News & Analysis as of

Investment Fraud

ArentFox Schiff

Investigations Newsletter: UCHealth Settles FCA Violations for $23 Million

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UCHealth Settles FCA Violations for $23 Million - On November 12, the US Department of Justice (DOJ) announced that University of Colorado Health (UCHealth) agreed to resolve allegations that it violated the False Claims...more

BakerHostetler

Weekly Blockchain Blog - September 2024 #2

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According to recent reports, two U.S. multinational financial technology companies have integrated Ethereum Name Service (ENS), a decentralized naming system built on the Ethereum blockchain, into their payment platforms....more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - August 2024 Updates

The Senate has yet to take action on the 21st Century Act (FIT21) (H.R.4763) which passed the House by a comfortable margin of 279-136 on May 22, 2024. FIT21 is a proposed landmark piece of legislation that would enact a...more

Troutman Pepper

New York AG Sues $1B Crypto Firms Allegedly Engaged in Fraudulent Schemes

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On June 6, New York Attorney General (AG) Letitia James filed suit against NovaTech Advisors, LLC, AWS Mining Pty Ltd., and several other entities, alleging the defendants orchestrated two consecutive, fraudulent...more

Cole Schotz

Fifth Circuit Strikes Down SEC Rule Regulating Private Investment Funds

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On June 5, 2024, a three judge panel of the U.S. Fifth Circuit Court of Appeals unanimously struck down the Securities and Exchange Commission’s (“SEC”) final rule, which created onerous restrictions for managers of private...more

K2 Integrity

Romance Scams Could Result In Risks For Organizations And Employees

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While romance might be viewed as a personal matter, an employee falling for a romance scam can have a direct impact on an organization’s bottom line. Not only could their performance suffer, but a criminal may try to steal...more

Freiberger Haber LLP

Enforcement News: Misappropriation of Client Funds and Stock Manipulation

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It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. In legal parlance, this aspect of a fraudulent investment scheme is called...more

Cozen O'Connor

The British Columbia Securities Commission Implements a New Whistleblower Program

Cozen O'Connor on

On November 7, 2023, the British Columbia Securities Commission (the BCSC) implemented a Whistleblower Program (the BCSC Program), under BC Policy 15-604 (the Policy) to encourage individuals to voluntarily provide...more

Stikeman Elliott LLP

BCSC Launches Whistleblower Program with Financial Awards

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On November 7, 2023, the British Columbia Securities Commission (“BCSC”) launched a whistleblower program designed to provide financial awards for qualified tips about investment fraud and other serious types of market...more

Walkers

First Successful Creditor Application for Appointment of an Inspector to an Irish Corporate Sets Precedent for Future Appointments

Walkers on

The recent success of a creditor to have an inspector appointed to an Irish company sets a precedent for possible future appointments. The two judgments delivered by the Irish High Court in this case review in detail both the...more

Thomas Fox - Compliance Evangelist

SEC, Solar Winds and Compliance

The recent SEC lawsuit against SolarWinds Corp and its CISO, Tim Brown, following the 2020 data breach, has brought the issue of executive liability in cybersecurity disclosures to the forefront. This case sheds light on the...more

Robinson+Cole Data Privacy + Security Insider

SEC Hits SolarWinds and CISO with Investor Fraud Suit Over Cybersecurity

In a first, bold move by the Securities and Exchange Commission (SEC) following its new Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies, issued on July 26, 2023, this...more

The Volkov Law Group

SEC Sues SolarWinds and its CISO for Fraud Over Botched Data Breach Response, Marking New Era in Cyber Enforcement

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The U.S. Securities and Exchange Commission has a message for publicly-traded companies that suffer a data breach: own up. On Monday, the SEC sued Texas-based SolarWinds––and its Chief Information Security Officer...more

Freiberger Haber LLP

Enforcement News: SEC Obtains Emergency Relief To Halt An Affinity Fraud That Raised Nearly $130 Million

Freiberger Haber LLP on

Affinity fraud is a type of investment fraud. In this form of fraud, the person committing the fraud preys upon members of an identifiable group, such as a religious or ethnic community, the elderly, or a professional group....more

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

Jones Day on

In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

Davis Wright Tremaine LLP

CFTC Action Against Decentralized Digital Asset Manipulation Is First of Its Kind

The Commodity Futures Trading Commission ("CFTC") recently filed a novel civil enforcement action against Avraham "Avi" Eisenberg in the U.S. District Court for the Southern District of New York, charging Eisenberg with a...more

Robinson+Cole Data Privacy + Security Insider

SEC Charges Social Media Influencers with Stock Manipulation and Warns Investors

The Justice Department and the Security and Exchange Commission (SEC) have charged eight men of using their social media clout to manipulate investors in a stock pump-and-dump scheme. The defendants allegedly took to Twitter...more

Oberheiden P.C.

When Is a Trade Considered “Unauthorized”?

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Allegations of unauthorized trading claims present significant risks for investment brokers and brokerage firms. In addition to investor arbitration with the Financial Industry Regulatory Authority (FINRA), brokers and...more

Cadwalader, Wickersham & Taft LLP

CFPB Takes Down High-Yield Savings Account Scam, Defendants Also Charged By the SEC

The Consumer Financial Protection Bureau (“CFPB”) announced a proposed consent order on December 1 intended to address a scam engaged in by a company called Loan Doctor, as well as by the company’s founder, Edgar Radjabli....more

Mayer Brown Free Writings + Perspectives

SEC Publishes FY22-26 Strategic Plan

On November 23, 2022, the SEC released its strategic plan for fiscal years 2022 to 2026. The plan focuses on three goals: protect the investing public against fraud, manipulation, and misconduct; develop and implement a...more

ArentFox Schiff

Investigations Newsletter: Elizabeth Holmes Sentenced to 11 Years in Prison 

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Elizabeth Holmes Sentenced to 11 Years in Prison - On November 18, 2022, former Theranos CEO, Elizabeth Holmes, was sentenced to 11 years and three months in prison for defrauding investors regarding Theranos’ blood...more

Oberheiden P.C.

Financial Crimes Compliance

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Many businesses and businesspeople are exposed to potential legal liability for a wide variety of financial crimes. Minimizing financial crime risk or exposure is critical and requires strict compliance with the state and...more

ArentFox Schiff

Investigations Newsletter: EmpiresX Head Trader Pleads Guilty to $100M Cryptocurrency Investment Fraud Scheme

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EmpiresX Head Trader Pleads Guilty to $100M Cryptocurrency Investment Fraud Scheme - On September 8, 2022, the “Head Trader” for EmpiresX, a purported cryptocurrency platform, pled guilty to one count of conspiracy to...more

A&O Shearman

U.S. SEC pursuing influencers in USD300 million crypto ponzi scheme

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The U.S. Securities Exchange Commission (SEC) has filed a lawsuit in federal court against 11 individuals, alleging securities violations related to a USD300 million crypto Ponzi scheme known as Forsage. ...more

Cadwalader, Wickersham & Taft LLP

CFTC’s Enforcement of Fraudulent and Manipulative Pump-and-Dump Scheme in Crypto Commodities

The Commodity Futures Trading Commission (“CFTC”) has two levels of jurisdiction under the Commodity Exchange Act (“CEA”). First, there is an exclusive (or regulatory) jurisdiction over “derivatives” on “commodities,”...more

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