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Misrepresentations

This archive displays posts tagged as relevant to fraudulent misrepresentations in financial transactions and financial markets. You may also be interested in the following pages:

Page 23 of 60

October 10, 2019

A Maryland-based man has been sentenced to 22 years in prison for his role in a $396 million Ponzi scheme, the largest ever charged in Maryland.  Unbeknownst to hundreds of victim investors, the consumer debt portfolios they invested in through Kevin Merrill and co-conspirators Jay Ledford and Cameron Jezierski were fake, with Merrill, Ledford, and Jezierski going to great lengths to keep up the illusion.  The trio created imposter companies and bank accounts, fake documents, and invited would-be investors to tours of their Texas “office.”  By the time they were arrested in 2018, the scheme had raked in over $396 million, with another $260 million pending.  As part of his sentence, Merrill has also been ordered to pay restitution of at least $189 million.  USAO MD; SEC

Tagged in: Financial and Investment Fraud, Misrepresentations, Ponzi Schemes,

October 10, 2019

A billboard licensing company that manages licenses in New York, Texas, Minnesota, and Missouri has agreed to pay $2.85 million to resolve fraud allegations.  In 2009 and 2011, All Vision LLC entered into contracts with USPS to manage licenses and collect payments on land that USPS leases out to billboard companies.  As part of the contract, All Vision had agreed to forward lease payments, less fees, to USPS in a timely manner, but allegedly withheld at least $8 million in payments while misrepresenting the actual amounts collected.  All Vision has since repaid over $5.2 million; the $2.85 million settlement will resolve all remaining claims.  USAO CO

Tagged in: Government Procurement Fraud, Misrepresentations,

September 30, 2019

Longfin Corporation has been ordered to pay $6.8 million in a default judgment entered in a federal court case alleging that Longfin filed fraudulent papers to qualify for a public offering under Regulation A+, misrepresenting the business as being based in the U.S.  In addition, Longfin reported fictitious revenue from sham commodities transactions and unlawfully distributed Longfin shares, including in unregistered transactions and to insiders and affiliates.  SEC

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

September 27, 2019

Pharmaceutical manufacturer Mylan N.V. has agreed to pay $30 million to resolve SEC charges that the company failed to disclose or adequately accrue for possible losses arising from a DOJ investigation into Mylan's classification, pricing, and rebate practices regarding its EpiPen product.  In 2017, Mylan agreed to pay $465 million to resolve that DOJ investigation.  SEC

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

September 27, 2019

Fiat Chrysler Automobiles N.V. and its U.S. subsidiary FCA US LLC will pay $40 million to resolve SEC allegations that the automaker provided false and misleading information in press releases and regulatory filings about its monthly new vehicle sales and vehicle sales growth rate.  The SEC found that FCA US inflated new vehicle sales by paying dealers to report fake vehicle sales, but then failing to report those sales at the time.  Instead, Fiat Chrysler kept these sales in a separate database referred to internally as the "cookie jar," which the company would then dip into to report as current sales in a slow month.  SEC

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

September 27, 2019

Herbalife Nutrition Ltd. will pay $20 million to settle charges that it made misstatements in regulatory filings about its business in China.  While Herbalife, which has a direct sales model, claimed in filings that it did not use its customary multilevel marketing compensation model in China in order to comply with Chinese law, in fact, its compensation model in China was materially identical to its compensation model in every other country.  By failing to disclose this information, Herbalife was found to have deprived investors of valuable information regarding the risks faced by the company.  SEC

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

September 24, 2019

The SEC has simultaneously charged and settled with a global information and media analytics firm, Comscore, Inc., and its former CEO, Serge Matta, for $5 million and $700,000, respectively.  Comscore had been accused of manipulating the accounting of non-monetary transactions in order to present the illusion of smooth and steady growth to investors.  Matta also agreed to reimburse Comscore $2.1 million representing profits from the sale of Comscore stock and incentive-based compensation pursuant to Section 304(a) of the Sarbanes-Oxley Act and to the entry of an order barring him from serving as an officer or director of a public company for 10 years.  SEC

Tagged in: Financial and Investment Fraud, Misrepresentations,

September 23, 2019

Nissan, its former CEO Carlos Ghosn, and former director Greg Kelly have settled fraud charges by agreeing to pay a combined $16.1 million to the SEC.  From 2009 to 2018, Ghosn, Kelly, and subordinates at Nissan allegedly misled U.S. investors by concealing more than $90 million in executive compensation from public disclosure.  At the same time, using Ghosn’s authority to set individual compensation levels, including his own, the co-conspirators changed the calculation of Ghosn’s pension allowance to allow for more than $50 million in additional benefits.  To settle charges, Nissan agreed to pay $15 million, Ghosn agreed to pay $1 million, and Kelly agreed to pay $100,000.  SEC

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

September 20, 2019

After four years of litigation, the SEC obtained a $5.2 million judgment against Earl Miller, an Indiana-based defendant who leveraged his Amish heritage to raise money from investors from Michigan and Indiana Amish communities for two private funds. The SEC’s complaint alleged that Miller lied about investing in real estate and non-specified “green products” and that at least seventy-two investors lost over $4.1 million. SEC

Tagged in: Financial and Investment Fraud, Misrepresentations,

September 13, 2019

The SEC has enjoined Kevin B. Merrill, Jay B. Ledford, and Cameron R. Jezierski from further violations of securities laws, based on their role in a $345 million offering fraud, through which they represented to investors that their funds would used to acquire and service debt portfolios, but instead used investor funds to make payments to earlier investors, and to fund their own extravagant lifestyles.  The SEC continues to investigate the Ponzi-like scheme, and a receiver has been appointed for the involved entities, Global Credit Recovery, LLC, Delmarva Capital, LLC, Rhino Capital Holdings, LLC, Rhino Capital Group, LLC, DeVille Asset Management LTD, and Riverwalk Financial Corporation.  SEC

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

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