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Last Entry: March 31, 2011 at 16:18:26

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SEC Settles Aiding and Abetting Charges Against Former First Bancorp Executives

Posted on September 17, 2008
The SEC filed civil charges against Angel Alvarez-Perez and Annie Astor-Carbonell, former officers and directors of First BanCorp, a NYSE-listed bank holding company based in Puerto Rico, charging them with aiding and abetting violations of the federal securities laws by...


Former Prudential Rep Pleads Guilty to Market-Timing Offenses

Posted on September 17, 2008
On September 15, 2008, Justin F. Ficken, a former Prudential Securities registered representative, pled guilty to one count of conspiracy, three counts of wire fraud, and two counts of securities fraud in a case being prosecuted by the United States....


Former Outside Directors Of Mercury Settle Backdating Charges

Posted on September 17, 2008
Three former outside directors of Mercury Interactive, LLC settled SEC charges related to backdating stock options. The SEC alleged that Igal Kohavi, Yair Shamir, and Giora Yaron recklessly approved backdated stock option grants and reviewed and signed public filings that...


SEC Issues Statement on Barclay's Planned Acquisition of Lehman Brothers

Posted on September 17, 2008
The SEC issued a statement on the proposed acquisition by Barclays of Lehman Brothers, the U.S. brokerage arm of the investment bank. SEC Chairman Christopher Cox said, "This is welcome news for every one of Lehman's customers. If approved by...


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SEC Adopts New Rules Against Naked Short-Selling

Posted on September 17, 2008
The SEC took several actions against "naked" short selling that will apply to the securities of all public companies, effective at 12:01 a.m. ET on Thursday, Sept. 18, 2008. The agency's actions go beyond its previously issued emergency order, which....


Credit Suisse Agrees to Buy Back ARS From Clients

Posted on September 16, 2008
NASAA announced that a settlement in principle has been reached between Credit Suisse Securities (USA) LLC and state securities regulators, which will provide relief for the firm?s clients who have had their funds frozen in the auction rate securities (ARS)...


SEC Charges Attorney in Bogus PIPES Scheme

Posted on September 16, 2008
The SEC charged an attorney and two other promoters for conducting a $52.7 million Ponzi scheme in which they sold investors bogus PIPE (private investment in public equity) investments, promised unrealistic profits, and misappropriated more than $20 million of investors'...


Former Apple GC Suspended from SEC Practice under Rule 102(e)

Posted on September 16, 2008
The SEC issued an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice, Making Findings and Imposing Remedial Sanctions (Order) against former Apple GC Nancy R. Heinen. Previously the SEC filed a lawsuit against Heinen...


Investment Adviser Censured for Reg M Violations

Posted on September 16, 2008
The SEC issued an Order Instituting Administrative and Cease-and-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 21C of the Securities Exchange Act of 1934 and Section 203(e) of the Investment Advisers Act of...


SEC Charges Investment Adviser for Misrepresenting Value of Clients' Investments

Posted on September 16, 2008
The SEC charged investment adviser Cornerstone Capital Management, Inc. for misrepresenting the value of its clients' investments in what turned out to be a series of Ponzi schemes. In an order instituting administrative proceedings against the firm and its president,...


FINRA Investor Alert on Lehman Brokerage Accounts

Posted on September 15, 2008
A FINRA Investor Alert, If A Brokerage Firm Closes Its Doors, reminds that the firm's U.S. regulated broker-dealer subsidiaries, Lehman Brothers, Inc. and Neuberger Berman, LLC, are still solvent and functioning. The broker-dealer subsidiaries have not filed for bankruptcy, and...


Regulator Blocks Severance Pay to Former Freddie and Fannie CEOs

Posted on September 15, 2008
The recently-created Federal Housing Finance Agency applied a rule adopted just last week and blocked payment of an estimated $24 million in severance pay to the former CEOs of Fannnie Mae and Freddie Mack. CFO.com, Feds Snip Fannie, Freddie Parachutes.


SIFMA's Website on Lehman

Posted on September 15, 2008
SIFMA has set up a useful website devoted to Information on Lehman Bankruptcy and Related Issues, with links to other relevant sites. There I found an announcement about a group of global commercial and investment banks, including Bank of America,...


American Italian Pasta Settles Accounting Fraud Charges

Posted on September 15, 2008
The SEC filed several actions charging American Italian Pasta Company ("AIPC"), and its senior executives with securities fraud and other violations of the federal securities laws. The Commission's complaints allege that, from its fiscal year 2002 through the second quarter...


Former KB Home CEO Settles Backdating Charges

Posted on September 15, 2008
The SEC filed settled civil fraud charges against Bruce E. Karatz, the former chairman and CEO of Los Angeles homebuilder KB Home, Inc., for his participation in a multi-year scheme to backdate stock options to himself and other KB Home...


SEC Begins Voluntary Online Filings of Form D

Posted on September 15, 2008
The SEC began accepting filings of Form D through the Internet. The new rules providing for online filing and simplification of Form D notices were approved by Commission at the end of last year. Form D filings are made mostly...


SEC Statement on Lehman Bankruptcy Filing

Posted on September 15, 2008
The latest from the SEC on Lehman: The decision by Lehman Brothers Holdings Inc. to file for protection under Chapter 11 of the bankruptcy laws is expected to lead to the winding down of Lehman Brothers Inc., its U.S. regulated...


Bank of America Will Acquire Merrill Lynch

Posted on September 15, 2008
Bank of America Corporation announced it has agreed to acquire Merrill Lynch & Co., Inc. in a $50 billion all-stock transaction. Under terms of the transaction, Bank of America would exchange .8595 shares of Bank of America common stock for...


Lehman Files for Bankruptcy

Posted on September 15, 2008
Lehman Brothers Holdings Inc. (?LBHI?) announced today that it intends to file a petition under Chapter 11 of the U.S. Bankruptcy Code with the United States Bankruptcy Court for the Southern District of New York. According to the press release,...


SEC's Announcement about Lehman

Posted on September 15, 2008
The Securities and Exchange Commission announced Sunday evening that, together with the Treasury and the Federal Reserve, it is working with Lehman Brothers to address the issues that it faces. In particular, the SEC is taking actions to ensure that....


Thomas on International Executive Pay

Posted on September 14, 2008
International Executive Pay: Current Practices and Future Trends, by Randall S. Thomas, Vanderbilt University - School of Law; Vanderbilt University - Owen Graduate School of Management, was recently posted on SSRN. Here is the abstract: This article compares executive pay...


Dent on Business Lawyers

Posted on September 14, 2008
Business Lawyers as Enterprise Architects, by George W. Dent Jr., Case Western Reserve Law School, was recently posted on SSRN. Here is the abstract: In 1984 Ronald Gilson published Value Creation by Business Lawyers: Legal Skills and Asset Pricing. It...


Kahn on Delaware's Stake in Corporate Law

Posted on September 14, 2008
Regulatory Competition, Venue and Delaware's Stake in Corporate Law, by Faith Stevelman Kahn, New York Law School, was recently posted on SSRN. Here is the abstract: Disagreement persists about the effects of regulatory competition on corporate law, but there's consensus...


Canova on Return to Marginalist Analysis

Posted on September 14, 2008
Legacy of the Clinton Bubble: The Crisis in the Washington Consensus and the Return to Marginalist Analysis, by Timothy A. Canova, Chapman University - School of Law, was recently posted on SSRN. Here is the abstract: This article, an early...


Brummer on Corporate Law Preemption

Posted on September 14, 2008
Corporate Law Preemption in an Age of Global Capital Markets, by Chris Brummer, Vanderbilt University - School of Law, was recently posted on SSRN. Here is the abstract: At the heart of the extensive literature on corporate law federalism is...


SEC Sponsors Cybersecurities Fraud Symposium

Posted on September 13, 2008
The SEC announces a Cybersecurities Fraud Conference, co-sponsored by the Litigation Section of the ABA, on Sept. 23 in Washington D.C. Here is the description: What is the "state of the union" in the world of Internet securities regulation? Where...


Investment Adviser Settles Charges it Defrauded Ohio Workers' Compensation Fund

Posted on September 13, 2008
The SEC filed securities fraud charges in the United States District Court for the Western District of Pennsylvania against Mark D. Lay and MDL Capital Management, Inc. ("MDL Capital"), an investment adviser. Lay was the Chairman, CEO and Chief Investment...


Government Officials Meet To Discuss Market Conditions

Posted on September 13, 2008
From the SEC Website: Senior representatives of major financial institutions are meeting at the Federal Reserve Bank of New York Friday evening to discuss recent market conditions. Also participating in the meeting are Treasury Secretary Henry M. Paulson, Jr...


LPL Settles SEC Charges of Failing to Safeguard Customers' Personal Information

Posted on September 11, 2008
The SEC instituted an enforcement action against LPL Financial Corporation for failing to adopt policies and procedures to safeguard their customers' personal information, leaving at least 10,000 customers vulnerable to identity theft following a series of hacking incidents involving LPL's...


Bank of America Settles with Massachusetts over ARS Sales

Posted on September 10, 2008
Bank of America becomes the latest to settle with regulators, in this case the Massachusetts Securities Division, about its auction rate securities (ARS) sales practices. It announced an agreement in principle with the Massachusetts Securities Division under which it will...


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