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Financial and Investment Fraud

This archive displays posts tagged as relevant to financial and investment fraud. You may also be interested in the following pages:

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May 5, 2022

Arthur Hayes, Benjamin Delo, and Samuel Reed, co-founders of BitMEX, were ordered to pay $30 million for AML violations and for illegally operating a cryptocurrency derivatives trading platform. From late 2014 through 2020, the defendants failed to implement and enforce preventative controls against unlawful conduct. BitMEX operated without CFTC approval to operate as a Designated Contract Market or a Swap Execution Facility. Further, BitMEX operated without registration as a Futures Commission Merchant, failed to implement a Customer Information Program, did not employ proper KYC procedures, and failed to implement an adequate AML program. CFTC

May 4, 2022

Brenda Smith, former investment manager for Broad Reach Capital LP, pleaded guilty to seven counts of securities fraud. She will pay $47.2 million in restitution, spend 109 months in prison, and spend another 3 years thereafter under supervised release, for orchestrating a $100 million securities fraud scheme. To further her fraud, Smith provided investors with false monthly account statements, made false representations about her personal investment in the company, satisfied redemption requests by diverting other investors’ funds to pay the redemption amounts, and transferred clients’ funds to investments that were outside the scope of the promised investment strategy. NJ USAO

SEC Keeps Crypto Fraud in Its Sights Through Expanded Enforcement Team

Posted  05/4/22
The SEC announced on May 3 that it was dramatically expanding its Cyber Unit and renaming the team the Crypto Assets and Cyber Unit.  The newly enlarged team will now include fully 50 enforcement personnel. The expanded team shows that the SEC is continuing to see crypto fraud as a major enforcement priority.  As the number of digital currencies continue to grow and the increasing number of new investors in the...

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

Stericycle Pays More than $84 Million to Settle FCPA Charges

Posted  04/26/22
Man Shaking Hand
Last Wednesday, Illinois-based waste management company Stericycle Inc. agreed to pay more than $84 million to settle foreign bribery charges brought in parallel by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and authorities in Brazil. The charges centered around payments Stericycle made to foreign officials in Brazil, Mexico, and Argentina to secure government contracts in those...

April 21, 2022

Bernard L. Compton, former accountant at Domino’s Pizza, will pay nearly $2 million for insider trading. Compton illicitly leveraged his insider role at Domino’s to trade ahead of 12 of the company’s earnings announcements between 2015 and 2020. Compton attempted to hide his crime by spreading the trades across several different brokerage accounts held by himself and his family members. Compton is permanently enjoined from practicing before the SEC. SEC

April 20, 2022

Waste management company Stericycle Inc. agreed to pay a total of $84 million and enter into a deferred prosecution agreement admitting to the payment of millions of dollars in bribes to government officials in Brazil, Mexico, and Argentina in order to obtain and retain business and to secure improper advantages in violation of the Foreign Corrupt Practices Act.  The company’s foreign subsidiaries maintained false records to conceal the bribes, which were typically paid in cash and recorded on spreadsheets using code words and euphemisms, including describing the payments made in Argentina as “alfajores.”  Stericycle’s total payment consists of a $28 million payment to resolve an investigation by the SEC, a $52.5 million criminal penalty, and $9.3 million to resolve investigations by the Controladoria-Geral da União (CGU) and the Advocacia-Geral de União (Attorney General’s Office) in Brazil, part of which will be credited to reduce the criminal penalty.  DOJ; 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 15, 2022

Damon Elliott, and his entity Piptastic Limited will pay almost $6.5 million in disgorgement and interest, and a civil penalty of nearly $100,000 for his promotion of a Ponzi scheme in violation of the antifraud provisions of the Securities Act and the Securities Exchange Act. Elliott, through Piptastic, misused investor assets, lied about the status of their investments, provided fabricated account statements, and lied about investors’ funds being safely held in trading accounts. In addition to the disgorgement and interest levied against Elliott, Piptastic is enjoined from further violations of the Securities Act and the Securities Exchange Act.  SEC

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
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