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SEC Litigation Releases: Week in Review - February 21st, 2014

SEC Charges Three California Residents Behind Movie Investment Scam
February 20, 2014, (Litigation Release No. 22929)
According to the complaint, Samuel Braslau, Rand Chortkoff, and Stuart Rawitt defrauded "investors in a purported multi-million dollar movie project that would supposedly star A-list celebrities and generate exorbitant investment returns." Braslau set up "companies named Mutual Entertainment LLC and Film Shoot LLC to raise funds from investors for the movie project," a film...

SEC Litigation Releases: Week in Review - February 14th, 2014

SEC Charges James Y. Lee for Defrauding His Advisory Clients
February 14, 2014, (Litigation Release No. 22927)
According to the complaint, James Y. Lee defrauded his advisory clients in several ways including "charg[ing] some clients fees...based on false performance and conceal[ing] from them that they had actually incurred realized losses," failing to disclose information about his background including "a criminal conviction for embezzlement and an SEC cease-and-desist order for his role in...

SEC Litigation Releases: Week in Review - February 7th, 2014

Court of Appeals Denies Stay of Order Compelling Investigative Testimony; Affirms District Court's Exercise of Discretion
February 6, 2014, (Litigation Release No. 22920)
This week the court issued a "summary order denying Edward Daspin's motion for a stay" on a December 2013 order. This means that Daspin is required "to appear for investigative testimony in compliance with an SEC investigative subpoena" and was denied a "request that the SEC be required to pay for Daspin's physician to attend...

SEC Litigation Releases: Week in Review - January 31st, 2014

Court Enters Final Judgment Against Broker in Settlement of Claims Arising from Fraudulent Misrepresentations and the Misappropriation of Funds
January 30, 2014, (Litigation Release No. 22914)
A final judgment was entered this week against David L. Rothman based on charges that "Rothman,...who was the Vice President and minority owner of Rothman Securities, Inc....creat[ed] and issu[ed] false account statements to certain elderly and unsophisticated investor/clients that materially overstated...

SEC Litigation Releases: Week in Review - January 24th, 2014

Final Judgments Entered Against Former Hedge Fund Manager and His Company
January 23, 2014, (Litigation Release No. 22908)
Final judgments were entered against Berton M. Hochfeld and his "wholly-owned entity, Hochfeld Capital Management, L.L.C.," for allegedly "misappropriating assets and making material misstatements to investors in the Heppelwhite Fund L.P., a now defunct hedge fund." Previously, the court had ordered injunctions and an asset freeze, and granted "the Commission's motion to...

SEC Litigation Releases: Week in Review - January 17th, 2014

SEC Charges Former Senior Executives of Public Company Subsidiary with Falsifying Financial Records and Circumventing Internal Controls
January 15, 2014, (Litigation Release No. 22906)
This week, the SEC announced charges against Christopher Hohol and Brian Poshak, "formerly the senior vice president for operations and the controller, respectively, of Veolia Special Services, a fourth-tier United States subsidiary of Veolia Environnement S.A." According to the SEC, the defendants falsified...

SEC Litigation Releases: Week in Review - January 10th, 2014

Securities and Exchange Commission v. Diamond Foods, Inc.
January 9, 2014, (Litigation Release No. 22902)
According to the complaint, Diamond Foods, Inc. manipulated walnut costs to report "higher net income and inflated earnings to exceed analysts' estimates for fiscal quarters in 2010 and 2011." According to the complaint against Diamond's former CFO, Steven Neil, Neil "directed the effort to fraudulently underreport money paid to walnut growers." Diamond's former CEO, Michael Mendes, has...

2013 SEC Enforcement Summary

A couple months ago, we provided an analysis of SEC activity as represented by litigation releases. In that post, we commented on the breakdown of SEC litigation releases over time, aggregated by month and weekday. Recently, the SEC has released their enforcement statistics updated for the 2013 fiscal year.

All told, the SEC obtained monetary sanctions of more than $3.4 billion (including disgorgement and penalties) over the 2013 fiscal year. This number represents a nearly 11% increase year...

SEC Litigation Releases: Week in Review - December 27th, 2013

SEC Charges Archer-Daniels-Midland Company with FCPA Violations
December 24, 2013, (Litigation Release No. 22900)
According to the complaint, Archer-Daniels-Midland Company failed to "prevent illicit payments made by foreign subsidiaries to Ukrainian government officials." The SEC found that "ADM's subsidiaries in Germany and Ukraine paid $21 million in bribes" and ADM made "approximately $33 million in illegal profits as a result of the bribery by its subsidiaries." ADM has agreed to be...

Feliz Navidad de parte de UBS Asset Managers de Puerto Rico

Anteriormente SLCG había publicado dos entradas sobre el colapso de los fondos UBS de bonos municipales de Puerto Rico incluyendo los fondos Puerto Rico Fixed Income Funds I y VI y Puerto Rico Investors Tax-Free Funds I y VI. Nuestra entrada del 7 de Octubre de 2013 titulada Peligro en la Isla del Encanto: Inversionistas de UBS Puerto Rico Sufren Cuantiosas Pérdidas, reportamos sobre las pérdidas en los fondos cerrados de bonos municipales administrados por UBS Asset Managers de Puerto Rico...

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