Thu 24 Jan, 2019 | News by Carl Schoeppl vCard
& Kyle DeValerio vCard
On January 24, 2019, the Tenth Circuit Court of Appeals issued an opinion in SEC v. Scoville, No. 17-4059, 2019 WL 302867 (10th Cir. Jan. 24, 2019), holding that the antifraud provisions of the federal securities laws apply to sales of securities outside the United States under the statutory conduct-and-effects test added by the Dodd-Frank Act. In Scoville, the Tenth Circuit upheld preliminary asset freeze, injunction, and receivership orders the district court issued in an …
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Wed 23 Jan, 2019 | Client Alerts by Carl Schoeppl vCard
SEC Division of Enforcement Publishes Enforcement Results for 2018 November 2, 2018, | Client Alert: Securities Enforcement By Carl F. Schoeppl On November 2, 2018, the SEC Division of Enforcement published its Annual Report for the Fiscal Year Ended September 30, 2018. In FY 2018, the SEC brought a diverse mix of 821 enforcement actions of which consisted of 490 “stand-alone” actions brought in federal court or as administrative proceedings, 210 were “follow-on” proceedings seeking …
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Wed 23 Jan, 2019 | Resources by Carl Schoeppl vCard
DISCLAIMER This is a report of the staff of the U.S. Securities and Exchange Commission. The Commission has expressed no view regarding the analysis, findings, or conclusions contained herein. Report available on the web at www.sec.gov/reports CONTENTS Message from the Co-Directors ………………………………………………………………………………………………1 Introduction …………………………………………………………………………………………………………………………..6 Initiatives ………………………………………………………………………………………………………………………………6 Focus on the Main Street Investor …………………………………………………………………………………..6 Policing Cyber-Related Misconduct…………………………………………………………………………………..7 The Share Class Selection Disclosure Initiative………………………………………………………………….8 Discussion and Analysis of Fiscal Year 2018………………………………………………………………………………9 Overall Results …
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Mon 5 Jun, 2017 | Client Alerts by Carl Schoeppl vCard
On June 5, 2017, the Supreme Court issued a unanimous opinion in Kokesh v. SEC,137 S.Ct. 1635 (2017), holding that the five-year statute of limitations for civil penalties applies to disgorgement sought by the SEC in its enforcement actions. In Kokesh, the Supreme Court resolved a circuit split regarding whether 28 U.S.C. § 2462, which establishes a five- year statute of limitations for an “action, suit or proceeding for the enforcement of any civil fine, …
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