Insights & Regulatory Updates
SEC Charges North Carolina Resident with Insider Trading in Biopharmaceutical Company
In a recent enforcement action, the Securities and Exchange Commission (SEC) charged Matthew Groom, a North Carolina resident, with insider trading involving the Massachusetts-based biopharmaceutical company, Spero Therapeutics, Inc. According to the SEC’s complaint, Groom used confidential information obtained during his role as an IT consultant for Spero to avoid substantial financial losses ahead of a significant corporate announcement.
Regulatory Update and Recent SEC Actions – October 2024
October 2024 has seen the Securities and Exchange Commission (SEC) continue its aggressive enforcement actions and regulatory updates, targeting a wide range of issues from improper record-keeping to non-compliance with new marketing rules. This month also saw key personnel changes within the SEC, the disbandment of the Climate and ESG Task Force, and the adoption of rules affecting venture capital funds and registered investment companies. Below are the highlights of recent SEC actions and regulatory developments.
SEC Charges “Magic Mushroom” Company and Two Individuals in $8 Million Pump-and-Dump
The Securities and Exchange Commission (SEC) has filed charges against Minerco Inc. (former over-the-counter ticker: MINE) and two individuals—Bobby Shumake Japhia and Julius Makiri Jenge—in connection with an alleged multimillion-dollar pump-and-dump scheme that defrauded investors out of approximately $8 million. The SEC's complaint alleges that the defendants generated millions of dollars in illicit profits by manipulating the market for Minerco’s stock through deceptive tactics and false promotions.
October 2024 Regulatory Update
This update delves into recent shifts at the SEC, including leadership changes, policy updates, and enforcement actions that highlight the agency’s ongoing focus on compliance and investor protection. Keith Cassidy has taken over as Acting Director of the Division of Examinations, while Gurbir S. Grewal, Director of the Enforcement Division, has announced his departure.
Key Takeaways from SEC Fraud Charges Against the Kubient Officers
In early October, the Securities and Exchange Commission (SEC) filed accounting fraud charges in the U.S. District Court for the Southern District of New York against the CEO, CFO, and Audit Committee Chair of Kubient, Inc. Kubient, a technology company that claims to employ artificial intelligence to detect fraud in digital advertising, is now at the center of an enforcement action highlighting serious governance failures at the highest levels of management.
SEC Charges Keurig Over Misleading Recyclability Claims of K-Cup Pods
On September 10, 2024, the SEC charged Keurig Dr Pepper Inc. (Keurig) with making misleading statements regarding the recyclability of its widely used K-Cup coffee pods. The action is part of the SEC’s ongoing initiative to combat “greenwashing”—the practice of making exaggerated or unsubstantiated claims about a company’s environmental practices or products.
SEC Enforcement Sweep Targets Companies and Insiders for Late Filings under Section 16 and 13(d), (g), and (f)
The SEC’s fiscal year is winding down, and once again, we are seeing what is becoming a predictable, if not formalized, year-end tradition: a broad Enforcement sweep targeting companies and insiders for failing to meet timely filing requirements under Sections 16(a), 13(d), 13(g), and 13(f) of the Exchange Act. This year, 23 respondents—both corporate entities and individuals—were charged for violations stemming from late short-swing trading reports (Forms 3, 4, and 5) and beneficial ownership reports (Schedules 13D and G). Penalties ranged from $10,000 to $750,000, totaling more than $3.8 million. The SEC’s use of data analytics to identify these reporting failures continues to demonstrate the agency’s commitment to leveraging technology to enforce even technical compliance obligations.
SEC Targets Misleading AI Claims: Enforcement Actions and Key Takeaways
Explore the SEC's recent enforcement actions targeting "AI washing"—the practice of overstating or misrepresenting the use of artificial intelligence. Learn about key cases, regulatory risks, and compliance strategies for firms leveraging AI technology.
SEC Amends Binance Complaint Amid Industry Criticism Over Token Classification
In a recent development, the U.S. Securities and Exchange Commission (SEC) amended its complaint in the ongoing case against Binance, one of the world’s largest cryptocurrency exchanges. The SEC acknowledged that it may have caused confusion regarding its stance on whether certain digital tokens should be classified as securities. This amended filing, submitted in the District of Columbia, includes procedural adjustments and legal clarifications, reflecting an evolving enforcement strategy as the SEC seeks to address the regulatory challenges posed by digital assets.
Update: The Supreme Court’s Decision in SEC v. Jarkesy and Its Broader Impact on SEC Enforcement
The Jarkesy ruling has considerable consequences for the SEC’s enforcement program. For years, the SEC has utilized its administrative forum to pursue civil penalties for securities fraud, with the flexibility to adjudicate matters in-house. However, the Supreme Court's decision effectively eliminates this option for cases seeking civil penalties. As a result, the SEC will likely need to shift more cases to federal court, where defendants are entitled to a jury trial. This shift could increase the complexity, time, and costs associated with SEC enforcement actions.
SEC Charges Former Executives of Medly Health Inc. with Investor Fraud
The Securities and Exchange Commission (SEC) recently charged three former executives of the now-defunct digital pharmacy startup Medly Health Inc. with defrauding investors in a scheme that raised over $170 million. The charges underscore the SEC’s continued focus on corporate malfeasance, particularly within startups seeking capital from investors.
SEC Enforcement on Marketing Rule Violations: RIAs to Pay $1.2M in Fines
The SEC continues to flex its regulatory muscle over Registered Investment Advisors (RIAs) in its latest enforcement action targeting violations of the 2021 marketing rule. Nine RIAs have agreed to pay more than $1.2 million in collective fines for misleading advertising practices. The firms include prominent names like Integrated Advisors Network, Richard Bernstein Advisors, and Abacus Planning Group, each paying six-figure fines to settle charges brought by the commission.
Recent SEC Enforcement Action Highlights the Importance of Robust MNPI Policies in CLO Trading
In a significant enforcement action, the U.S. Securities and Exchange Commission (SEC) has sanctioned a private fund manager for failing to implement adequate policies and procedures to prevent the misuse of material nonpublic information (MNPI) while trading securities issued by collateralized loan obligation vehicles (CLOs). This case underscores the SEC’s focus on credit managers and emphasizes the importance of strong compliance frameworks for preventing MNPI violations in CLO trading.
SEC Fines Six Major Credit Rating Agencies for Recordkeeping Failures
The U.S. Securities and Exchange Commission (SEC) has imposed fines totaling $49 million on six major credit rating agencies for their failure to maintain and preserve electronic communications as required under federal securities laws. This action underscores the SEC's commitment to enforcing compliance with regulatory obligations that are crucial for maintaining the integrity of the financial markets.
SEC Targets OpenSea: The Potential Implications for the NFT Market
The Securities and Exchange Commission (SEC) has recently issued a Wells notice to OpenSea, the most prominent marketplace for non-fungible tokens (NFTs), signaling a potential lawsuit for securities law violations. This move marks a significant development in the SEC's ongoing scrutiny of the digital assets space, particularly as it relates to the burgeoning NFT market.
Court Denies SEC’s Request for Disgorgement in Ripple Case: Implications for Crypto Enforcement
In a notable development for the cryptocurrency regulatory landscape, a federal court has recently denied the Securities and Exchange Commission’s (SEC) request for disgorgement of profits in its case against Ripple Labs. This ruling, issued by Judge Analisa Torres of the US District Court for the Southern District of New York on August 7, 2024, marks a significant setback for the SEC’s efforts to impose substantial financial penalties in crypto cases primarily based on registration violations.
SEC Issues $24 Million in Whistleblower Awards: A Testament to the Power of Insider Cooperation
The Securities and Exchange Commission (SEC) continues to underscore the vital role that whistleblowers play in the enforcement of securities laws. On August 26, 2024, the SEC announced awards totaling more than $24 million to two whistleblowers whose information and assistance were instrumental in leading to successful enforcement actions, both by the SEC and another federal agency. This development is a compelling reminder of the significant public service provided by whistleblowers and the robust framework established to protect and reward them.
SEC Charges Abra with Unregistered Offers and Sales of Crypto Asset Securities
The SEC's recent enforcement action against Plutus Lending LLC, doing business as Abra, underscores the agency's unwavering commitment to ensuring that crypto asset offerings and sales comply with federal securities laws. The charges filed today highlight significant regulatory issues surrounding the unregistered offers and sales of crypto asset securities, specifically through Abra's retail crypto asset lending product, Abra Earn.
Top 10 Securities Enforcement Developments of Summer 2024
In this review, we highlight the top 10 securities enforcement developments of summer 2024, offering insights into the latest trends, landmark cases, and strategic shifts that are likely to influence compliance strategies and corporate governance moving forward. Whether you're navigating these issues in-house or advising clients, understanding these developments is essential for staying aligned with the evolving standards of securities law.
2024 Mid-Year Review: SEC Enforcement regarding Crypto Assets
The Securities and Exchange Commission (SEC) has been highly active in 2024, particularly in the enforcement of regulations within the crypto asset space. As the digital asset market continues to evolve, so too does the regulatory landscape. The SEC’s actions reflect its commitment to protecting investors and maintaining fair, orderly, and efficient markets, even in the rapidly changing world of cryptocurrencies.