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SEC

This press release from the USA's Securities and Investment Commission is about an old-fashioned (alleged) fund management fraud in which crypto-assets were the hook by which investors were encouraged to put money into a scheme which was not, says the SEC, what the promoters said it was.

The USA's Securities and Exchange Commission has announced its 100th award under its whistleblower scheme. It's the 33rd this year.

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The USA's Securities and Exchange Commission as done a deal with Power Solutions International Inc. of Chicago to "settle accounting fraud" allegations related to the company's overstatement of revenues by almost USD25 million.

It's not a criminal case so technically they are not "charges" which is how the SEC refers to them. And there's no judgment because the case didn't go to court. So the term "Order" is an administrative not a judicial document of record. Also, while the buzz is about "accounting fraud" the "fraud" was not the offence which the SEC proceeded with - that was filing misstated accounts.

Having cleared that up, the case is interesting: remember ENRON, anyone?

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In a congressional hearing in 1987, US Congressman Norman F Lent of New York put it to the Chairman of the USA's Securities and Exchange Commission, John SR Shad that Rudolph William Louis ("Rudy") Giuliani, then the US Attorney for the Southern District of New York, had a better public relations office than the SEC, it appearing that it was his office that had done all the work in the insider dealing case centred around Boesky, Milken, Levine and Drexel, Burnham, Lambert. Shad's explanation of the relationship which holds good today.

BIScom Subsection: 

Wells Fargo & Co and its subsidiary Wells Fargo Bank, N.A, have escaped prosecution, at least for the time being, by agreeing to hand over USD3,000 million to various agencies and departments of the US Government. It all started when the company decided it needed more account holders. Normal banks advertise or put young people on the streets with flyers. Wells Fargo had a different and shorter route - it would just create accounts for people, even if they hadn't asked for them. And that's not the full extent of what the bank is paying.

BIScom Subsection: 

In 2015, a news report said that the flooring products of a listed company, "Lumber Liquidators," contained dangerously high levels of Formaldehyde. The company issued a denial and filed it with the SEC. That denial was untrue.

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With the superficial attitudes of commentators on all sides of the media divide pushing risk and compliance professionals in the direction of their fashion-driven topics, it's useful to remind readers that while they are focussed on the next big thing, past big things remain a threat. Pump and dump is an example of market manipulation and, of course, a predicate crime for money laundering or, even, funding future crime including, possible, terrorist activity. What is even more surprising is that the same names crop up repeatedly but they never go to jail.

BIScom Subsection: 

The USA's Securities and Investment Commission pays a share of fines that it receives to those who blow the whistle and a financial penalty results. In August, the second largest award made so far brought the total payout to more than USD100 million.

FCRO Subsection: 

Sung Kook (Bill) HWANG has entered into an agreement - without admitting or denying the allegations - with the USA's Securities and Exchange Commission over the activities of two private funds: Tiger Asia Fund, L.P., and Tiger Asia Overseas Fund, Ltd.

BIScom Subsection: 

The USA's Securities and Investment Commission has commenced administrative (i.e. civil) proceedings against Linda Dianne Alexander, a 70 year old living in California, alleging that she has conducted a prime bank investment fraud since 2004 - and in doing so was offering securities despite being unregistered or associated with a registered broker-dealer.

BIScom Subsection: 

The Securities and Exchange Commission today sued AMMB Consultant Sendirian Berhad (AMC), a Malaysian investment adviser, alleging that for more than a decade, AMC charged a U.S. registered fund for advisory services that it did not request and that AMC did not provide. The total cost to the company in the USA? USD3,125,000.

The USA's Securities and Exchange Commission is, understandably, delighted: yesterday, it told a Court that USD230 million held in an offshore account in the name of a fund under investigation as a possible ponzi scheme has been transferred to the SEC pending the conclusion of investigations against Highview Point Partners and the operators of the fund.

Today is the 17th May. It's Tuesday. But in the USA, even on the East Coast, it's still Monday evening. That makes the deluge of enforcement announcements that the SEC has issued in the past few hours all the more impressive. Less impressive is that some related to action more than a week ago, and in some cases in February 2011 which renders them of less value for due diligence purposes where freezing orders have been obtained.

The USA's Securities and Exchange Commission has started proceedings against David M Tamman, a lawyer and partner with Greenberg Traurig LLP of Santa Monica, California, alleging improper professional conduct during an SEC examination.

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