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June 25, 2021

Three Credit Suisse entities—Credit Suisse International, Credit Suisse Securities Europe Limited, and Credit Suisse Capital LLC—have been ordered to pay a $1.5 million civil monetary penalty to resolve charges of failing to comply with swap data reporting obligations between 2013 and 2018.  Specifically, the entities reported the mark-to market notational value of underlying equity rather than the daily mark of certain equity swap transactions.  The failure resulted in errors in the majority of the reportable equity swap transactions submitted to the swap dealer repository.  CFTC

Tagged in: Financial Institution Fraud, Fraud in CFTC-Regulated Markets, Regulatory Violations,

June 25, 2021

UK-based global engineering company Amec Foster Wheeler Energy Limited, a subsidiary of John Wood Group plc, has agreed to pay more than $40.7 million in criminal fines, disgorgement, and interest, and enter into a three-year deferred prosecution agreement to settle foreign bribery charges involving a $190 million contract from state-owned Petróleo Brasileiro S.A. (Petrobras) to design a gas-to-chemicals complex in Brazil.  Through employees located in New York and Texas, Amec Foster Wheeler allegedly conspired with others to pay bribes to win the contract, earning at least $12.9 million in profit as a result. The company also reached settlements with the United Kingdom’s Serious Fraud Office and Brazilian authorities, and will receive credits for payments made to those entities. USAO EDNY; DOJ; SEC

Tagged in: Criminal Proceedings, FCPA, Financial and Investment Fraud,

June 24, 2021

A whistleblower whose information and ongoing assistance led to multiple SEC enforcement actions has been awarded more than $1 million.  According to the agency, the whistleblower played a critical role in the enforcement actions by prompting the investigation and saving the agency significant time and resources.  SEC

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Whistleblower Rewards,

June 24, 2021

Gateway One Lending & Finance, LLC, which originates, securitizes, and services auto loans, agreed to pay $6.5 million in disgorgement, prejudgment interest, and civil penalties to resolve charges that it understated the historic losses of its auto loans and overstated the projected future performance for six auto loan-backed securitizations.  SEC

Tagged in: Financial and Investment Fraud, Misrepresentations, Securities Fraud,

June 22, 2021

Loci Inc., whose InnVenn platform provides intellectual property search services for inventors and others users, will pay $7.6 million to resolve SEC charges arising from its unregistered initial coin offering of "LOCIcoins."  In the course of the ICO, Loci and its CEO John Wise allegedly misrepresented the company’s revenues, number of employees, and InnVenn’s user base. SEC

Tagged in: Cryptocurrency, Financial and Investment Fraud, Misrepresentations, Regulatory Violations, Securities Fraud,

June 21, 2021

The SEC has issued awards totaling nearly $5.3 million to whistleblowers whose information caused the SEC to launch investigations that ultimately resulted in successful enforcement actions.  In the first award, a whistleblower received nearly $4 million for extraordinary assistance, including providing documents, identifying witnesses, and participating in hours of interviews.  In the second award, three whistleblowers received about $1.3 million for providing ongoing assistance that conserved agency time and resources.  SEC

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Whistleblower Rewards,

June 15, 2021

Real estate settlement services company First American Financial Corporation will pay a penalty of $487,616 to resolve allegations that the publicly-traded company released incomplete information about a cybersecurity vulnerability in its document sharing platform that exposed over 800 million document images dating back to 2003, including images containing sensitive personal data such as social security numbers and financial information. The SEC charged that First American had deficient disclosure controls that left senior management unaware of the company's earlier discovery of the vulnerability and its attempts to remediate it.  SEC

Tagged in: Cybersecurity and Data Breaches, Financial and Investment Fraud, Misrepresentations,

June 14, 2021

The SEC has awarded approximately $3 million to two whistleblowers whose separate tips led to a successful enforcement action.  According to the press release, the first whistleblower’s early tip helped agency staff develop its case and focus its resources, while the second whistleblower helped uncover misappropriated funds and fraudulent transfers.  SEC

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Whistleblower Rewards,

June 3, 2021

The CFTC obtained a default judgment against Florida resident James Frederick Walsh, who was ordered to pay a penalty of more than $500,000.  Walsh, who was not registered with the CFTC, marketed himself through social media as an experienced foreign exchange trader who could conduct retail forex trades for customers.  Walsh advertised that the COVID-19 pandemic created an opportunity for increased forex trading profits,  guaranteed returns, and claimed to have inside information about forex markets.   CFTC

Tagged in: COVID-19, Foreign Exchange, Fraud in CFTC-Regulated Markets, Misrepresentations,

June 3, 2021

A man in Kansas, Christopher Matthew Meredith, has been ordered to spend 14 years in prison and pay over $6.8 million in restitution for defrauding investors to his company, Strategic Pharma, Inc. (SPI).  In addition to failing to disclose that he was under investigation for an investment fraud scheme in Florida, Meredith had falsely represented to investors that SPI had entered into lucrative agreements, including with the Department of Veterans Affairs, that would result in substantial revenue for SPI.  USAO WDTX

Tagged in: Criminal Proceedings, Financial and Investment Fraud, Misrepresentations,

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