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SEC Enforcement Actions

					
The  (SEC) is the United States agency with primary responsibility for enforcing federal securities laws. Whistleblowers with knowledge of violations of the federal securities laws can submit a claim to the SEC under the SEC Whistleblower Reward Program, and may be eligible to receive 聽monetary rewards and protection against retaliation by employers.


Below are summaries of recent SEC settlements or successful prosecutions. If you believe you have information about fraud which could give 聽rise to an SEC enforcement action and claim under the SEC Whistleblower Reward Program, please contact us to speak with one of our experienced whistleblower attorneys.

				

			

			
						
					
			

	
		
		

			

				
				
September 18, 2018

				 SeaWorld and its former CEO, James Atchison, have agreed to pay a combined total of $5 million to settle charges of violating the antifraud provisions of federal securities laws. In a complaint filed by the SEC in New York, the defendants were alleged to have mislead investors about how the 2013 documentary, Blackfish鈥攚hich condemned the company for allegedly mistreating orcas鈥攈ad led to a drop in attendance numbers and negatively affected its business. Another employee, former VP of communications, Frederick D. Jacobs, will pay a lower fine of $100,000 for his significant contributions to the investigation. 				 					 

						
Tagged in:
													  Misrepresentations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 12, 2018

				 United Technologies Corporation will pay a $13.9 million fine to resolve charges that it made payments in violation of the Foreign Corrupt 91吃瓜网 Act in an effort to sell elevators in Azerbaijan and China, and to sell aircraft engine parts China.聽 The payments, including trips and gifts to various foreign officials in China, Kuwait, South Korea, Pakistan, Thailand, and Indonesia, were made by United Technology's subsidiaries Otis Elevator Co. and Pratt & Whitney.聽 				 					 

						
Tagged in:
													  FCPA, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 6, 2018

				 A real estate broker for Colliers International Group, Inc. has agreed to pay $225,000 to settle FCPA charges of attempting to bribe a foreign official over the sale of a commercial building in Vietnam. The broker, Joohyun Bahn, had paid the bribe to a middleman, bypassed internal accounting controls, created fake documents and messages, and lied to executives about the supposedly impending sale, which caused the company to falsely record revenue. Unfortunately for Bahn, the sale never went through because the middleman had kept the bribe for himself. 				 					 

						
Tagged in:
													  FCPA, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 4, 2018

				 Pharmaceutical company Sanofi has agreed to pay more than $25 million to resolve charges under the FCPA that it made corrupt payments to win business in Kazakhstan and the Middle East. Sanofi was alleged to have made payments to various government officials and healthcare providers to induce them to purchase or prescribe Sanofi's products.聽 				 					 

						
Tagged in:
													  FCPA, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 27, 2018

				 Legg Mason Inc. has agreed to pay $34 million to settle a charge that it bribed Libyan government officials to secure investments from state-owned financial institutions. As a result of the bribes, which violated the Foreign Corrupt 91吃瓜网 Act (FCPA), Legg Mason was allegedly awarded investments worth $1 billion, and earned revenues totaling $31.6 million. The SEC fine comes at the heels of a $33 million fine that Legg Mason had previously agreed to pay to DOJ in a similar settlement. 				 					 

						
Tagged in:
													  FCPA, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 20, 2018

				 Merrill Lynch, Pierce, Fenner & Smith has agreed to pay $8.9 million to resolve claims that it violated the anti-fraud provisions of the Investment Advisers Act by failing to disclose its conflicts of interests to clients. According to the SEC, the violation occurred when Merrill Lynch failed to go through with a planned vote on whether to stop offering certain products managed by a third party, and then failed to disclose to clients that this decision was due to its own business interests. 				 					 

						
Tagged in:
													  Financial Institution Fraud, 
													  Regulatory Violations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 24, 2018

				 The SEC announced Yao Li, Vice President of Technology at Alliance Fiber Optic Products, has agreed to pay disgorgement of $196,203, prejudgment interest of $23,062, and a $196,203 penalty (for a total of $415,468) to settle charges that he made nearly $200,000 in illicit profits by trading on inside information in advance of three disappointing earnings announcements by the company. 				 					 

						
Tagged in:
													  Insider Trading, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 24, 2018

				 The SEC announced New York entrepreneur William Z. McFarland has agreed to a permanent officer-and-director bar and disgorgement of $27.4 million to settle charges of fraudulently inducing investments into his companies Fyre Media, Inc., Fyre Festival LLC, and Magnises, Inc. 				 					 

						
Tagged in:
													  Misrepresentations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 20, 2018

				 Two subsidiaries of Deutsche Bank will pay just under $75M to settle allegations that they improperly handled 鈥減re-releases鈥� of American Depository Receipts (ADRs). ADRs are U.S. securities that represent foreign shares of a foreign company and require a corresponding number of foreign shares to be held in custody at a depository bank. The SEC found that the companies鈥� practices allowed inappropriate short selling and inappropriate profiting around ADR dividend payments. 				 					 

						
Tagged in:
													  Financial Institution Fraud, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 18, 2018

				 The SEC has charged Temenous Advisory, a Connecticut-based investing advisory firm, of putting $19M investor money into high-risk investments and also receiving high commissions from those investments. The misled senior citizens and individuals approaching retirement into buying stakes in four risk, illiquid private offerings. 				 					 

						
Tagged in:
													  Regulatory Violations, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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