Blog Posts Tagged With Miscellaneous

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CFTC and UK Authorities Issue Joint Statement on Continuity of Derivatives Trading and Clearing Post-Brexit (Feb. 25, 2019)

The CFTC and the Bank of England, including the Prudential Regulation Authority and the Financial Conduct Authority, issued a joint statement assuring the market that derivative trading and clearing activities will continue between the U.K. and U.S. after the U.K.’s withdrawal from the EU. The statement sets out a list of measures to ensure regulatory and financial stability, including continued supervisory cooperation, extension of existing CFTC relief and comparability for the U.K., and U.K. equivalence
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Follow-on APs, Suspensions, and Bars (February 2019)

In re Vanessa Puleo (A.P. Feb. 1, 2019, Settled)

In re Yolanda C. Velazquez (A.P. Feb. 1, 2019, Settled)

In re Kenneth Grace (A.P. Feb. 1, 2019, Settled)

In re Andrew B. Scherr (A.P. Feb. 4, 2019, Settled)

In re Frank Dinucci, Jr. (A.P. Feb. 5, 2019, Settled)

In re Ronald W. Nichter (A.P. Feb. 7, 2019, Settled)

In re Christopher Eikenberry (A.P. Feb. 8, 2019, Settled)

In re Timothy S. Batchelor (A.P. Feb. 11,
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Follow-on APs, Suspensions, and Bars (January 2019)

In re Perry Douglas West, Esq. (A.P. Jan. 29, 2019, Settled)

In re Robert H. Shapiro (A.P. Jan. 30, 2019, Settled)

In re John L. Gathright, Jr. (A.P. Jan. 31, 2019, Settled)

In re John Austin Gibson, Jr. (A.P. Jan. 31, 2019, Settled)

In re Evan Louis Greebel, Esq. (A.P. Jan. 31, 2019, Contested)

In re Jordan E. Goodman (A.P. Jan. 31, 2019, Settled)

In re Albert D. Klager (A.P. Jan. 31, 2019, Settled)

In
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SEC and CFTC Enforcement Slow During Government Shutdown (Jan. 26, 2019)

The federal government was shut down from December 22, 2018, through January 25, 2019.  SEC and CFTC enforcement activity fell off sharply during that period.  In January of 2019, the SEC announced four enforcement actions, compared to 10 in January of last year.  On the administrative side, the SEC announced two enforcement actions this month, compared to 23 in January of last year.  The CFTC issued one enforcement-related press release in January, compared to 13
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Cato Institute v. SEC, et al. (D.D.C. Jan. 9, 2019)

The Cato Institute has sued the SEC under the Free Speech Clause of the First Amendment. The suit is a facial challenge to 17 C.F.R. § 202.5(e), under which a defendant or respondent in an SEC enforcement action must agree not to deny the SEC’s allegations as a condition of settlement.  According to Cato, the regulation is an unconstitutional content-based restriction on free speech.  The Institute’s complaint states that it is seeking to publish a
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Emulex Corp., et al. v. Gary Varjabedian, et al. (U.S. Supreme Court, Jan. 4, 2019)

The Supreme Court has granted a petition for writ of certiorari asking whether the proper liability standard in cases brought under Section 14(e) of the Exchange Act, which prohibits material misstatements or omissions in connection with a tender offer, is negligence instead of intent or scienter.  The Plaintiffs in this putative class action allege that Defendants failed to disclose unfavorable information about a proposed merger.  The district court granted Defendants’ motion to dismiss, finding that
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Delinquent Filings (December 2018)

In re Hua Yang Investment Group, Inc. (a/k/a Tarheel Billboard, Inc.) (A.P.  Dec. 10, 2018, Contested)

In re Grey Fox Holdings Corp. (f/k/a Gray Fox Petroleum Corp.), et al. (A.P.  Dec. 11, 2018, Settled)

In re Golden Pig Ventures, Inc., et al. (A.P. Dec. 20, 2018, Partially Settled, Partially Contested)

In re New Global Energy, Inc. (A.P. Dec. 26, 2018, Settled)
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Follow-on APs, Suspensions, and Bars (December 2018)

In re John C. Maccoll (A.P. Dec. 3, 2018, Settled)

In re Richard W. Kessler (A.P. Dec. 12, 2018, Settled)

In re Stanley P. Bates (A.P. Dec. 13, 2018, Settled)

In re Carlos I. Uresti (A.P. Dec. 13, 2018, Settled)

In re Walter J. Grenda, Jr. (A.P. Dec. 20, 2018, Settled)

In re John T. Place (A.P. Dec. 20, 2018, Settled)

In re James S. Polese (A.P. Dec. 20, 2018, Settled)

In re Patric Ken
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Delinquent Filings (November 2018)

  • In re Avant Diagnostics, Inc., et al. (A.P. Nov. 7 & 26, 2018, Settled)
  • In re Mullan Agritech, Inc., et al. (A.P. Nov. 13, 2018, Partially Settled, Partially Contested)
  • In re America Greener Technologies, Inc., et al. (A.P. Nov. 14, 2018, Settled)
  • In re Nutrastar International, Inc. (A.P. Nov. 14, 2018, Settled)
  • In re Solaris Power Cells, Inc., et al. (A.P. Nov. 14, 2018, Settled)
  • In re AMI James Brands, Inc., et al. (A.P. Nov.

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Follow-on APs, Suspensions, and Bars (November 2018)

  • In re Mark E. Fisher, Esq. (A.P. Nov. 2, 2018, Settled)
  • In re Douglas P. Simanski (A.P. Nov. 8, 2018, Settled)
  • In re Eldrick E. Woodley d/b/a Woodley & Co. Wealth Strategies (A.P. Nov. 9, 2018, Contested)
  • In re Steve Qi (A.P. Nov. 9, 2018, Settled)
  • In re Salvadore D. Palermo (A.P. Nov. 9, 2018, Contested)
  • In re Robert Williams Myers, Jr. (A.P. Nov. 19, 2018, Contested)
  • In re Mark Hotton (A.P. Nov. 19, 2018,

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Follow-on APs, Suspensions, and Bars (October 2018)

  • In re Patrick Lanier (A.P. Oct. 2, 2018, Contested)
  • In re Paul T. Rampoldi (A.P. Oct. 4, 2018, Settled)
  • In re Ross B. Shapiro (A.P. Oct. 10, 2018, Settled)
  • In re Richard J. Bertuglia, CPA, et al. (A.P. Oct. 11, 2018, Settled)
  • In re John Kevin Reech (A.P. Oct. 11, 2018, Settled)
  • In re Saul Daniel Suster (A.P. Oct. 12, 2018, Contested)
  • In re Daniel Joseph Touizer (A.P. Oct. 12, 2018, Contested)
  • In re John

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Delinquent Filings (October 2018)

  • In re Ampal-American Israel Corporation, et al. (A.P. Oct. 1, 2018, Settled)
  • In re ARX Gold Corporation (A.P. Oct. 1, 2018, Settled)
  • In re Radiant Oil & Gas, Inc., et al. (A.P. Oct. 1, 2018, Settled)
  • In re AMI James Brands, Inc., et al. (A.P. Oct. 2, 2018, Settled)
  • In re First Liberty Power Corp., et al. (A.P. Oct. 2, 2018, Settled)
  • In re Golden Global Corp. and Power Efficiency Corporation (A.P. Oct. 2, 2018,

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Delinquent Filings (September 2018)

  • In re Allied American Steel Corp., et al. (A.P. Sept. 4, 2018, Contested)
  • In re Nutrastar International, Inc. (A.P. Sept. 6, 2018, Contested)
  • In re Petron Energy II, Inc., et al. (A.P. Sept. 6, 2018, Contested)
  • In re ScanSys, Inc. and Voz Mobile Cloud LTD (A.P. Sept. 6, 2018, Contested)
  • In re American Locker Group, Inc., et al. (A.P. Sept. 7, 2018, Contested)
  • In re China Health Resource, Inc. and China Logistics Group, Inc. (A.P.

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Follow-on APs, Suspensions, and Bars (September 2018)

  • In re David R. Frost (A.P. Sept. 4, 2018, Settled)
  • In re David S. Luttbeg (A.P. Sept. 4, 2018, Settled)
  • In re Dewey T. Tran (A.P. Sept. 4, 2018, Settled)
  • In re Douglas J. Derryberry (A.P. Sept. 4, 2018, Settled)
  • In re Joanne K. Viard, CPA (A.P. Sept. 4, 2018, Contested)
  • In re John Pierrard (A.P. Sept. 4, 2018, Contested)
  • In re Michael J. Kipp (A.P. Sept. 4, 2018, Contested)
  • In re Philip A. Weiner

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Follow-on APs, Suspensions, and Bars (August 2018)

  • In re Gilbert Fluetsch (A.P. Aug. 2, 2018, Settled)
  • In re Kurt J. Bordian, CPA (A.P. Aug. 3, 2018, Settled)
  • In re Steven J. Dykes (A.P. Aug, 3, 2018, Settled)
  • In re William Z. McFarland (A.P. Aug. 3, 2018, Settled)
  • In re Gregory G. Young (A.P. Aug. 6, 2018, Settled)
  • In re Daniel M. Fitzpatrick, CPA (A.P. Aug. 8, 2018, Settled)
  • In re Dennis Swerdlen (A.P. Aug. 8, 2018, Settled)
  • In re Kevin M. Modany,

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Delinquent Filings (August 2018)

  • In re Gilbert Fluetsch (A.P. Aug. 2, 2018, Settled)
  • In re Gepco, Ltd., et al. (A.P. Aug. 23, 2018, Contested)
  • In re Inner Systems, Inc., et al. (A.P. Aug. 23, 2018, Contested)
  • In re American Standard Energy Corp., et al. (A.P. Aug. 23, 2018, Contested)
  • In re Kvintess F&DI Holdings Corp., et al. (A.P. Aug. 23, 2018, Contested)
  • In re Forum Acquisitions I, Inc., et al. (A.P. Aug. 24, 2018, Contested)
  • In re Lightstone Technologies,

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Follow-on APs, Suspensions, and Bars (July 2018)

  • In re Daniel Burgess (A.P. July 6, 2018, Settled)
  • In re Roger S. Zullo (A.P. July 6, 2018, Settled)
  • In re Andrew B. Calhoun Jr. (A.P. July 9, 2018, Settled)
  • In re Andrew B. Calhoun IV (A.P. July 9, 2018, Settled)
  • In re Malachi Financial Products, Inc. (A.P. July 9, 2018, Settled)
  • In re Porter B. Bingham (A.P. July 9, 2018, Settled)
  • In re Matthew C. Woodward (A.P. July 10, 2018, Settled)
  • In re Ralph

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SEC Proposes Whistleblower Rule Amendments (June 28, 2018)

The SEC voted to propose amendments to the rules governing its whistleblower program.  These amendments address, in part, the Supreme Court’s decision in Digital Realty Trust, Inc. v. Somers, which held that the Dodd-Frank Act’s whistleblower anti-retaliation provisions only apply where a securities violation is reported to the SEC itself.  With respect to whistleblower retaliation protection, the proposed rules would require an individual to report information about possible securities laws violations to the Commission
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Lucia v. SEC (June 21, 2018)

The Supreme Court held that the SEC’s appointment of ALJS violated the Constitution because SEC ALJs are “officers” and thus are subject to the Appointments Clause under the Court’s prior precedent.  This decision may have far-reaching consequences for other federal agencies that utilize ALJs because they are vulnerable to similar Appointments Clause challenges.  Further, while Lucia resolved one constitutional challenge to SEC ALJs, a concurrence by Justice Breyer highlights another significant constitutional question:  whether the
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Delinquent Filings (June 2018)

  • In re Escalera Resource Co., et al. (A.P. June 19, 2018, Contested)
  • In re Radiant Oil & Gas, Inc., et al. (A.P. June 19, 2018, Contested)
  • In re Development Capital Group, Inc., et al. (A.P. June 20, 2018, Contested)
  • In re FuelNation, Inc., et al. (A.P. June 20, 2018, Contested)
  • In re Green Parts International, et al. (A.P. June 29, 2018, Contested)

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