Securities Law Updates

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Matrixx Initiatives, Inc., et al. v. Siracusano: Securities Plaintiffs Can Use Inferences to Show Materiality and Scienter at the Pleading Stages

By Josh Lawler of Zuber & Taillieu and Joel B. Ginsberg

The United States Supreme Court has ruled that in securities cases under §10(b) and Rule 10b–5 the requirement of the materiality of a defendant’s misrepresentations cannot be reduced to a bright-line rule. Facts giving rise to a strong inference that a defendant acted with the required state of mind are… More...

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Former Executive of Ahold Subsidiary Sentenced to 46 Months in Prison for Multi-Million Dollar Securities Fraud Crime

USA v. Kaiser et al.  |  Case No. 1:04cr733, US District Court for the Southern District of New York  |  12/7/2011

Preet Bharara, the United States Attorney for the Southern District of New York, announced that Mark P. Kaiser, a former executive of U.S. Foodservice, Inc. (“USF”), then a subsidiary of the Dutch food conglomerate Royal Ahold, N.V. (“Ahold”), has been sentenced in Manhattan federal court to 46 months in prison for his participation in a scheme to inflate USF’s reported results of operations during the years 2000 through 2003. More...

Magyar Telekom and Former Executives Charged with Bribing Officials in Macedonia and Montenegro

SEC v. Magyar Telekom Plc. and Deutsche Telekom AG/SEC v. Straub, et al.  |  SEC Litigation Release No. 22213, SEC No. 2011-279 Case No. 11 civ 9646 (S.D.N.Y.)/Case No. 11 civ 9645 (S.D.N.Y.)  |  12/29/2011

The Securities and Exchange Commission has charged the largest telecommunications provider in Hungary and three of its former top executives with bribing government and political party officials in Macedonia and Montenegro to win business and shut out competition in the telecommunications industry. More...

Eight Former Senior Executives and Agents of Siemens Charged in Alleged $100 Million Foreign Bribe Scheme

SEC v. Uriel Sharef, et al.  |  SEC No. 2011-263, SEC Litigation Release No. 22190, Civil Action No. 11 civ 9073 (S.D.N.Y.), DOJ No. 11-1626  |  12/13/2011

The Securities and Exchange Commission and the Department of Justice have charged seven former Siemens executives with violating the Foreign Corrupt Practices Act (FCPA) for their involvement in the company's decade-long bribery scheme to retain a $1 billion government contract to produce national identity cards for Argentine citizens. More...

Feds Halt Father-Son Ponzi Activity in Utah Involving Purported Real Estate Investments

SEC v. Management Solutions, Inc.  |  SEC No. 2011-266, Case No. 2:11cv01165, U.S. District Court for the District of Utah  |  12/15/2011

The Securities and Exchange Commission has charged a father and son in Utah with securities fraud for selling purported investments in their real estate business that turned out to be nothing more than a wide-scale $220 million Ponzi scheme. More...

Top Executives of Fannie Mae and Freddie Mac Charged with Securities Fraud for Misleading Statements

SEC v. Richard F. Syron, et al./SEC v. Daniel H. Mudd  |  Case Nos. 11cv9201-2, U.S. District Court for the Southern District of New York  |  12/16/2011

The Securities and Exchange Commission has charged six former top executives of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) with securities fraud, alleging they knew and approved of misleading statements claiming the companies had minimal holdings of higher-risk mortgage loans, including subprime loans. More...

"Rudy” Film Inspiration, 12 Others Held Liable for Pump-and-Dump Corporate Vehicle

SEC v. Daniel E. Ruettiger, et al.  |  SEC No. 2011-268, Litigation Release No. 22198, Civil Action No. 2:11-CV-02011 (D. Nev.)  |  12/16/2011

The Securities and Exchange Commission has charged Daniel Ruettiger and 12 other participants in a scheme to deceive investors into buying stock in his sports drink company. Ruettiger is widely known for having inspired the 1993 motion picture "Rudy." More...

Marvell Finance Officer Pleads Guilty in New York to Insider Trading Charge

U.S. v. Stanley Ng  |  Case No. 1:11mj2096, U.S. District Court for the Southern District of New York  |  12/7/2011

Stanley Ng, formerly the Securities and Exchange Commission (SEC) reporting manager at Marvell Technology Group Ltd., has pleaded guilty in connection with his involvement in an insider trading scheme, according to Preet Bharara, U.S. Attorney for the Southern District of New York. More...

Maryland Owner of “Advertising Investment” Companies Pleads Guilty in $6.3 Million Fraud Scheme

U.S. v. Edward J. Lawson  |  Case No. 8:11cr146, US District Court for the District of Maryland  |  12/8/2011

Edward J. Lawson, age 67, of Silver Spring, Maryland has pleaded guilty to wire fraud in connection with a $6.2 million fraudulent investment scheme. More...

Administrative Proceeding Instituted against Securities Trader for Cross-Border Fraudulent Interpositioning Activity

In the Matter of Aurelio Rodriguez  |  SEC No. 2011-277, Release No. 9289, File No. 3-14678  |  12/23/2011

The Securities and Exchange Commission has charged a former securities trader at a San Diego-based brokerage firm with orchestrating an illegal trading scheme. More...

District Court Orders Plastics Executive to Pay $49.5 Million in SEC Case

Securities and Exchange Commission v. Alfred S. Teo, Sr., et al.  |  SEC No. 2011-275, Litigation Release No. 22209, Civil Action No. 04-1815-SDW-MCA (D. N.J.)  |  12/22/2011

The Securities and Exchange Commission has announced the successful resolution of its trial against a plastics industry executive charged with lying in SEC filings regarding his ownership of Musicland Stores Corporation stock. More...

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Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Banc of America Securities LLC

Citicorp USA, Inc.

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

California Department of Corporations

The Royal Bank of Scotland plc

RiverSource Investments, LLC

Harris Nesbitt Corp.

Consolidated Management Group, LLC

The Bank of Nova Scotia

Asset Management Holding AG

Deutsche Bank

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

Alex Brown, Inc.

Tellabs, Inc.

Deutsche Bank Securities, Inc.

Mizuho International PLC

SG Cowen Securities Corp.

Makor Issues & Rights, Ltd.

ABN AMRO Inc.

Lydia Capital, LLC

Suntrust Capital Markets, Inc.

Tribune Company

Fleet Securities, Inc. n.k.a. Bank of America, N.A.

City of Philadelphia Board of Pensions and Retirement

The Bank of New York Company, Inc.

Staples, Inc.

CIBC, Inc.

Citibank, N.A.

Metal Management, Inc.

European Metal Recycling, Ltd.

Salomon Smith Barney Inc. n.k.a. Citigroup Global Markets, Inc.

Calyon Securities (USA), Inc. f.k.a. Credit Lyonnais Securities (USA) Inc.

Calyon New York Branch (successor by operation of law to Credit Lyonnais New York Branch)

Salomon Smith Barney, Inc.

JPMorgan Chase & Co.

Dynex Capital Inc.

Citigroup, Inc.

JPMorgan Securities Inc.

Merit Securities Corp.

Scotia Capital (USA), Inc.,

Teamsters Local 445 Freight Division Pension Fund

Additional Resources

Securities Law