Alcohol producer Diageo plc, has been charged by the Securities and Exchange Commission (SEC) for violating antifraud provisions of Section 17(a)(2) and (3) of the Securities Act of 1933 and particular reporting provisions of the federal securities laws. Diageo’s lack of necessary disclosure of trending shipments and sales, has lead to a misleading idea of
Jeffrey and Paulette Carpoff, out of California, were charged by the Securities and Exchange Commission(SEC) for organizing an almost billion-dollar Ponzi scheme including alternative energy tax credits. The couple raised an estimated amount of $910 million from seventeen investors, over the years of 2011-2018 as stated by the SEC’s complaint. Through the couple’s two solar
The Securities and Exchange Commission (“SEC”) has updated its list of soliciting entities that have been the subject of investor complaints, known as the Public Alert: Unregistered Soliciting Entities (PAUSE) list. The PAUSE list contains firms that SEC staff found were providing inaccurate information about their affiliation, location, or registration, and enables investors to inform
On June 4, 2019, the Securities and Exchange Commission (“SEC”) filed a subpoena enforcement action in the U.S. District Court for the Northern District of Illinois against Covalent Collective, a vertically integrated cannabis enterprise, for failure to produce documents in an investigation. The action relates to an SEC investigation into potential violations of registration provisions
The Securities and Exchange Commission (“SEC”) charged Stephen Brandon Anderson and his company, River Source Wealth Management, an RIA located in North Carolina alleging the firm systematically overcharging his clients. The SEC alleges that the Anderson charged approximately 40% more than the agreed-upon maximum customer advisory fees. The SEC said that Anderson also misled his
Yesterday, the SEC sought emergency action in federal court charging Robert Morgan, a New York residential and commercial real estate developer, and two of his entities, Morgan Mezzanine Fund Manager LLC and Morgan Acquisitions, LLC, with fraud for siphoning and misusing investor funds. The SEC seeks an asset freeze and other relief. The SEC alleges
In its 2018 annual report, the SEC showed that during the fiscal year that ended on September 30, 2018, both the volume of the SEC’s enforcement activity and the level of financial recoveries increased compared to the prior fiscal year. These numbers included increased activity in public companies and signals an increased scrutiny on the
The Securities and Exchange Commission (SEC) is going after the Initial Coin Offering (ICO) market, according to a report by the Wall Street Journal. The report stated that the SEC issued “scores of subpoenas and information requests” to entities associated with ICO projects. Led by former CFTC Senior Trial Attorney Braden Perry, Kennyhertz Perry attorneys regularly
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) today announced its 2018 examination priorities. OCIE publishes its exam priorities annually to improve compliance, prevent fraud, monitor risk, and inform policy. Of particular interest this year will be matters involving critical market infrastructure, duties to retail investors, and developments in cryptocurrency, initial coin offerings, and secondary market trading.
This year, one of the five OCIE’s examination priorities is anti-money laundering programs. Examiners will review for compliance with applicable anti-money laundering requirements, including whether firms are appropriately adapting their AML programs to address their regulatory obligations.
Led by Certified Anti-Money Laundering Specialist (CAMS) Braden Perry, Kennyhertz Perry attorneys have broad BSA/AML experience across the spectrum of bank and non-bank financial institutions, including traditional chartered banks, broker-dealers, commodity trading advisors, money transmitters, non-bank lenders, and virtual currency businesses. We are experienced in counseling and drafting BSA/AML practices, policies, and procedures and can assist in any SEC examination or annual BSA/AML independent audit. Our combined knowledge and skill permits us to anticipate potential problems before they become serious issues and assist clients in responding effectively to regulatory and law enforcement criticisms or inquiries.
Kennyhertz Perry regularly counsels lenders, investment advisers, broker-dealers, and fund managers on the laws, rules, and regulatory developments affecting their business, including regulatory requirements, risk management, licensing and registration, sales and marketing practices and materials, manuals and training, day-to-day compliance.
When a party is contacted by a federal, state, or local regulatory or law enforcement or government entity, including the Securities and Exchange Commission, the Commodity Futures Trading Commission, Federal Trade Commission, Medicare/Medicaid agencies such as the Center for Medicare and Medicaid Services and the Office of Inspector General of the United States Department of Health
Former CFTC Attorney Braden Perry Quoted in June 2016 Issue of Of Counsel: The Legal Practice and Management Report Recent Law Firm Hacking Underscores the Need for Action June 10, 2016 Even a casual monitor of recent news knows that BigLaw has been hacked—again. In late March The Wall Street Journal reported that several of
Kennyhertz Perry, LLC Partner Braden Perry Talks Crowdfunding with the National Federation of Independent Business
NFIB reporter Amy Baxter featured Kennyhertz Perry, LLC partner Braden Perry in a news article entitled, “How Crowdfunding Can Help Small Businesses.” Perry discussed crowdfunding risk and rewards: “The biggest focus for small business owners is the risk of crowdfunding and how to mitigate it.” To read the entire article, please visit http://www.nfib.com/article/-70513/ About Braden Perry Braden Perry has been featured