Securities Industry Commentator by Bill Singer Esq WEEK IN REVIEW

October 1, 2022


SEC Four-Year Strategic Plan Is Generic, Non-Specific, Drivel (BrokeAndBroker.com Blog)

How Raymond James bungled oversight of a broker who scammed a 98-year-old (Financial Planning by Tobias Salinger)

Two Former eBay Executives Sentenced to Prison for Cyberstalking (DOJ Release)

Maryland Man Convicted After 10-Day Trial for His Role in a $28 Million Ponzi Scheme Involving "1st Million Dollars" / To Recruit Investors, the Defendant Falsely Promised Investor Victims that Investing with 1stt Million Would Help Them Achieve Personal Wealth and Financial Freedom (DOJ Release)

Former Washington state resident indicted for defrauding investors and marijuana businesses / Lied about background, education, military service and stole from marijuana businesses through an entity allegedly providing them banking services (DOJ Release)

SEC Charges Man for Defrauding Investors out of Millions of Dollars by Posing as Hedge Fund Billionaire / Defendant presented himself as a special forces veteran and Harvard grad to gain investor trust (SEC Release)

SEC Charges Vivera Pharmaceuticals and Its CEO with Offering Fraud (SEC Release)

SEC Files Charges in a Crypto Asset Pump-And-Dump Scheme (SEC Release)

SEC Charges Two Canadian Software Engineers with Insider Trading (SEC Release)

SEC Charges Audit Firm RSM and Three Senior-Level Employees with Failure to Properly Conduct Client Audits (SEC Release)

SEC Charges Former Chicago-Area Investment Professional with Defrauding Elderly Client of $1.2 Million (SEC Release)

Barclays Agrees to a $361 Million Settlement to Resolve SEC Charges Relating to Over-Issuances of Securities (SEC Release)

CFTC Orders Designated Contract Market to Pay $6.5 Million for System Safeguard, Reporting, and False Statement Violations (CFTC Release)

SEC Hides Disqualification Waiver Order In High Profile Recordkeeping Release (BrokeAndBroker.com Blog) SEE 9/29/2022 UPDATE

Former Financial Advisor Agrees to Plead Guilty to Aggravated Identity Theft (DOJ Release)

Rhode Island Man Convicted of Defrauding Investors and Tax Evasion / Diverted Millions to Fund His Lavish Lifestyle and Paid No Taxes (DOJ Release)

SEC Charges Minneapolis Hedge Fund Manager in Alleged Market Manipulation Scheme (SEC Release)

Deloitte's Chinese Affiliate to Pay $20 Million Penalty for Asking Audit Clients to Conduct Their Own Audit Work / Clients selected their own samples and prepared workpapers (SEC Release)

SEC Charges Four Individuals in Microcap Fraud Scheme Targeting Retail Investors (SEC Release)

SEC Charges The Hydrogen Technology Corp. and its Former CEO for Market Manipulation of Crypto Asset Securities / CEO of Hydrogen's "Market Maker" also being charged for role in scheme (SEC Release)

SEC Obtains Injunction, Industry Bar and Penny Stock Bar Against Unregistered Broker Engaged in Fraudulent Scheme (SEC Release)

SEC Charges Former Florida Investment Adviser with Misappropriating Millions from Advisory Clients and Former Alabama Adviser with Breaching Fiduciary Duties (SEC Release)

SEC Obtains Final Judgment against IIG Co-Founder for Engaging in Fraud (SEC Release)

SEC Charges Issuer for Conducting Fraudulent and Unregistered Securities Offerings (SEC Release)

SEC Obtains Judgments and Bar Against Former Hedge Fund CEO Related to Hedge Fund Valuation Scheme (SEC Release)

SEC Charges Fourth Participant in Market Manipulation Scheme (SEC Release)

CFTC Orders tpSEF to Pay $850,000 for Violation of 15-Second Delay Rule for Execution of Cross Transactions on a SEF (CFTC Release)

CFTC Orders Futures Commission Merchant to Pay $500,000 for Supervision Failures Relating to Improper or Fictitious Trade Transfer Requests (CFTC Release)

Sanction Guidelines: The National Adjudicatory Council (NAC) Revises the Sanction Guidelines (FINRA Regulatory Notice 22-20 / September 29, 2022)

FINRA Censures and Fines Morgan Stanley for Reg M Violations
In the Matter of Morgan Stanley & Co. LLC., Respondent (FINRA AWC)

FINRA Fines and Suspends Former Paulson Investment Company Rep for OBA Involving Treatments For Degenerative Brain Disease
In the Matter of Nickolay V. Kukekov, Respondent (FINRA AWC)

Interactive Brokers Loses FINRA Arbitration Involving Disputed Put Options
In the Matter of the Arbitration Between Justin S. Fraser, Claimant, v. Interactive Brokers LLC, Respondent (FINRA Arbitration Award)

Whistleblower Angered by SEC's Split of $27 Million Award (BrokeAndBroker.com Blog)

SEC Charges 16 Wall Street Firms with Widespread Recordkeeping Failures / Firms admit to wrongdoing and agree to pay penalties totaling more than $1.1 billion (SEC Release)

CFTC Orders 11 Financial Institutions to Pay Over $710 Million for Recordkeeping and Supervision Failures for Widespread Use of Unapproved Communication Methods / Registered Swap Dealers and FCMs Admit Use of Texts, WhatsApp and Other Unapproved Methods to Conduct Business (CFTC Release)

Statement of CFTC Commissioner Christy Goldsmith Romero Regarding Holding Wall Street Accountable For Widespread Use of Unauthorized Communications Platforms, like Whatsapp and Signal, to Evade Regulatory Oversight

SEC Charges Purported Underwriter for His Role in Alleged Ponzi Scheme (SEC Release)

SEC Charges Former Executives At Moviepass and Its Parent Company for Making False Statements to Investors and Falsifying Books and Records (SEC Release)

CFTC Seeks to Revoke Registrations of Commodity Trading Advisor and Its Principal and Associated Person (CFTC Release)

FINRA Censures and Fines Garden State Securities for Solicitations During Distribution Period
In the Matter of Garden State Securities, Inc., Respondent (FINRA AWC)

FINRA Censures and Fines Wedbush Securities for Reg SHO Violations
In the Matter of Wedbush Securities, Inc., Respondent (FINRA AWC)

FINRA Fines and Suspends Centaurus Financial Supervisor for Rep's UIT Recommendations
In the Matter of Michael G. Seymour, Respondent (FINRA AWC)

SEC Settles Insider Trading Charges Against Former Investment Banking Analyst and Associate of Former NFL Player (SEC Release)

SEC Charges Oracle a Second Time for Violations of the Foreign Corrupt Practices Act / Company to Pay $23 Million to Settle Charges (SEC Releases)

Attorney General James Sues Cryptocurrency Platform for Operating Illegally and Defrauding Investors / Nexo Failed to Register as Required by New York Law and Lied to Investors about Their Registration (NYAG Release)

Dallas Man Charged In $26 Million Real Estate Scam (DOJ Release)

SEC Charges Fraud in Real Estate Investment Offering (SEC Release)

SEC Charges  Brothers in Fraudulent "Free-Riding" Scheme (SEC Release)

CFTC Orders Texas Commodity Trading Advisor to Pay $200,000 for Failing to Register as a Swap Execution Facility (CFTC Release)

CFTC Orders Wisconsin Resident and Company to Pay Over $190,000 for Failing to Register as an Introducing Broker and Other Violations (CFTC Release)

Barclays Capital Loses Gender Discrimination Case in FINRA Arbitration
In the Matter of the Arbitration Between Fatima Menou, Claimant, v. Barclays Capital, Inc., Rohit Chaku, and Xiao "Sean" Huang, Respondents (FINRA Arbitration Award 21-00141)

Sioux Falls Man Arrested for Role in Bank Fraud & Money Laundering Conspiracies (DOJ Release)

Former Securities Brokers Sentenced to Federal Prison Terms for Perpetrating Securities Fraud Scheme (DOJ Release)

Former Broker Sentenced to 36 Months in Prison for Stock Fraud Scheme (DOJ Release)

Business Partner Of Art Dealer Inigo Philbrick Pleads Guilty To Defrauding Art Buyers And Financers (DOJ Release)

Idaho I.T. Professional Pleads Guilty To Misappropriating Pre-Publication Investment Recommendations For Insider Trading Scheme / David Stone Electronically Accessed an Investment Advice Service's Unannounced Stock Picks and Used That Information to Generate Millions in Trading Profits and to Provide Inside Tips to Another (DOJ Release)

Three Men Charged with International Market Manipulation Scheme (DOJ Release)

SEC Charges Father-Son Duo and Associate in Market Manipulation Schemes Resulting in a New Jersey Deli with a $100 Million Valuation (SEC Release)

SEC Charges Florida Resident with Operating a $2.3 Million Ponzi Scheme Targeting Haitian-American Community (SEC Release)

SEC Charges Compass Minerals for Misleading Investors about Its Operations at World's Largest Underground Salt Mine / Company also Charged for Disclosure Control Failures Involving Mercury Contamination in Brazil (SEC Release)

SEC Charges Executives and Director with Lying to Auditors (SEC Release)

SEC Charges Los Angeles-Based Company and Its Principal with Perpetrating an $11.7 Million Offering Fraud Targeting the Vietnamese-American Community (SEC Release)

SEC Charges Company President in Fraudulent Microcap Scheme (SEC Release)

SEC Charges Convertible Note Firm and Its Managing Member with Acting as Unregistered Securities Dealers (SEC Release)

CFTC Orders California Trader and Prop Firm to Pay $750,000 for Spoofing in Treasury Futures (CFTC Release)

CFTC Orders Wisconsin Resident and Company to Pay Over $190,000 for Failing to Register as an Introducing Broker and Other Violations (CFTC Release)

FINRA Censures and Fines Former Morgan Stanley Rep for Discretion and Text Messaging
In the Matter of Miche D. Jean, Respondent (FINRA AWC)

FINRA Censures and Fines H.C. Wainwright and Two IB Principals for Text Messages
In the Matter of H.C. Wainwright & Co., LLC, John Wesley Chambers, and Robert Eugene Kristal, Respondents (FINRA AWC)