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Articles Posted in Securities and Exchange Commission

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SEC’s Use of In-House Judge in Insider Trading Case is Likely Unconstitutional, Rules Federal Judge

A federal judge has ruled that the decision by the Securities and Exchange Commission to have an in-house judge in an insider trading case was “likely unconstitutional.” In the wake of his decision, U.S. District Judge Leigh Martin May agreed to put a temporary stop to the regulator’s administrative case…

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SEC Files Insider Trading Charges Involving Secondary Stock Offerings

The Securities and Exchange Commission is filing insider trading charges against four persons accused of stealing confidential data from investment banks and public company clients so they could trade prior to secondary stock offerings. The four of them allegedly made over $4.4 million in illegal trading profits. Some 15 stocks…

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Merrill Lynch to Settle Short-Selling Case for $11M, Admits to Wrongdoing

The SEC said that Merrill Lynch (MER) would pay $11 million to resolve allegations of short-selling-related noncompliance. The regulator said that the wirehouse executed short sales in certain securities when the supply for this type of transaction was restricted. Customers frequently ask brokerage firms to “locate” stock that can be…

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Deutsche Bank Ordered to Pay $55M for Misstating Financial Reports During the Economic Crisis

The U.S. Securities and Exchange Commission is ordering Deutsche Bank AG (DB) to pay $55M to resolve charges accusing the firm of misstating financial reports during the peak of economic crisis. The regulator believes that the financial institution did not factor the material risk for possible losses of billions of…

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Gray Financial is Charged with Bilking Georgia Pension Funds

The SEC is accusing investment advisory firm Gray Financial, its co-CEO Robert C. Hubbard IV, and president/founder Laurence O. Gray with fraud. The regulator claims that the three of them of breached their duty to clients by directing certain pension funds to invest in a firm-offered alternative investment even while…

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More than $600K Whistleblower Award to Be Issued in SEC’s First Retalitation Case

The Securities and Exchange Commission will award a whistleblower more than $600,000 for providing original information that resulted in a successful enforcement action. That’s 30% of the total monies collected related to the case, In the Matter of Paradigm Capital Management, Inc. and Candace King Weir. It’s also the maximum…

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SEC Investigates Bank of America Merrill Lynch

According to The Wall Street Journal, the U.S. Securities and Exchange Commission is investigating Bank of America Corp. (BAC) and its Merrill Lynch unit to find out if the lender broke rules established to protect customers accounts. According to sources in the know, over a three-year period, Merrill Lynch used…

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BlackRock Advisors Settles SEC Charges Over Conflict of Interest Disclosures for $12M

BlackRock Advisors (BLK) has consented to be pay $12M resolve Securities and Exchange Commission charges claiming that a conflict of interest that occurred because a former portfolio manager’s outside business activity was not disclosed. Additionally, the firm agreed to a censure and will retain an independent compliance consultant to perform…

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SEC Files First Enforcement Action Protecting Whistleblower Confidentiality Agreements

The SEC has brought its first case for whistleblower protection violations involving Rule 21F-17. The Commission claims that KBR Inc. used language in confidentiality agreements that were improperly restrictive and could potentially impede the whistleblower process. According to the regulator, KBR required that witnesses involved in certain internal investigative interviews…

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SEC Examines Whether Banks Are Complying With Capital Rules

The Securities and Exchange Commission is looking at efforts by banks to comply with capital rules. The regulator is searching for improper activities involving the way these financial institutions value complicated assets, as well as transactions used to transfer risks to other entities. Following the financial crisis, when governments were…

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