The SEC announced charges against 10 broker-dealer firms and one dually registered broker-dealer and investment adviser for a series of failures related to the maintenance and preservation of electronic communications. These failures have been widespread and longstanding, leading to severe consequences for the firms involved. Admission of Violations and Penalties […]
Compliance
SEC Proposes Amendments to Internet Investment Adviser Registration Rule
Introduction The Securities and Exchange Commission (SEC) has recently put forth a set of proposed amendments to the rule governing the registration of investment advisers who provide their services through the Internet. These amendments aim to modernize the existing Internet adviser registration rule and ensure that investment advisers can efficiently […]
SEC Charges Merrill Lynch and Parent Company for Failing to File Suspicious Activity Reports
The Securities and Exchange Commission today announced charges against Merrill Lynch, Pierce, Fenner & Smith Incorporated and its parent company BAC North America Holding Co. (BACNAH) for failing to file hundreds of Suspicious Activity Reports (SARs) from 2009 to late 2019. Merrill Lynch agreed to pay a $6 million penalty […]
SEC Adopts Money Market Fund Reforms and Amendments to Form PF Reporting Requirements for Large Liquidity Fund Advisers
July 12, 2023 – The SEC today adopted amendments to certain rules that govern money market funds under the Investment Company Act of 1940. The amendments are designed to enhance the resilience and transparency of money market funds, particularly during periods of market stress. Significant Changes One of the key […]
SEC Proposes Rule Amendments to the Broker-Dealer Customer Protection Rule
July 12, 2023 —The SEC has proposed amendments to Rule 15c3-3 (the Customer Protection Rule) to require certain broker-dealers to increase the frequency with which they perform computations of the net cash they owe to customers and other broker-dealers (known as PAB account holders) from weekly to daily. Net cash […]
SEC Charges Two Oregon Residents with $10 Million Ponzi-Like Scheme
Introduction The Securities and Exchange Commission (SEC) has taken action against Robert D. Christensen and Anthony M. Matic, along with their affiliated companies, for orchestrating a Ponzi-like scheme and defrauding investors who invested over $10 million in promissory notes. This article provides an overview of the case and highlights the […]
SEC Charges Audit Firm Marcum LLP for Widespread Quality Control Deficiencies
Marcum LLP Faces SEC Charges for Audit Quality Control Failures In a significant development, audit firm Marcum LLP has come under scrutiny by the Securities and Exchange Commission (SEC) for its systemic quality control failures and violations of audit standards. The charges are particularly related to its audit work for […]
SEC Implements New Rules to Prevent Fraud and Manipulation in Security-Based Swaps
The US SEC has implemented new regulations to prevent fraud, manipulation, and deception in security-based swap transactions. This article explains the significance of the new rules and their implications for investors and reference entities, as well as the importance of protecting the independence and objectivity of chief compliance officers. The newly adopted antifraud and anti-manipulation rule will play a pivotal role in preventing misconduct, while the SEC’s publishing of the final rules in the Federal Register will give market participants sufficient time to comply.
SEC Proposes Rule Changes to Enhance Clearing Agency Resilience and Recovery
The SEC has recently announced proposed rule changes aimed at strengthening the resilience and recovery capabilities of covered clearing agencies. These changes are designed to ensure the continuity of clearing services during times of significant stress and improve the overall risk management framework in the capital markets. Improving Intraday Margin […]
What Does a Securities Lawyer Do?
Mark J. Astarita, Esq. is a nationally recognized securities attorney, representing clients in securities investigations, arbitrations and litigation matters across the country. You can contact him at 212-509-6544 or by email at mja@sallahlaw.com While securities law is itself a specialized field of law, there is more than one type of […]