July 2026 SEC Updates

1. On July 29, 2026, Jamie McDonald has assumed the role of United States Attorney for the Southern District of New York. Earlier today, Judge Laura Taylor Swain, Chief District Judge for the Southern District of New York, informed the Office that the Court has appointed Mr. McDonald to serve as United States Attorney for … Read More

May 2026 SEC Updates

1. On June 1, 2026, the SEC issued an order increasing the dollar thresholds for determining “qualified clients” under Rule 205-3 of the Investment Advisers Act of 1940, which governs when advisers may charge performance-based fees. Effective June 29, 2026, the asset threshold increases from $1.1 million to $1.4 million, and the net worth threshold … Read More

April 2026 SEC Updates

1. On April 30, 2026, the SEC approved a Plan of Distribution for Rimar Capital USA, Inc., Rimar Capital, LLC, Itai Liptz, and Clifford Boro.  The case involved fraudulent SAFE offerings, where investors were misled about an AI-driven investment platform, raising nearly $4 million from 45 investors. Fair Fund: $310,000 (from penalties) Distribution: Based on … Read More

February 2026 SEC Updates

1. On February 25, 2026, the SEC issued an order instituting administrative proceedings against Madison Capital Funding LLC, a formerly registered investment adviser, for selling loans to private fund clients (“the Funds”) without reasonably determining whether those trades were at fair market value, contrary to its obligations under its advisory agreements and representations to investors. … Read More

January 2026 SEC Updates

1. In January 2026, regulators continue to focus on post-commitment period management fee calculations in private equity, viewing them as disclosure and conflict-of-interest risks tied to how advisers define “the base of the bill.” The SEC has warned that some private fund managers are not properly disclosing expenses—such as investment banking, legal, or financing costs—that … Read More

November 2025 SEC Updates

1. On November 25, 2025, the SEC instituted administrative proceedings against Joshua Charles Avikzer Goltry. Goltry, founder and Chief Investment Officer of JAG Cap and principal of JAG Capital Advisors, previously consented to a federal judgment permanently enjoining him from violating the antifraud provisions of the Securities Act, Exchange Act and Advisers Act. The SEC … Read More

October 2025 SEC Updates

1. On October 28, 2025, SEC Chairman Paul Atkins described the agency’s handling of off-channel communications over the last couple of years as “not the way a regulator should act.”  Chairman Atkins was responding to a question posed by the Securities Industry and Financial Markets Association about his thoughts on “e-communication, off-channel, the whole issue … Read More