Many Commission enforcement actions take a considerable period of time to unfold. It is not infrequent for the underlying facts to develop over long periods of time. That period is often followed by another lengthy period of time during which … Swift, Wrongful Action – the Predicate for an Enforcement Action Read More »
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New York Real Estate Development Is Center of Fraud Scheme
By T. Gorman
Offering fraud cases are one of the most typical types of schemes used by those seeking to raise capital through a fraudulent scheme. The most recent action based on this type of scheme is also one of the most popular. … New York Real Estate Development Is Center of Fraud Scheme Read More »
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This Week In Securities Litigation (Week of May 5, 2025)
By T. Gorman
Last week the Commission filed 10 new actions based on a variety of claims. Those ranged from crypto asset actions to Ponzi schemes and similar matters. Two of the cases filed were dismissed with prejudice as part of the Commission’s … This Week In Securities Litigation (Week of May 5, 2025) Read More »
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Adviser Charged with Self-Dealing
By T. Gorman
Investment Advisers are supposed to act in the best interests of their clients and not engage in self-dealing. Yet in one recent case the Commission charged the adviser with just that, engaging in self-dealing. SEC v. Taller, Civil Action No. … Adviser Charged with Self-Dealing Read More »
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Investor Funds Misappropriated
By T. Gorman
In many securities fraud actions, the investor is solicited to put his or her investment capital into a product being developed or some type of intellectual property rather than exchange listed and traded shares. In those situations it may be … Investor Funds Misappropriated Read More »
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This Week In Securities Litigation (Week of April 28, 2025)
By T. Gorman
The Commission filed 2 new cases last week. Each action was based on making false statements while soliciting investors and appeared to involve crypto assets. These cases raise questions regarding the Commission’s authority in the area of crypto assets. The … This Week In Securities Litigation (Week of April 28, 2025) Read More »
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What Jurisdiction Is the SEC Claiming in the Crypto Area?
By T. Gorman
Questions regarding the limits of the SEC’s jurisdiction in the crypto asset area have blossomed again since its decision to in the Kraken case early this year. There, the agency at least suggest that it was revising its approach to … What Jurisdiction Is the SEC Claiming in the Crypto Area? Read More »
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Crypto Assets – What Are The Limits of SEC Jurisdiction?
By T. Gorman
The question of jurisdiction regarding crypto assets as to the SEC has been surrounded with controversy since inception. Many, such as the Commission for a time, believed the agency had jurisdiction based on the Howey test regarding what constitutes a … Crypto Assets – What Are The Limits of SEC Jurisdiction? Read More »
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This Week In Securities Litigation (Week of April 21, 2025)
By T. Gorman
The Commission filed 3 new cases last week. Each action was based on making false statements while soliciting investors. Be careful, be safe this week. SEC Enforcement – Filed and Settled Actions Statistics: Last week the Commission filed 3 new … This Week In Securities Litigation (Week of April 21, 2025) Read More »
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Investment Company Shareholders Lose Millions
By T. Gorman
Many investment funds have provisions which impose restrictions on the type or amount of investments which can be purchased by the firm. These can aid investors considering if they are interested in acquiring shares of a particular investment fund. If, … Investment Company Shareholders Lose Millions Read More »
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