The Securities and Exchange Commission brought charges against Mark Cuban for insider trading. The SEC claimed he was an insider based his status as a big shareholder in the company or that he had agreed to not trade on material non-public information disclosed to him. The SEC brought charges against Leon Cooperman for trading on material … Read more »
Compliance Bricks and Mortar for September 23
We have passed the Autumnal equinox and are heading into the dark nights of winter. Maybe some of these of compliance-related stories will keep you awake during the longer nights. Why Don’t General Counsels Stop Corporate Crime? by Sureyya Burcu Avci and H. Nejat Seyhun in the HLS Forum on Corporate Governance and Financial Regulation … Read more »
Auditor Independence Enforcement Actions
The Securities and Exchange Commission announced its first enforcement actions for auditor independence failures. I expect your auditors may have a bunch of new restrictions and questionnaires when it is time for the annual audit. The SEC announced two separate enforcement actions, both involving Ernst & Young. In one case, Gregory S. Bednar got too cozy with … Read more »
Bad Boys The SEC is Coming For You: Supervision Initiative
The SEC’s Office of Compliance Inspections and Examinations’ 2016 Examination Priorities included a focus on individuals with a history of disciplinary events. That priority has been put into action. The SEC issued a new Risk Alert on upcoming examination. OCIE is undertaking an initiative to examine the supervision practices and compliance programs of registered investment … Read more »
Compliance Bricks and Mortar for September 16
These are some of the compliance-related stories that recently caught my attention. Wells Fargo CEO Defends Bank Culture, Lays Blame With Bad Employees by Emily Glazer and Christina Rexrode in the Wall Street Journal He later said through a spokeswoman that when the bank falls short “I feel accountable and our leadership team feels accountable—and … Read more »
Trustee Charged As A Failed Gatekeeper
When a fraud is uncovered, the Securities and Exchange Commission not only wants to get the fraudsters, it also wants to get those who should have stopped the fraud: the gatekeepers. Recently, the SEC has brought charges against a fund administrator and fund auditors. The latest is a case against The Securities and Exchange Commission … Read more »
See the Changes to Form ADV
With all the regulatory changes to Form ADV coming out, I found it tough to figure out what the changes look like on the form. The Securities and Exchange Commission published a helpful redline that highlights the changes. The SEC is not willing to stand behind the redline, noting: This document illustrates most of the … Read more »
Political Party Contributions and the SEC’s Pay-to-Play Rule
I was looking through an issue under Rule 206(4)-5. The Securities and Exchange Commission limits the ability of investment advisers and fund managers to contribute to certain politicians that can influence investment decisions for state pension funds. Under Rule 206(4)-5, you can contribute up to $150 to any candidate or up to $350 if you can vote … Read more »
California’s Private Fund Disclosure Bill
California’s soon to be enacted new law, AB 2833, requires every California public investment fund to require its alternative investment vehicle fund managers to make disclosures regarding fees and expenses. AB 2833 mandates that that every California public investment fund (that includes CalSTRS and CalPERS) must make the following disclosures at least annually: The fees and … Read more »
Compliance Bricks and Mortar for September 9
These are some of the compliance-related stories that recently caught my attention. Whistle-Blowing Insiders: ‘Game Changer’ for the S.E.C. by Peter Henning in DealB%k Since the program’s creation in 2011, the S.E.C. has received more than 14,000 tips, including almost 4,000 last year. That number falls well short of the original estimate of 30,000 submissions each … Read more »