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? […]
Tag: Securities Defense 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 […]
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 […]
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 […]
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, […]
SEC Charges Four Companies With Misleading Cyber Disclosures
Introduction to the SEC’s Recent Cybersecurity Charges The Securities and Exchange Commission (SEC) recently announced charges against four major corporations: Unisys Corp., Avaya Holdings Corp., Check Point Software Technologies Ltd, and Mimecast Limited. These companies were accused of making materially misleading disclosures regarding cybersecurity risks and incidents. Additionally, Unisys faced […]