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SEC Regulation

May 16, 2022

“Fake News” Brazilian Style

On Monday, April 18, 2022, the U. S. Securities and  Exchange Commission (“SEC”) announced charges against Fernando Passos, the former executive Vice President of Finance and Investor Relations of a Brazilian reinsurance company, IRB Brazil Resseguros S. A., for planting a story with the media claiming that Warren Buffett (the “Oracle of Omaha”)’s company, Berkshire Hathaway, Inc.» Read More

May 09, 2022

Penny Pest Control: Rollins Inc. Pays $8 Million for Managing Earnings

On Monday, April 18, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced that Rollins Inc., an Atlanta-based provider of termite and pest control services (under such brands as Orkin and Critter Control) to both residential and customers, had settled charges that it “engaged in improper accounting practices in order to boost its quarterly earnings per share… to meet research analysts’ consensus estimates.” » Read More

Apr 21, 2022

A Triptych of Frauds: SEC Brings Enforcement Actions

“There is something perverse in the very nature of mankind,”  as Lucretius wrote in his great didactic poem “De rerum natura” [On the Nature of Things] in the first century B.C.

          And greed, again, and the blind lust of honours,

          Which force poor wretches past the bounds of law…

So, the following three tales capture the weakness of the human soul, which would rather celebrate financial gain at the expense of reputation, money, and position. » Read More

Mar 15, 2022

Maximizing the Fee: Royal Bank of Canada Affiliate Pays $30+ Million for Client Abuse

On Thursday, March 3, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced that City National Rochdale, LLC (“CNR”), a Delaware statutory trust sponsoring proprietary mutual funds and serving as their investment adviser, agreed to pay $30,361,803 to settle charges brought by the SEC that the trust had failed to disclose conflicts of interest that defrauded current and prospective clients.» Read More

Jul 16, 2019

Research Reports by Broker/Dealers – FINRA Catches Up

As described in my February 28, 2019, article, “Broker/Dealer Research Reports – Mutual Funds, ETFs, and Business Development Companies,” the U.S. Securities and Exchange Commission (“SEC”) adopted new Rule 139b on November 30, 2018, to allow broker/dealers to issue “covered investment fund research reports” with respect to mutual funds, exchange-traded funds (“ETFs”), business development funds, and certain other pooled investment vehicles (such as unit investment trusts, commodity funds, and currency funds).» Read More

Mar 08, 2019

Broker/Dealer Research Reports – Mutual Funds, ETFs, and Business Development Companies

Congress passed the Fair Access to Investment Research Act of 2017 directing the SEC to adopt a rule that would provide a comparable safe harbor for the publication of research reports on “covered investment funds” by unaffiliated broker/dealers so long as certain conditions are met. » Read More