SEC Charges CEO & CFO with Sarbanes Oxley Violations

Going Public LawyerSecurities Lawyer 101 Blog On July 31, 2014, the Securities and Exchange Commission(the SEC ) announced charges against Marc Sherman, the CEO and Edward Cummings, the CFO of a Florida-based computer equipment company for misrepresenting to external auditors and the investing public the state of its internal controls over financial reporting. The Sarbanes Oxley Act of 2002 requires a management’s report... Read MoreGoing Public Lawyer
http://www.securitieslawyer101.com/sarbanes-oxley/

Former Officer of Harbinder to Settle Charges In Hedge Fund Scheme

Going Public LawyerSecurities Lawyer 101 Blog On July 28, 2014, the Securities and Exchange Commission (the “SEC”) announced that the former chief operating officer at Harbinger Capital Partners LLC agreed to settle charges that he assisted a scheme by Philip Falcone to misappropriate millions of dollars from the hedge fund.  According to the SEC, the funds were used to pay Falcone’s personal... Read MoreGoing Public Lawyer
http://www.securitieslawyer101.com/former-officer-of-harbinder-settles-hedge-fund-scheme/

SEC Form D – Notice of Sales

Going Public LawyerSecurities Lawyer 101 Blog Whether or not a company is selling shares to accredited or non-accredited investors in its private placement offering under Regulation D, it must file a Form D Notice of Sales with the Securities & Exchange Commission (the “SEC”). Because a Form D must be filed through SEC’s Electronic Data Gathering, Analysis, and Retrieval Filer Management... Read MoreGoing Public Lawyer
http://www.securitieslawyer101.com/sec-form-d/

What Disclosure Is Really Required of Stock Promoters?

Securities Lawyer 101 Blog We are often contacted by investors, stock promoters and investor relations firms after the SEC or DOJ brings an action against stock promoters.  We are asked a myriad of questions about the disclosures that must be provi...
http://www.securitieslawyer101.com/disclosure-stock-promoters/

What Disclosure Is Really Required of Stock Promoters?

Going Public LawyerSecurities Lawyer 101 Blog We are often contacted by investors, stock promoters and investor relations firms after the SEC or DOJ brings an action against stock promoters.  We are asked a myriad of questions about the disclosures that must be provided in promotional websites, emails and other investor relations materials.   Section 17(b) of the Securities Act of 1933, as... Read MoreGoing Public Lawyer
http://www.securitieslawyer101.com/disclosure-stock-promoters/

Whistleblowers Gone Wild

Going Public LawyerNearly everyone believes the Securities and Exchange Commission s Whistleblower Program is a good idea.  By the agency s account, a considerable number of fraudulent schemes have been exposed, and devious perpetrators brought to justice thanks to tips sent in by people who believe they possess information that could help stop crime.  Unfortunately, not all tips received are reliable, and not all... Read MoreGoing Public Lawyer
http://www.securitieslawyer101.com/whistleblowers-gone-wild/

SEC Charges Cecil Franklin Speight and International Stock Transfer

Securities Lawyer 101 Blog The Securities and Exchange Commission (the"SEC") charged a Florida-based transfer agent and its owner with defrauding investors by using aggressive boiler room tactics to peddle worthless securities with promises of high ...
http://www.securitieslawyer101.com/international-stock-transfer/