In a 6-3 decision, the U.S. Supreme Court ruled that the administrative adjudication by the Securities and Exchange Commission (SEC) of securities fraud cases seeking civil penalties violates the Seventh Amendment right to a...more
Summary -
The Securities and Exchange Commission (SEC) is reportedly nearing a settlement with a nationally recognized statistical rating organization (NRSRO) over its failure to preserve certain credit-ratings...more
Summary -
Two more broker-dealers became the latest financial institutions to settle with the SEC for failing to maintain and preserve electronic communications. What distinguishes these settlements from the 17 prior...more
Second Post in a Two-Part Series -
Opinion Stresses Importance of Narrative Sections and Supporting Documentation for SARs -
In our first post in this series, we discussed the Securities and Exchange Commission’s...more
12/26/2018
/ Broker-Dealer ,
Enforcement Actions ,
Failure-to-File ,
Filing Requirements ,
Financial Services Industry ,
Market Manipulation ,
Money Laundering ,
Penny Stocks ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Suspicious Activity Reports (SARs)
First Post in a Two-Part Series -
On December 11, Judge Denise Cote of the Southern District of New York granted, in part, the Securities and Exchange Commission’s (“SEC”) motion for summary judgement in its action against...more
12/21/2018
/ Bank Secrecy Act ,
Books & Records ,
Broker-Dealer ,
Clearing Agents ,
Enforcement Actions ,
Enforcement Authority ,
Financial Services Industry ,
First Impression ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Stock Trades ,
Suspicious Activity Reports (SARs)
Charges Represent First Criminal Case Based Solely on Alleged Unauthorized SAR Disclosure -
On October 17, the U.S. Attorney for the Southern District of New York (“SDNY”) announced the arrest of a senior employee at the...more
On August 29, the Wall Street Journal reported (paywall) a story that other news outlets later have picked up: the Department of Justice (“DOJ”) is investigating whether Jho Low, a Malaysian businessman at the center of the...more
Under Internal Revenue Code section 7609(f), the IRS may issue a “John Doe” administrative summons to discover the identities of unknown taxpayers. A “John Doe” summons can be a powerful enforcement tool because it allows the...more
2/7/2017
/ Bitcoin ,
Department of Justice (DOJ) ,
Digital Currency ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
Internal Revenue Code (IRC) ,
IRS ,
John Doe Investigation ,
Money Laundering ,
Summons ,
Swiss Banks ,
Tax Evasion ,
Technology ,
Virtual Currency