Newsfile SEC Press Digest

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SEC Approves a New PCAOB Quality Control Standard

Washington, D.C.--(Newsfile Corp. - September 9, 2024) - The Securities and Exchange Commission today approved the Public Company Accounting Oversight Board’s (PCAOB) new quality control (QC) standard and related amendments to its standards, rules, and forms. QC 1000, A Firm’s System of Quality Control, establishes an integrated, risk-based quality control standard that will require all registered public accounting firms to identify specific risks to their practice and design a quality...

2024-09-09 12:08 PM EDT

SEC Charges Seven Public Companies with Violations of Whistleblower Protection Rule

Washington, D.C.--(Newsfile Corp. - September 9, 2024) - The Securities and Exchange Commission today announced settled charges against seven public companies for using employment, separation, and other agreements that violated rules prohibiting actions to impede whistleblowers from reporting potential misconduct to the SEC. To settle the SEC’s charges, the companies agreed to pay more than $3 million combined in civil penalties. Acadia Healthcare Company, Inc., agreed to pay a $1,386,000...

2024-09-09 9:10 AM EDT

SEC Charges Broker-Dealer Nationwide Planning and Two Affiliated Investment Advisers with Violating Whistleblower Protection Rule

Washington, D.C.--(Newsfile Corp. - September 4, 2024) - The Securities and Exchange Commission today announced settled charges against three affiliated registrants, Commission-registered broker-dealer Nationwide Planning Associates, Inc. and investment adviser NPA Asset Management, LLC, and state-registered investment adviser Blue Point Strategic Wealth Management, LLC, for impeding brokerage customers and advisory clients from reporting securities law violations to the SEC. The firms agreed...

2024-09-04 4:34 PM EDT

SEC Charges Six Credit Rating Agencies with Significant Recordkeeping Failures

Washington, D.C.--(Newsfile Corp. - September 3, 2024) - The Securities and Exchange Commission today announced charges against six nationally recognized statistical rating organizations, or NRSROs, for significant failures by the firms and their personnel to maintain and preserve electronic communications. The firms admitted the facts set forth in their respective SEC orders; acknowledged that their conduct violated recordkeeping provisions of the federal securities laws; agreed to pay...

2024-09-03 4:41 PM EDT

SEC Charges Advisory Firm ClearPath with Custody Rule and Liability Disclaimer Violations

Washington, D.C.--(Newsfile Corp. - September 3, 2024) - The Securities and Exchange Commission today announced settled charges against ClearPath Capital Partners LLC for failing to comply with requirements related to the safekeeping of client assets and for its use of impermissible liability disclaimers in its advisory and private fund agreements. According to the SEC’s order, ClearPath failed to timely distribute annual audited financial statements to investors in certain private funds that...

2024-09-03 3:38 PM EDT

SEC Charges Creative Legal Fundings CEO Maria Dickerson with Operating Multimillion Dollar Ponzi Scheme that Targeted Filipino-American Community

Washington, D.C.--(Newsfile Corp. - September 3, 2024) - The Securities and Exchange Commission today charged Maria Dulce Pino Dickerson and her companies Creative Legal Fundings in CA and The Ubiquity Group LLC with raising approximately $7 million from more than 130 investors through a fraudulent securities offering targeting members of the Filipino-American community across the United States. According to the SEC’s complaint, from approximately March 2021 through May 2023, Sacramento,...

2024-09-03 1:57 PM EDT

SEC Charges Crypto-Focused Advisory Firm Galois Capital for Custody Failures

Washington, D.C.--(Newsfile Corp. - September 3, 2024) - The Securities and Exchange Commission today announced settled charges against Florida-based Galois Capital Management LLC, a former registered investment adviser for a private fund that primarily invested in crypto assets, for failing to comply with requirements related to the safeguarding of client assets, including crypto assets being offered and sold as securities. The Commission also found that Galois misled fund investors about...

2024-09-03 12:04 PM EDT

SEC Adopts Reporting Enhancements for Registered Investment Companies and Provides Guidance on Open-End Fund Liquidity Risk Management Programs

Washington, D.C.--(Newsfile Corp. - August 28, 2024) - The Securities and Exchange Commission today adopted amendments to reporting requirements on Form N-PORT to provide the Commission and investors with more timely information about certain registered investment companies (funds). Form N-PORT reports provide important information about a fund’s portfolio holdings and related information to help assess a fund’s risks. The amendments will provide the Commission with timelier information about...

2024-08-28 11:27 AM EDT

SEC Charges China-Based QZ Asset Management Ltd. and Its CEO in Pre-IPO Fraud Scheme

Washington, D.C.--(Newsfile Corp. - August 27, 2024) - The Securities and Exchange Commission today announced charges against China-based investment adviser QZ Asset Management Limited a/k/a Qianze Asset Management Limited (QZ Asset), its South Dakota-based holding company QZ Global Limited, and the CEO of both entities, Blake Yeung Pu Lei a/k/a Yang Pulei (Yeung), with fraud for lying to clients and prospective clients regarding the safety of their investments, the investment adviser’s...

2024-08-27 1:39 PM EDT

SEC Charges U.S. Navy Shipbuilder Austal USA with Accounting Fraud

Washington, D.C.--(Newsfile Corp. - August 27, 2024) - The Securities and Exchange Commission today announced that Austal USA, LLC, a Mobile, Alabama-based shipbuilder, and its Australia-based parent company, Austal Limited, have agreed to settle the SEC’s charges that the companies conducted a fraudulent revenue recognition scheme. As part of the settlement with the SEC, Austal USA will pay a $24 million civil penalty. According to the SEC’s complaint, from at least January 2013 through July...

2024-08-27 12:49 PM EDT

SEC Charges Brothers Jonathan and Tanner Adam with $60 Million Ponzi Scheme

Washington, D.C.--(Newsfile Corp. - August 26, 2024) - The Securities and Exchange Commission today announced that it obtained emergency asset freezes against Jonathan Adam, a resident of Angleton, Texas, and his brother, Tanner Adam, a resident of Miami, Florida, and against their respective entities, GCZ Global LLC and Triten Financial Group LLC, to halt an alleged $60 million Ponzi scheme impacting more than 80 investors across the country. The SEC’s complaint alleges that, from January...

2024-08-26 5:45 PM EDT

SEC Charges Sound Point Capital Management for Insider Trading Policy Failures

Washington, D.C.--(Newsfile Corp. - August 26, 2024) - The Securities and Exchange Commission today announced settled charges against New York-based registered investment adviser Sound Point Capital Management LP for failing to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the misuse of material nonpublic information (MNPI) concerning its trading of collateralized loan obligations (CLOs). To settle the SEC’s charges, Sound Point agreed to pay...

2024-08-26 3:16 PM EDT

SEC Charges Abra with Unregistered Offers and Sales of Crypto Asset Securities

Washington, D.C.--(Newsfile Corp. - August 26, 2024) - The Securities and Exchange Commission today filed settled charges against Plutus Lending LLC, which does business as Abra, for failing to register the offers and sales of its retail crypto asset lending product, Abra Earn. The SEC also charged Abra with operating as an unregistered investment company. According to the SEC’s complaint, in or around July 2020, Abra began to offer and sell Abra Earn in the United States. Abra Earn allowed...

2024-08-26 2:13 PM EDT

SEC Issues $24 Million Awards to Two Whistleblowers

Washington, D.C.--(Newsfile Corp. - August 26, 2024) - The Securities and Exchange Commission today announced awards of more than $24 million to two whistleblowers whose information and assistance led to an SEC enforcement action and an action brought by another agency. The first whistleblower will receive an award of $4 million, while the second whistleblower will receive an award of $20 million. While the first whistleblower reported first, prompting the opening of the investigation, the...

2024-08-26 11:58 AM EDT

SEC Issues Awards Totaling $98 Million to Two Whistleblowers

Washington, D.C.--(Newsfile Corp. - August 23, 2024) - The Securities and Exchange Commission today announced awards of more than $98 million to two whistleblowers whose information and assistance led to an SEC enforcement action and an action brought by another agency. The first whistleblower’s tip prompted the opening of the investigations, and thereafter provided critical additional information and ongoing assistance. As a result, this whistleblower will receive an award of $82 million....

2024-08-23 12:55 PM EDT

SEC Adopts Rule to Update Definition of Qualifying Venture Capital Funds

Washington, D.C.--(Newsfile Corp. - August 21, 2024) - The Securities and Exchange Commission today adopted a rule that updates the dollar threshold for a fund to qualify as a “qualifying venture capital fund” for purposes of the Investment Company Act of 1940. The rule updates the dollar threshold to $12 million in aggregate capital contributions and uncalled committed capital, up from the original threshold of $10 million. Qualifying venture capital funds are excluded from the Act’s...

2024-08-21 7:27 PM EDT

SEC Charges Transfer Agent Equiniti Trust Co. with Failing to Protect Client Funds Against Cyber Intrusions

Washington, D.C.--(Newsfile Corp. - August 20, 2024) - The Securities and Exchange Commission today announced settled charges against New York-based registered transfer agent Equiniti Trust Company LLC, formerly known as American Stock Transfer & Trust Company LLC, for failing to assure that client securities and funds were protected against theft or misuse. Those failures led to the loss of more than $6.6 million of client funds as a result of two separate cyber intrusions in 2022 and 2023....

2024-08-20 2:12 PM EDT

SEC Approves New and Updated PCAOB Audit Standards and an Amendment to the PCAOB's Contributory Liability Rule

Washington, D.C.--(Newsfile Corp. - August 20, 2024) - The Securities and Exchange Commission today announced that it has approved two Public Company Accounting Oversight Board (PCAOB) proposals updating audit standards regarding general responsibilities of the auditor and use of technology-assisted analysis in conducting an audit. The SEC also approved a proposal amending a PCAOB ethics rule governing the liability of an associated person when they directly and substantially contribute to...

2024-08-20 1:12 PM EDT

SEC Charges Carl Icahn and Icahn Enterprises L.P. for Failing to Disclose Pledges of Company's Securities as Collateral for Billions in Personal Loans

Washington, D.C.--(Newsfile Corp. - August 19, 2024) - The Securities and Exchange Commission today announced charges against Carl C. Icahn and his publicly traded company, Icahn Enterprises L.P. (IEP), for failing to disclose information relating to Icahn’s pledges of IEP securities as collateral to secure personal margin loans worth billions of dollars under agreements with various lenders. IEP and Icahn agreed to pay $1.5 million and $500,000 in civil penalties, respectively, to settle the...

2024-08-19 9:07 AM EDT

Twenty-Six Firms to Pay More Than $390 Million Combined to Settle SEC's Charges for Widespread Recordkeeping Failures

Washington, D.C.--(Newsfile Corp. - August 14, 2024) - The Securities and Exchange Commission today announced charges against 26 broker-dealers, investment advisers, and dually-registered broker-dealers and investment advisers for widespread and longstanding failures by the firms and their personnel to maintain and preserve electronic communications. The firms admitted the facts set forth in their respective SEC orders, acknowledged that their conduct violated recordkeeping provisions of the...

2024-08-14 4:45 PM EDT

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