By: Sara Kropf The SEC and the Office of the Comptroller of the Currency both claimed that TD Bank assisted Scott Rothstein—the Florida lawyer currently serving 50 years in prison for a Ponzi scheme—with committing fraud. The OCC contended that TD Bank violated the...
Bernie Madoff Accountant Faces Parallel DOJ and SEC Cases
By: Sara Kropf A lot of people have faced charges in the Bernie Madoff scandal over the past few years. Madoff’s accountant, David Friehling, pleaded guilty to falsifying documents. Madoff’s son Peter pleaded guilty to several criminal charges and was sentenced to ten...
Spike Lee Would Be Proud: Government Does the Right Thing (In a Securities Fraud Case)
By: Sara Kropf Da Mayor: Doctor. Mookie: C’mon, what? What? Da Mayor: Always do the right thing. Mookie: That’s it? Da Mayor: That’s it. Mookie: I got it. I'm gone. Do the Right Thing (1989) (yes, 1989—you are that old) Except for “not guilty,” the sweetest words for...
Seven Fun Ways To Commit Insider Trading
By: Sara Kropf There have been several high-profile insider trading cases recently. I can’t do justice to the facts of all the recent cases, but here’s a quick sampling of some of the more interesting cases. 1. Use a Facebook Friend. Badin Rungruangnavarat,...
It Depends On What The Meaning Of the Word “Note” Is: Tenth Circuit Holds That The Jury Must Decide When a Note is a “Security”
By: Sara Kropf The Tenth Circuit recently issued an opinion affecting criminal securities cases and making it slightly harder for the government to prevail at trial. In United States v. McKye (No. 12-6108), the Tenth Circuit reversed the jury’s verdict for the...
Maybe the Third Time’s a Charm: SEC Charges Oppenheimer Private Equity Fund Manager with Misleading Investors
By: Sara Kropf The website for private investment company Oppenheimer & Co. says the company traces its roots back to the 1870s and a gentleman named Harris C. Fahnestock. Mr. Fahnestock was apparently an investment advisor to President Abraham Lincoln. The...
First Is the Worst: SEC Forces Hedge Fund Manager To Admit Wrongdoing Under New Policy
By: Sara Kropf It’s not often that someone wishes the government investigated him earlier. But Philip Falcone, the hedge fund advisor for Harbinger Capital, may be wishing exactly that. Mr. Falcone and Harbinger Capital recently agreed to settle an SEC investigation...
New Technology, Old-School Fraud: SEC Goes After Bitcoin-Based Ponzi Scheme
By: Sara Kropf A confession: I picked this post topic because I kept seeing articles about Bitcoins and still did not understand what the heck they were. So I figured that if I wrote a post about it, then I’d be forced to learn. After some research, I learned enough...
With a Name Like “DiscoCare,” How Can You Go Wrong? Two ArthroCare Executives Indicted for Securities Fraud
By: Sara Kropf A few years ago, massive securities fraud cases were all the rage. Over the last few years, health care fraud has been on the hit parade. Now, DOJ has managed to combine the two into one case. The former CEO and former CFO of publicly-traded medical...
What is the SEC’s “Cross-Border Working Group”? This Chinese Company’s Executive Is Getting a Tough Lesson
By: Sara Kropf You may not have heard of the SEC’s Cross-Border Working Group but if you are a company with substantial foreign operations that trades in the United States, chances are the Working Group has heard of you. Since it began, the Working Group has led to...