False Revenue Projections at Heart of $284 Million Bond Fraud The U.S. Securities and Exchange Commission (SEC) has filed charges against Randall “Randy” Miller, Chad Miller, and Jeffrey De Laveaga, accusing them of orchestrating a deceptive municipal bond scheme involving fabricated financial documents. The scheme allegedly misled investors in two […]
Tag: SEC Enforcement
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 […]
Understanding SEC Investigations: Process, Defense, and Legal Tips
Mark J. Astarita, Esq., a nationally recognized and Martindale AV-rated securities attorney, explains the SEC investigation process and provides insight into successful defenses. 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 […]
Converting Accounts to Advisory Accounts Might Violate the IAA
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 […]
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, […]