November 2021 SEC Updates

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

October 2021 SEC Updates

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

August and September 2021 SEC Updates

  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

July 2021 SEC Updates

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

May and June 2021 SEC Updates

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

April 2021 SEC Updates

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

March 2021 SEC Updates

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

Attorney General Announced Adoption of Final Rules

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

Craig Rumbaugh Settles Charges

On November 24, 2020, Craig Rumbaugh settled charges that he defrauded advisory clients by misleading them about the terms of their investments, failed to disclose Respondent’s self-dealing and receipt of commissions in connection with those investments. The SEC  alleged that Rumbaugh, and two companies he owns and controls Rumbaugh Financial (“RF”), a California-registered investment adviser, … Read More