Securities Law Updates

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Lawson et al. v. FMR LLC: Sarbanes-Oxley’s Whistleblower Protection Is Limited to Employees of Publicly Traded Companies

By Josh Lawler and Kevin A. Malcolm of Zuber & Taillieu

In a split decision, the First Circuit recently held that Sarbanes-Oxley’s whistleblower protection is limited to employees of publicly traded companies and thus excludes employees of a publicly traded company’s contractors. In Lawson et al. v. FMR LLC, 670 F.3d 61 (1st Cir. 2012), a case of first impression, the… More...

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FINRA Fines Wells Fargo $2 Million for Unsuitable Sales of Reverse Convertibles to Elderly Customers and Failure to Provide Breakpoints on UIT Sales

In re: Wells Fargo Investments, LLC  |  CRD No. 10582  |  12/15/2011

The Financial Industry Regulatory Authority (FINRA) has fined Wells Fargo Investments, LLC, $2 million for unsuitable sales of reverse convertible securities through one broker to 21 customers, and for failing to provide sales charge discounts on Unit Investment Trust (UIT) transactions to eligible customers. More...

Federal and State Regulators Appoint Administrator to Return $200 Million to Investors

In the Matter of Morgan Keegan & Company, Inc. and Morgan Asset Management, Inc.  |  File No. 3-13847  |  11/15/2011

The U.S. Securities & Exchange Commission and regulators from South Carolina, Alabama, Kentucky, Mississippi, and Tennessee have released the appointment of A.B. Data, Ltd. of Milwaukee to distribute $200 million to investors from the regulators’ settlements with Morgan Keegan & Company and Morgan Asset Management. More...

Former CEO to Return $2.8 Million in Bonuses and Stock Profits Received During CSK Auto Accounting Fraud

SEC v. Jenkins  |  SEC No. 2011-243, Case No. 2:09cv1510, US District Court for the District of Arizona  |  11/15/2011

The former chief executive officer and chairman of CSK Auto Corporation has agreed to return $2.8 million in bonus compensation and stock profits that he received while the company was committing accounting fraud, according to the Securities and Exchange Commission. More...

Use of Proprietary Risk Analytics in Inquiry Against Multiple Hedge Fund Managers Uncovers Investment Fraud

SEC v. Michael Balboa, et al.  |  SEC No. 2011-252, Case No. 11-civ-8731, U.S. District Court for the Southern District of New York  |  12/1/2011

As part of an initiative to combat hedge fund fraud by identifying abnormal investment performance, the Securities and Exchange Commission has announced enforcement actions against three separate advisory firms and six individuals for various misconduct including improper use of fund assets, fraudulent valuations, and misrepresenting fund returns. More...

Fake Hedge Fund Managers Charged in New Jersey for Alleged $3.5 Million Fraud Through Foreign Currency Investment Ponzi Scheme

U.S. v. George Sepero, et al.  |  Case No. ______, US District Court for the District of New Jersey  |  12/14/2011

Two men claiming to run New Jersey-based hedge funds using a secret computer program to invest in foreign currency are charged for allegedly defrauding victims out of more than $3.5 million and spending the investments on high-end vehicles, luxury travel and five-figure bar tabs, according to U.S. Attorney for the New Jersey Paul J. Fishman. More...

Stockbroker Charged for Defrauding Hundreds of Bolivian Investors

U.S. v. Hector Gallardo  |  Criminal Case No. 1:11mj1079, U.S. District Court for the Eastern District of New York  |  11/3/2011

Hector Gallardo, a registered representative and a holder of Series 7 and 63 licenses, issued by the Financial Industry Regulatory Authority, was arrested on wire fraud charges. More...

ICE Reaches $25 Trillion Milestone in Global CDS Cleared

No. _____  |  11/15/2011

IntercontinentalExchange (NYSE: ICE), an operator of global regulated futures exchanges, clearing houses and over-the-counter (OTC) markets, announced that its credit default swap (CDS) clearing houses surpassed $25 trillion in cumulative gross notional value during the week ending November 11, 2011. More...

FINRA Orders Chase to Reimburse Customers $1.9 Million for Unsuitable Sales of UITs and Floating-Rate Loan Funds

In re: Chase Investment Services Corp., Respondent  |  Broker-Dealer No. 25574  |  11/15/2011

The Financial Industry Regulatory Authority (FINRA) has ordered Chase Investment Services Corporation to reimburse customers more than $1.9 million for losses incurred from recommending unsuitable sales of unit investment trusts (UITs) and floating rate loan funds. More...

Triton President and CEO Sentenced to Federal Prison for Bilking Hundreds of Investors of More Than $50 Million

U.S. v. Kurt Branham Barton  |  Criminal Case No. 1:11cr83, U.S. District Court for the Western District of Texas  |  11/4/2011

Kurt Branham Barton, founder, president, and CEO of Triton Financial, L.L.C., was sentenced to 17 years in federal prison followed by five years of supervised release for carrying out a Ponzi scheme which victimized more than 300 individuals and resulted in a total estimated loss to investors of over $50 million, according to the United States Attorney’s Office in the Western District of Texas. More...

Federal Prosecutors Unseal Accounting Fraud Charges Against Ex-President and Ex-Finance Director of One of Largest Outdoor Ad Companies

U.S. v. Todd Hansen, et al.  |  Case No. 1:11mj2779  |  11/4/2011

Federal prosecutors have unsealed accounting fraud charges against Todd Hansen, the former president of the United States division of one of the world’s largest outdoor advertising companies (the “Company”), and James Buckley, the former finance director of the Company. 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.

Salomon Smith Barney, Inc.

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

Dynex Capital Inc.

Citigroup, Inc.

JPMorgan Chase & Co.

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 Lyonnais Securities (USA) Inc.

Florida State Board of Administration

Credit Suisse Securities (USA) LLC

Deutsche Bank AG

The Cleaners & Caulkers Local 1 Pension Fund

Credit Suisse, New York Branch

Additional Resources

Securities Law