Category Archives: SEC Settlement

Don’t Tread on the SEC’s Whistleblower Program (Through Confidentiality Agreements)

Whistleblowers are a problem for corporations and a boon for the SEC. The SEC relies in part on whistleblowers to identify possible wrongdoing within publicly-traded companies. From the agency’s perspective, the employees and officers of a company are in the … Continue reading

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Treating Individuals Like Corporations—But In a Good Way: SEC’s First Deferred Prosecution Agreement With an Individual

Since January 2010, corporations facing SEC investigations had one big advantage over individuals: they could seek a deferred prosecution agreement. DPAs allow companies that committed wrongdoing to avoid prosecution, most often by undertaking significant compliance efforts, or engaging a corporate … Continue reading

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Seven Fun Ways To Commit Insider Trading

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, … Continue reading

Posted in Conviction After Jury Trial, Insider Trading, SEC Investigation, SEC Settlement, Securities fraud, Sentencing | 1 Comment

Maybe the Third Time’s a Charm: SEC Charges Oppenheimer Private Equity Fund Manager with Misleading Investors

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 website carefully … Continue reading

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First Is the Worst: SEC Forces Hedge Fund Manager To Admit Wrongdoing Under New Policy

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 against them … Continue reading

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There’s At Least One Company Out There With the, um, Guts To Stand Up To The Government

The government’s insider-trading investigation into SAC Capital Advisors, a Connecticut-based hedge fund that manages in excess of $15 billion, has been the subject of many press articles. But since neither the company, nor its leader Steven A. Cohen, has been … Continue reading

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Quick Cases: Insider Trading

This is the first of what will be recurring posts that offer quick summaries of similar cases. Think of them as the Kay and Peele version of my blog posts, though not nearly as funny and always safe for work. … Continue reading

Posted in Conviction After Jury Trial, Criminal Investigation, Insider Trading, SEC Investigation, SEC Settlement | 1 Comment

WPO + Forum 91 + Florida Keys = Insider Trading Claims Against Former Office Depot President

A former corporate executive was recently sued by the SEC for insider trading based on information he learned during meetings of the World Presidents’ Organization (“WPO”).  Mark Begelman, who lives in Florida, is no stranger to corporate governance.  Begelman was … Continue reading

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