The SEC Division of Examinations recently released its 2022 Division of Examinations “Priorities.” The 2022 Priorities provide critical insight into what the Division of Examinations (the “Division”) considers the most significant and highest potential risk areas for investors, and provides
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FINRA Wades into the Controversial Deep-End of CCO Supervisory Liability
By Jim Lundy
The lack of specific guidance regarding failure to supervise liability for chief compliance officers (“CCOs”) has been a controversial and opaque topic that both FINRA and the SEC have struggled with for well over a decade. Back on September 30,…
The SEC Sues Investment Advisory Firm in Connection with Alleged Failure to Disclose Revenue Sharing and Other Financial Conflicts, as Well as Converting Clients to Wrap Accounts Without Considering Whether it is in Clients’ Best Interests
By Jim Lundy
In recent years, the SEC has been conducting a nationwide and industry-wide “sweep” of investment advisory firms, pursuant to which it has opened investigations and brought enforcement actions against a multitude of investment advisory firms related to their disclosures and…
SEC Charges Texas School District and Former CFO with Fraud Related to Bond
By Jim Lundy
On March 16, 2022, the Securities and Exchange Commission charged Crosby (Texas) Independent School District (Crosby) and its former Chief Financial Officer, Carla Merka, with misleading investors in a $20 million municipal bond sale, which was issued to pay down…
Cryptocurrency Exchange Founders Plead Guilty to Bank Secrecy Act Violations
By Jim Lundy
On February 24, 2022, two of three founders of an off-shore cryptocurrency derivatives exchange, the Bitcoin Mercantile Exchange or “BitMEX,” pled guilty to violating the Bank Secrecy Act (BSA) by failing to maintain an anti-money laundering program. Pursuant to their…
BlockFi to Pay $100 Million Over Crypto Lending Platform
By Jim Lundy
On February 14, 2022, the SEC announced charges against BlockFi Lending LLC – a New Jersey-based cryptocurrency lending platform – for failing to register its crypto lending product and violating the Investment Company Act of 1940. BlockFi agreed to a…
SEC Proposes New Cybersecurity Risk Management Rules for Registered Investment Advisers and Funds
By Jim Lundy
On Wednesday, the Securities and Exchange Commission announced proposed new cybersecurity risk management rules and amendments for investment advisers and investment companies. The proposed rules are designed to address concerns about advisers’ and funds’ cybersecurity preparedness and incident response in…
SEC Disgorgement Claim Challenged After Supreme Court’s Decision in Liu
By Jim Lundy
The SEC’s disgorgement request in a litigated proceeding in federal district court is being challenged in the wake of the Supreme Court’s 2020 decision in Liu v. SEC, which limited how much the agency can seek in disgorgement. In April…
Ubiquitous Use of WhatsApp and Other Unrecorded Internal Communications Result in Substantial Penalties in Recent SEC, CFTC Actions
By Jim Lundy
The SEC has, for many years, used broker-dealer and associated persons’ failure to create and maintain books and records as a basis for the imposition of serious penalties. In recent actions, it appears to be continuing—and upping the ante on—its…
Reg BI: What’s Going On and What May Happen Next?
By Jim Lundy
Chicago partner, Jim Lundy, co-leader of the firm’s White Collar Defense and Investigations team and the firm’s SEC & Regulatory Enforcement Defense practice, provides a end of year update on Reg BI. In this blog post, Jim discusses the events…