Archive

December 12, 2022

The SEC approved a whistleblower award of $20 million to an anonymous individual who voluntarily provided original information to the Commission that significantly contributed to an investigation that had been previously opened based on a referral from the Division of Examinations.  While noting that much of the information provided by the whistleblower was already known to Enforcement staff, the individual provided some helpful new information, met with Enforcement Division staff multiple times, and remained cooperative throughout the investigation.  SEC

December 2, 2022

Global technology company ABB Ltd. will pay over $315 million for violating the Foreign Corrupt Practices Act. Between 2014 and 2017, ABB paid bribes to Eskom Holdings Limited, a South African state-owned and controlled energy company. The bribes were paid to subcontractors associated with a South African government official and were used to obtain business advantages in the awarding of contracts. ABB conducted sham negotiations on pre-arranged pricing, and falsely recorded payments—portions of which were meant as bribes—to subcontractors as legitimate business expenses. DOJ; SEC

November 29, 2022

William Sadleir, the founder, owner, and operator of a defunct film distribution company accused of defrauding a publicly traded fund, has been ordered to spend 6 years in prison and pay $31.6 million in restitution to resolve a criminal case against him.  A separate SEC order to pay $13.8 million in disgorgement and nearly $4 million in prejudgment interest was deemed satisfied by the restitution order in the criminal case.  According to the press release, Sadleir’s Aviron Group LLC received a $75 million investment by BlackRock Multi-Sector Income Trust (BIT).  Rather than use the funds to support its film distribution activities, however, Sadleir misappropriated them for his personal use, including buying, renovating, and furnishing a mansion.  SEC

November 28, 2022

An anonymous whistleblower received a $20 million award from the SEC, with the SEC finding that the whistleblower provided significant information and continuing helpful assistance in the Commission’s investigation.  The award order notes that the individual did not have information relating to one part of the enforcement action, and delayed reporting for two years after being involved for a short period in the conduct underlying part of the enforcement action, at the direction of their supervisor.  Four other claimants were denied any award related to the covered action.  SEC

November 21, 2022

Michael and Betsy Feinberg, owners of Catharon Software Company and who lied about having developed software capable of generating large returns for investors and philanthropists, will spend 5 years in prison and pay restitution for the $5 million in victim losses. The software, called VDelta, was in fact not under development, yet over a period of 15 years, the Feinbergs lied to investors with false promises about the software’s completion, release date and capabilities. Their investors were comprised mostly of the Feinbergs’ friends and associates located in Sedona, Arizona. The stolen funds were used to pay the Feinbergs’ salaries and to pay for personal expenses. USAO AZ

November 21, 2022

Ruixue “Serena” Shi will spend 20 years in federal prison and has been ordered to pay nearly $36 million in restitution for defrauding investors out of tens of millions of dollars. Shi, convicted on one count of wire fraud, was the general manager of Global House Buyer LLC, a China-based real estate company with an office in Los Angeles. Shi inked a deal with Dakota Development, a subsidiary of SBE Entertainment, to build a real estate development in the City of Coachella consisting of luxury condos, a hotel complex, and conference facilities. Shi solicited investments from mostly Chinese investors, preying on their ignorance of English and trust in the American economy, and led them to believe their investment would help them obtain an American visa. USAO CDCA

November 21, 2022

Todd and Julie Chrisley, married television personalities and newly-convicted fraudsters, will spend 12 and 7 years in federal prison, respectively, for conspiracy to commit bank fraud, bank fraud, wire fraud, and conspiracy to commit tax evasion. The Chrisleys defrauded Atlanta-area community banks to obtain more than $36 million in personal loans by submitting false banking and personal financial statements. After funding their lavish, undeserved lifestyle with the multi-million-dollar loans, Todd Chrisley filed bankruptcy, walking away from over $20 million in loans. Both before and during the trial, the Chrisleys attempted to obstruct justice, including by submitting a fraudulent document in response to a grand jury subpoena. In addition to serving time in prison, the Chrisleys will be required to pay restitution in an amount to be determined later. USAO NDGA

November 2, 2022

CBS and former CBS President and CEO Leslie Moonves will pay $30.5 million for working with a LAPD captain to conceal sexual assault allegations against Moonves, misleading investors by concealing information about the allegations, and for insider trading based on that information. CBS executives coordinated with the LAPD captain to prevent the complaint from being leaked to the press. As part of the settlement, CBS will reform its HR practices around sexual harassment, and Moonves is prohibited from serving as an officer or a director of any public company doing business in NY, without written approval by OAG. NYAG

November 1, 2022

Two Florida-based companies and their owners have been ordered to pay more than $24.8 million for violating the state Consumer Protection Act by sending 232,091 deceptive letters to more than 15,000 small business owners in Washington State, resulting in $1.3 million in payments to the fraudsters.  The letters by CA Certificate Service and Labor Poster Compliance appeared to originate from the government and demanded payment for certificates or posters that were implied to be mandatory, but were in fact available free of charge from state and federal agencies.  Although the nationwide fraud scheme resulted in $5.3 million in losses around the country, this is the first judgment against the defendants.  WA AG

October 31, 2022

The SEC has awarded more than $10 million to a whistleblower who provided critical information and assistance that contributed significantly to a successful enforcement action.  In addition to providing important documents, the whistleblower also met twice with agency staff, resulting in charges that closely mirrored the whistleblower’s allegations, as well as significant funds being returned to harmed investors.  SEC