Category Archives: SEC Settlement

SEC Investigations 101: The Endgame

Posted on May 23, 2019 by

This post is the eighth in a series of posts for non-lawyers, or non-securities lawyers, who might suddenly find themselves on the wrong end of a Securities and Exchange Commission document request, subpoena or call from Enforcement division staff. By Dan … Continue reading →

Posted in SEC Investigation, SEC policy and practice, SEC Settlement | Leave a comment

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

Posted on April 8, 2015 by

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

Posted on November 14, 2013 by

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

Posted on September 24, 2013 by

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

Posted on September 3, 2013 by

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 →

Posted in SEC Investigation, SEC Settlement, Securities fraud | Tagged | 1 Comment

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

Posted on August 22, 2013 by

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 →

Posted in SEC Investigation, SEC Settlement, Securities fraud | Tagged | 2 Comments

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

Posted on May 20, 2013 by

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

Posted on May 6, 2013 by

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

Posted on May 1, 2013 by

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 →

Posted in Insider Trading, SEC Investigation, SEC Settlement | Leave a comment