The U.S. Supreme Court has upheld the SEC’s ability to obtain disgorgement in enforcement cases. However, the decision also put limits on how much disgorgement can be obtained. The Supreme Court held that the SEC can obtain disgorgement of ill-gotten gains in federal court, but the disgorgement cannot exceed the defendant’s net profit from the scheme. In the Opinion, the Supreme Court found that “legitimate expenses” could be deducted from net profit when calculating disgorgement.
Per the terms of a proposed consent judgment filed in New York Federal Court, International Investment Group LLC (“IIG”) has agreed to pay $35.2 million to resolve a case brought by the U.S. Securities and Exchange Commission (“SEC”). In the Complaint filed by the SEC, IIG was alleged to have run a Ponzi scheme going back to 2007. The agreed upon penalty consists of $30.9 million in disgorgement and $4.3 million in prejudgment interest.
In 2019, FINRA Enforcement ordered firms and associated persons to pay $70 million in fines, restitution and disgorgement. Of the $70 million, $44 million was in the form of fines, including 9 fines of over $1 million. These 9 “supersized” fines totaled $27.9 million. Additionally, FINRA ordered roughly $24 million in restitution and $2 million in disgorgement in 2019.
The Securities and Exchange Commission has charged a Connecticut-based investment advisory firm, Sentinel Growth Management and its founder Mark J. Varacchi with stealing money from investors.
Auditing firm Grassi & Company, LLC has agreed to settle charges with the SEC for allegedly issuing nine audits reports containing unqualified opinions on the financial statements for four different funds advised by ClearPath Wealth Management, LLC.
The SEC has charged a Salt Lake City-based investment adviser named Gary E. Oliver with mismanagement of client assets and failure to disclose conflicts of interests.
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WealthFeed leverages proprietary AI technology to collect nine real-time financial data points, including business sales, capital raises, inheritances, and job changes.
The Securities and Exchange Commission (SEC) is ramping up its enforcement efforts targeting off-channel communications, particularly text messages, among investment advisory firms.
B. Riley Financial Inc. has encountered a setback in filing its audited results within an extended timeframe, adding to existing pressure amid concerns raised by short sellers regarding its association with a former business partner.
