Securities Fraud

January 13, 2020

San Francisco-based fund advisor Michael Rothenberg has been ordered to pay more than $31 million for misappropriating millions of dollars in client funds.  Instead of investing clients funds in emerging technology, the head of Rothenberg Ventures LLC allegedly funneled it toward personal business ventures and events, in violation of the antifraud provisions of the Investment Advisers Act of 1940.  As part of the settlement, Rothenberg has also agreed to be barred from the securities industry for five years.  SEC

December 12, 2019

Two oil and gas executives have settled insider trading charges with the SEC by agreeing to pay nearly $6 million in civil penalty, disgorgement, and prejudgment interest.  The two, John Davidson and John Special, allegedly purchased shares of medical device company, Covidien PLC, upon learning non-public information about a potential merger with Medtronic PLC.  When news of the merger was officially released, investment accounts controlled by the men earned over $1 million in illicit gains.  SEC

December 9, 2019

Colorado resident Jeffrey O. Friedland and two companies associated with him, Intiva Pharma LLC and Global Corporate Strategies LLC, have entered into a $4.2 million settlement -- $2.1 million in disgorgement plus a $2 million penalty and prejudgment interest -- with the SEC, resolving charges that Friedland and his companies fraudulently promoted the stock of cannabis company OWC Pharmaceutical Research Corp.  Friedland and his companies were alleged to have misrepresented their ownership interest in OWC, as well as Friedland's compensation in OWC stock in exchange for his promotion of the shares.  SEC

November 15, 2019

Three whistleblowers who jointly submitted a tip to the SEC were awarded $260,000.  The information provided by the unidentified whistleblowers lead to a successful enforcement action against a fraud that targeted retail investors.  The whistleblowers were reported to be investors who were themselves harmed by the conduct.  SEC

November 4, 2019

Golden California Regional Center and its principal Bethany Liou will pay over $50 million in disgorgement and interest to resolve charges of fraud in connection with their sale of interests in the GCRC Cupertino Fund, LP as securities qualifying under the EB-5 visa program.  Defendants represented that investor funds would be used to finance real estate development but, in fact, Liou diverted the funds to personal use.  SEC

October 2, 2019

Brokerage firm Lek Securities Corp. and its CEO Sam Lek will pay almost $2 million to resolve allegations that they facilitated the manipulative trading scheme of Ukraine-based customer Avalon FA, Ltd.  Lek provided Avalon with the means to engage in "layering" and other cross-market manipulation.  Layering involves placing and canceling orders to signal inaccurate prices.  Avalon also engaged in other practices to buy and sell stocks to artificially impact options prices.  Lek Securities will pay a $1 million penalty plus $526,000 in disgorgement and interest; Sam Lek will pay a $420,000 penalty.  Defendants have admitted the facts alleged and Lek Securities has agreed to retain an independent compliance monitor.  SEC

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