Blogs > Biz Law Blog

Apr 03, 2023

When the “Back Door” is Closed: Muni Bond Underwriter Sanctioned

I have previously written about the peculiar structure of disclosure obligations with respect to municipal securities in my Sept. 22, 2020 Blog “SEC Focus on Municipal Securities Disclosure and Enforcement.” As I detailed there:

When the two key Federal Securities Laws (the Securities Act of 1933 [the “33 Act”] and the Securities Exchange Act of 1934 [the “34 Act”]) were enacted, municipal securities (the bonds, notes, etc.,

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Mar 27, 2023

“Oh, Baloney!” SEC Sues Father, Son, and Friend for Manipulating the Stock of a New Jersey Deli

Paulsboro, New Jersey, is a small (2020 census: 6,196 residents) borough in Gloucester County, created in 1904 when the New Jersey Legislature carved it out of Greenwich Township. It was named after Samuel Philip Paul, a settler of the area, and is the site of the Tinicum Island Rear Range Lighthouse, as it sits on the Delaware River.» Read More

Mar 20, 2023

SEC Obtains Court Judgment Against Unregistered Municipal Advisors

Fraudulent La. Bond Offering to Improve a City Sewer System

One of the consequences of the collapse of various portions of the financial markets in the Great Recession of 2007-2009 was the passage of the Wall Street Reform and Consumer Protection Act of 2010, better known as the Dodd-Frank Act.» Read More

Mar 13, 2023

Fiddling With FICC: Proposed Rule Changes re Capital Requirements

Stress Test Protocols and Minimum Fund Requirements

The Fixed Income Clearing Corporation (“FICC”), a subsidiary of the Depository Trust & Clearing Corporation (“DTCC”) created in 2003, as discussed in my June 8, 2021 blog “Fixing FICC: Agency Proposes Rule Changes to Encourage More Repo Closing,” provides a critical piece of the “plumbing” of the U.S.» Read More

Feb 21, 2023

The Fourth Crow: SEC Sues Nonexistent Fund and Unidentified Agents

This is a tale of the inventiveness offered to fraudsters by the Internet, and the resulting problems presented to one of the “cops on the beat,” i.e., the U.S. Securities and Exchange Commission (“SEC”). I have previously written about some of the issues posed by the universal connectivity (and not necessarily evident transparency) of the Internet: see my March 30, 2021, Blog “Under the Cover of Darkness: Insider Trading and the Dark Web” and my Aug.» Read More

Feb 13, 2023

Defrauding D Orders: SEC Cracks Down on Manipulative Day Trader

On Tuesday, Aug. 16, 2022, the U.S. Securities and Exchange Commission (“SEC”) instituted Administrative and Cease-and-Desist Proceedings (the “Proceedings”) against Conrad Neil Normann (“Normann”), 57, of Scottsville, New York. Normann was associated as a day trader with a proprietary trading firm registered with the SEC as a Broker/Dealer.» Read More

Feb 06, 2023

Even-handed Thievery: SEC Sanctions Unregistered Investment Adviser for Fraudulent: I) Investment Advice, AND II) Filings for PPP Loans

Gregory Blotnick (“Blotnick”), age 35, is a resident of Palm Beach, Florida. He was the founder, sole owner, managing partner, and only employee of Brattle Street Capital, LLC, a New York limited liability company (“BSC”) headquartered in New York, NY. BSC is the unregistered investment adviser to a private investment fund, BSC Opportunistic Equity, LP, a Delaware limited partnership (the “Fund”), founded by Blotnick in June 2019, and headquartered in New York, NY.» Read More

Jan 30, 2023

Outside Tips: SEC Sues Trio for Trading on Equifax Breach

Until 1864 no generally available system existed to assess the creditworthiness of borrowers; instead, lenders, whether dealing with Commodore Vanderbilt or the proverbial “John Smith,” had to rely on informal information obtained from neighbors, community, or otherwise about a putative borrower’s reputation and perceived financial capacity. As» Read More