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Page 9 of 57

May 17, 2022

R360 LLC and its owner, Steven Doumar, were hit with a $3.8 million civil penalty judgment under the Opioid Addiction Recovery Fraud Prevention Act of 2018, for deceiving people seeking addiction treatment. The case, a first for the FTC under the Act, alleges that R360 made misrepresentations in its television ads for its “R360 Network,” comprised of supposed addiction treatment and recovery specialists. R360 and Doumar touted a rigorous evaluation process for its service providers, to meet the customers’ individualized needs, when, according to the government’s complaint, Doumar was the one responsible for assessing and selecting the treatment centers, even though he had no expertise or education in the field. The FTC also secured an order prohibiting Doumar from making similar misrepresentations going forward. FTC

May 17, 2022

Allianz Global Investors U.S. LLC pleaded guilty to securities fraud and agreed to pay a criminal fine of $2.3 billion, an SEC penalty of $675 million, and over $5 billion in disgorgement and restitution to victims.  Three former AGI senior portfolio managers, Gregoire Tournant, Trevor Taylor, and Stephen Bond-Nelson, also pleaded guilty to related charges and will be sentenced at a later date.  As part of its plea, AGI admitted that between 2014 and 2020, AGI and the individual defendants made false and misleading statements to current and prospective investors in AGI’s Structured Alpha Funds which understated downside risks and overstated the level of independent risk oversight over the funds.  While the funds promised risk management and hedging, the actual investment strategy prioritized returns over risk management, and the promised hedging positions were not purchased.  To conceal losses and understate the magnitude of the actual risks, defendants fraudulently altered numerous financial reports and other information provided to investors.  The scheme was exposed when the funds experienced billions in losses during the 2020 COVID-related market volatility. With its guilty plea, AGI US is disqualified from providing advisory services to U.S.-registered investment funds for the next ten years, and will exit the business of conducting these fund services.  SEC; DOJ; SDNY

May 6, 2022

NVIDIA Corporation has agreed to a cease-and-desist order and to pay a $5.5 million penalty for violations of the Securities Act and the disclosure provisions of the Securities Exchange Act. NVIDIA failed to disclose cryptomining as a significant element of its material revenue growth, depriving investors of critical information related to the investment’s volatility. SEC

May 5, 2022

Kohl’s and Walmart will pay $5.5 million in penalties for alleged violations of the Textile Fiber Products Identification Act, Textile Rules, and FTC Act for deceptively advertising rayon products as being made of bamboo, for falsely attesting to their environmentally-friendly qualities. They engaged in this behavior despite being warned by the FTC in 2010 that advertising rayon products as bamboo products violated the Textile Rules and FTC Act. DOJ

May 4, 2022

Intuit reached an agreement with all 50 states to pay $141 million in restitution for deceptively steering low-income taxpayers to a paid tax preparation service rather than the free service as advertised. Intuit utilized deceptive television ads (“free, free, free”), paid search advertisements to direct customers to Intuit’s “freemium” product, and blocked its IRS Free File landing page from search engine results during the 2019 tax filing season. NYAG; NJ OAG; DE AG; FL AG; NY AG; PA AG; NC AG

April 28, 2022

Publicly-traded asset manager Medley Management and its former CEOs, Brook and Seth Taube, have agreed to pay $10 million in civil penalties to resolve SEC charges of making material misrepresentations to investors and clients.  Through multiple public filings dating back to at least 2016, Medley and the Taubes allegedly overstated assets under management, failed to disclose certain risks, and made unfounded projections of Medley’s likely future growth to sway investors toward voting for a merger between Medley and two of its clients.  SEC

April 19, 2022

John Rick Winer, 68, will spend 262 months in federal prison and pay $11 million in restitution for conspiring to defraud investors via a scheme spanning several US states. Winer, with his co-conspirators, solicited millions from donors for nonexistent charitable or humanitarian projects, and then laundered the proceeds. The conspirators utilized numerous fake entities, including one “House of Winer” to further the fraud. Winer is required to forfeit a residence in Norway, a luxury vehicle, approximately $4 million in silver coins, and a laptop. Upon completion of his prison term, Winer will spend 3 years under supervised release. USAO SD

April 14, 2022

Andrew J. Chapin, former CEO of Benja Inc. will pay $2.8 million to settle  charges that he violated the antifraud provisions of the Securities Act and the Securities Exchange Act. Chapin touted Benja’s online advertising platform as successful, claiming it generated millions in revenue from popular consumer brands. He enlisted the help of associates who impersonated actual Benja representatives, as well as a person who posed as the “founder” of a venture capital fund who had invested heavily in Benja. Chapin is enjoined from further SEC violations and is barred from serving as an officer or director of a public company. SEC

April 12, 2022

Robert A. Karmann, a CPA and former CFO of DC Solar, was sentenced to 6 years in prison and ordered to pay $624 million for his role in perpetrating a Ponzi-style scheme, by taking new investor money to pay older investors, and deploying circular transactions to cover up their illicit behavior. DC Solar manufactured trailer-mounted solar generators and marketed them as having extensive third-party lease demand. Karmann and his co-conspirators offered falsified financial statements and operation reports and provided fabricated revenue summaries to victims of the scheme. Karmann oversaw the hidden transfers of funds, gave false information to investor representatives, and instructed a subordinate to “make it up” when asked by a customer for reports on the location of their solar generators. USAO EDCA

April 7, 2022

Alan Friedland, Fintech Investment Group, Inc., and Compcoin LLC will pay $1.8 million to settle allegations of Commodities Exchange Act violations. Friedland, through his companies, fraudulently solicited customers to invest in a nonexistent proprietary forex trading algorithm, ART, which promised highly successful prediction of forex rates for its users. The defendants solicited customers over a 2-year period, knowing that the required approval from National Futures Association had not been obtained. The approval never materialized, and the investors were saddled with a worthless digital asset. The Court entered an order for permanent injunction, monetary sanctions, and equitable relief against the defendants. CFTC
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