1. On January 31, 2022, the SEC instituted administrative proceedings against Robert Van Zandt. Van Zandt participated in a scheme to sell more than $35.5 million in bogus securities to 250 investors. Rather than invest their moneys as promised, Van Zandt used his investors’ funds to pay earlier investors and satisfy personal expenses. This matter … Read More
1. On December 29, 2021, the SEC instituted administrative proceedings against Laurence Balter. Balter fraudulently allocated profitable trades to his own accounts to the detriment of several client accounts. Further, Balter falsely told his clients who invested in the Oracle Fund that they would not pay both advisory fees and management fees for the portions … Read More
On November 24, 2021, the SEC instituted administrative proceedings against Upright Financial Corp. and David Chiueh. Upright, as UPUPX’s investment adviser, and Chiueh made investments for UPUPX that were inconsistent with UPUPX’s classification as a diversified investment company, and UPUPX’s fundamental policy with respect to industry concentration as disclosed in its registration statement. Upright and … Read More
On October 29, 2021, the SEC charged BNZ, Brett Barber and Louis Zimmerle for fraudulently raising $13.5 million from more than 100 retail investors. BNZ, Barber, and Zimmerle told investor that BNZ was in the business of making investments in real estate and alternative investments and promising to pay investors significant returns, generally 10% per … Read More
On September 30, 2021, the SEC charged Naseem Salamah, an investment adviser representative formerly associated with a state-registered investment adviser, with allegedly defrauding his advisory clients out of nearly $1 million. Salamah stole more than $950,000 from at least three elderly advisory clients. Salamah chose these three clients because he did not think they would … Read More
On July 30, 2021, Coburn & Meredith, a dually-registered investment adviser and broker-dealer, settled charges for its disclosure failures and misleading statements to clients regarding (1) fees received for advising clients to purchase and hold mutual fund share classes that paid fees pursuant to Rule 12b1 under the Investment Company Act of 1940 (“12b-1 fees”) … Read More
1. June 14, 2021, Commissioners Hester Peirce and Elad Roisman continued their attack on SEC Commissioner Gary Gensler by issuing their third public statement in connection with Chair Gensler’s regulatory agenda. Key comments include: • The Agenda makes clear that the Chair’s recent directive to SEC staff to consider revisiting recent regulatory actions taken … Read More
On April 28, 2021, after less than 6 days, Alex Oh resigned her position as Director of the Division of Enforcement for “personal reasons”. https://www.sec.gov/news/press-release/2021-75 and https://www.sec.gov/news/press-release/2021-69 and https://www.bnnbloomberg.ca/sec-enforcement-chief-alex-oh-resigns-just-days-after-taking-job-1.1596627 On April 23, 2021, Andrew Franzone, former owner of a race car team, and investment adviser FF Fund Management, LLC, settled charges that he fraudulently raised … Read More
On March 24, 2021, Troy Marchand and Tyler Sadek, former principals of Foundry Capital Group, a state-registered investment adviser that managed a private fund, settled charges for making misrepresentations and omissions to fund investors about the status of fund holdings and projected revenue. The settlement with Marchand included charges related to misrepresentations and omissions to … Read More
A significant post November regulatory event is noted for advisers with more than 5 clients in the State of New York.  On December 2, 2020, New York Attorney General Letitia James announced the adoption of final rules that will modernize registration and filing with the Investor Protection Bureau in the Office of the Attorney General … Read More