Securities Industry Commentator by Bill Singer Esq

December 6, 2017

Financial Adviser Settles Charges for Defrauding Private Equity Fund Investors (SEC Litigation Release No. 24003

Pursuant to Securities and Exchange Commission v. James C. Tao and Donna Boyd (f/k/a Donna Chen) (Complaint, United States District Court for the Southern District of Texas, Civil Action No. 4:17-cv-03678 
), Defendant Tao settled 
charges that he defrauded investors in Presidio Venture Capital by making material misstatements in offering documents and misappropriating investor funds. Further, Tao and his former partner, Defendant Boyd, settled charges for violating broker-dealer registration requirements by soliciting sales of interests in the funds, which were securities not offered by the brokerage firm with which they were associated. Without admitting or denying the charges, 
Tao agreed to injunctions and to pay 
interest , and a $150,000.00 penalty; and Boyd agreed to an injunction and to pay a $10,000.00 penalty.  Both defendants have also agreed to follow-on collateral administrative bars. READ the SEC Complaint

Let me take you back to 1996. To the Seinfeld show. To what was known then -- and now lives on in legend -- as the two-part "The Bottle Deposit" episode.  Part One opens with Peterman arranging to have Elaine bid on John F. Kennedy's golf clubs and moves on to involve Jerry needing to have his car repaired. More importantly for Seinfeld fans, the episode involves a debate between Newman and Kramer as to whether you can arbitrage the New York State five-cents-bottle-deposit-refund by tendering cans and bottles in Michigan, which offers ten cents per item. Kramer explains that it's an old strategy (one that he tried but failed at) and says that the flaw is in the transportation costs, which cancel out the extra nickel of profit. Newman can't get the idea out of his head and realizes that the heavy flow of mail for the upcoming Mother's Day holiday requires sorting in Saginaw, Michigan. Why Saginaw? Hey, it's Seinfeld and you just have to accept the idiocy.  In any event, Newman, an employee of the United States Postal Service, arranges to drive a "spillover mail" truck because he figures there will be excess capacity -- which will allow him to transport his cache of empty cans and bottles for free. It is the loophole that many have searched for but failed to find. In Part Two, while driving to Michigan, Kramer and Newman spot Jerry's supposedly stolen car (a long story starting in Part One and not one I'm going into here). Suffice it to say that Kramer and Newman are now caught in an existential struggle over whether to drive straight on to Saginaw and cash in their booty of cans and bottles, or, in the alternative, to follow Jerry's stolen car as it heads for Ohio. Alas, as they chase after Jerry's car, the dynamic duo toss empty cans and bottles overboard in order to lighten their load and to gain speed -- all of which ends with Kramer dumping Newman. As with so many of Kramer's and Newman's schemes, this one ends in catastrophe.

What, you might rightly ask, do the Seinfeld "The Bottle Deposit" episodes have to do with the legal, regulatory, and compliance focus of the highly-regarded and ever-so-serious Blog? Great question. Read on for the equally wonderful answer. Enjoy the video. READ

United States of America v. Michael T. Flynn, Defendant (17-CR-00232, United States District Court for the District of Columbia) Pursuant to Lieutenant General Michael T. Flynn (Ret.), of Alexandria, Va., Dec. 1, 2017, plea of guilty to making false statements to FBI agents, in violation of 18 U.S.C. 1001, the Securities Industry Commentator updates its files to include the FULL TEXT of the following documents: