Facilitate Intrastate Crowdfunding

The SEC has recently issued interpretations regarding Rule 147 . This rule provides a safe harbor under Section 3(a)(11) of the Securities Act of 1933, as amended, which exempts from federal registration securities offered and sold only to persons resident within a single state or territory, in which...

SEC Security Fraud Charges Against Assisted Living Facilities —Should EB-5 Practitioners Be Concerned?

Assisted living facilities (ALFs) have always been a popular choice for EB-5 investors. On December 3, 2013, the Securities and Exchange Commission (SEC) announced securities fraud charges against top executives at an assisted living facility. What is significant about these charges, is that it draws...

Crowdfunding Portals and the Securities Laws

The SEC has recently intensified its enforcement efforts against crowdfunding portals. The SEC's main focus is on these two legal issues: whether the crowdfunding portals offer and sell securities in unregistered transactions to US persons in violation of the Securities Act, and whether the crowdfunding...

SEC Busts Gold-Mining Ponzi/Pyramid Scheme Targeting Spanish-Speaking Victims

The Securities and Exchange Commission filed civil fraud charges against a Massachusetts company and its principals and promoters, arguing the company was a massive Ponzi and Pyramid scheme that raised at least $15 million from primarily Spanish and Portuguese-speaking victims. DFRF Enterprises LLC,...

SEC Alleges Jay Peak Owners Engaged in Massive Fraud of EB-5 Investors

The Securities and Exchange Commission has charged and frozen the assets of Ariel Quiros of Miami, FL, William “Bill” Stenger of Newport, VT, Q Resorts Inc. and Jay Peak Inc. in connection with violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section...