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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FDA Chemist Pleads Guilty to Using Insider Information to Trade on Pharmaceutical Stocks Resulting in Almost $4 Million in Profits

U.S. v. Cheng Yi Liang  |  Case No. 8:11cr530  |  10/18/2011

A Food and Drug Administration (FDA) chemist has pleaded guilty before U.S. District Court Judge Deborah K. Chasanow in the District of Maryland to one count of securities fraud and one count of making false statements, related to a $3.7 million insider trading scheme that spanned nearly five years, according to Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the District of Maryland Rod J. Rosenstein; James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office; and Elton Malone, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Office of Investigations, Special Investigations Branch. More...

Hard Money Lender Broker Convicted of Stealing over $6.9M from Investors in Ponzi and Real Estate Fraud Scheme

Case No. _________,  |  U.S. v. Mark Alan Helsing  |  10/3/2011

A broker for “hard money lenders” was convicted today of stealing $6.9 million from investors in a Ponzi and real estate fraud scheme. More...

National Accounting Firm Charged with Improper Audit of Commodity Futures Merchant

In the Matter of David Shane and McGladrey & Pullen, LLP  |  CFTC Docket No. 11-23, CFTC Release No. pr6114-11  |  9/22/2011

The U.S. Commodity Futures Trading Commission (CFTC) has filed and simultaneously settled an administrative proceeding against McGladrey & Pullen, LLP (McGladrey), a nationwide public accounting firm with offices in Chicago, Ill., and a McGladrey partner, David Shane, a certified public accountant (CPA) licensed in Illinois. More...

Wachovia and Raymond James to Repurchase Auction Rate Securities and Pay $3.26 Million in Civil Penalties under Separate Consent Orders

In re: Wachovia Securities, LLC, Wachovia Capital Markets, LLC, Raymond James & Associates, Inc. and Raymond James Financial Se  |  Case No.________  |  10/4/2011

The New Jersey Bureau of Securities, within the Division of Consumer Affairs, has signed Consent Orders requiring Wachovia Securities, LLC and Wachovia Capital Markets, LLC (“Wachovia”), and Raymond James & Associates, Inc. and Raymond James Financial Services, Inc. (“Raymond James”), to repurchase auction-rate securities (ARS) from New Jersey clients to settle allegations that the firms sold ARS without disclosing known risks of the ARS market. More...

Investment Club Manager Pleads Guilty to $40 Million Investments Fraud

U.S. v. Alan James Watson  |  DOJ No. 11-1240, Case No. _____, U.S. District Court for the Eastern District of Virginia  |  9/22/2011

Alan James Watson, 46, of Clinton Township, Mich., has pleaded guilty to fraudulently soliciting and accepting $40 million from more than 750 members of his investment club and losing nearly all of it through non-disclosed, high-risk investments. More...

Action Filed to Halt Green-Product Themed Ponzi Scheme

SEC v. Eric J. Aronson  |  SEC No. 2011-201, Case No. 11cv7033, U.S. District Court for the Southern District of New York  |  10/6/2011

The Securities and Exchange Commission has obtained an emergency court order to halt a Ponzi scheme that promised investors rich returns on water-filtering natural stone pavers, but bilked them of approximately $26 million over a four-year period. More...

Leader of $200M Real Estate Investment Scam Charged in 45-Count Indictment with Fraud and Money Laundering

U.S. v. Eliyahu Weinstein  |  Criminal Case No. ______, U.S. District Court for the District of New Jersey  |  10/27/2011

Eliyahu Weinstein, a/k/a “Eli Weinstein,” a/k/a “Edward Weinstein,” a/k/a “Eddie Weinstein,” has been indicted by a federal grand jury in Newark on charges alleging he ran an investment fraud scheme causing losses of at least $200 million, New Jersey U.S. Attorney Paul J. Fishman announced. More...

FTC Wins $29.8 Million Judgment in Bogus Government Grant Case

Federal Trade Commission v. Grant Connect, LLC, et al.  |  FTC File No. 092 3108, Civil Action No. 09-CV-01349-RLH-RJJ, United States District Court For The District of Nevada  |  11/14/2011

The Federal Trade Commission has won a $29.8 million judgment against the remaining defendants behind a deceptive marketing operation known as Grant Connect. More...

Former Tech Company Manager Gets 18 Months in Prison for Conspiring to Engage in Insider Trading

U.S. v. Manosha Karunatilaka  |  No. S311CR32JR; No. 1:10-mj-02823  |  9/16/2011

United States Attorney for the Southern District of New York Preet Bharara announced that Manosha Karunatilaka has been sentenced in Manhattan federal court to 18 months in prison for conspiring to participate in an insider trading scheme in which he defrauded a public company to obtain material, nonpublic information and provided that information to members of the investment community for the purpose of executing securities transactions. More...

Scheme Involving Investments Purportedly to Help Homeowners Restructure Mortgages Put to a Halt

SEC v. James G. “Jay” Temme and Stewardship Fund LP  |  SEC No. 2011-213, Case No. ____, U.S. District Court for the Eastern District of Texas  |  10/18/2011

The Securities and Exchange Commission has obtained an emergency court order to freeze the assets of a Texas resident and his company charged with falsely telling investors he was using their money to buy and restructure pools of non-performing home mortgages in the wake of the housing market’s decline. 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.

Citicorp USA, Inc.

Banc of America Securities LLC

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.

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

Aetna, Inc.

Cowen & Co., LLC f.k.a. SG Cowen Securities Corp.

Societe Generale

SunTrust Bank

TD Securities (USA), Inc.

BMO Nesbitt Burns Corp. n.k.a. Harris Nesbitt Burns Corp.

Buchanan Ingersoll & Rooney Professional Corporation

Consolidated Leasing Hugoton Joint Venture #2

W. R. Huff Asset Management Co., LLC

Consolidated Leasing Anadarko Joint Venture

ABN AMRO Bank N.V.

Guardian Capital Management

Free Enterprise Fund

Banc of America, N.A.

Vesta Insurance Group, Inc.

Beckstead and Watts, LLP

Barclays Bank PLC

Torchmark Corp.

Public Company Accounting Oversight Board

BNY Capital Markets, Inc.

KPMG Peat Marwick, LLP

Deloitte & Touche LLP

Credit Suisse Securities (USA) LLC

Credit Lyonnais Securities (USA) Inc.

Florida State Board of Administration

The Cleaners & Caulkers Local 1 Pension Fund

Credit Suisse, New York Branch

Ameriprise Financial, Inc. f.k.a. American Express Financial Corp.

Additional Resources

Securities Law