SEC Charges Two Individuals for Wash Trading Scheme Involving Options of “Meme Stocks”

Today, the Securities and Exchange Commission charged a Florida resident and his friend for engaging in a fraudulent scheme designed to collect liquidity rebates from exchanges by wash trading put options of certain “meme stocks” in early 2021…. Read More

Forms 211: OTC Markets’ New Role – Quotation, Trading Suspensions and Listing

We’ve written several times about the Securities and Exchange Commission’s (“SEC”) amendments to Rule 15c2-11, first proposed in September 2019 and adopted in September 2020. The amended rule will finally become effective on September 28, 2021. That is… Read More

Amended Rule 15c-211 Is Only a Week Away – Going Public, Form S-1, Form 211

We last wrote about the Securities and Exchange Commission’s new Rule 15c2-11 in early August. The amended rule was proposed in September 2019; the final rule appeared in September 2020. Now the compliance deadline, September 28, 2021, is… Read More

SEC Surpasses $1 Billion in Total Whistleblower Awards

On September 15, 2021, the Securities and Exchange Commission (the “SEC”) awarded approximately $110 million to a whistleblower whose information and assistance led to successful SEC and related actions. With the award, the SEC’s whistleblower program has now… Read More

SEC Files Subpoena Enforcement Action Against Alexander Kon

On September 1, 2021, the Securities and Exchange Commission announced that it filed an action against Alexander Kon, a penny stock promoter and resident of Overland Park, Kansas, seeking an order directing him to comply with investigative subpoenas… Read More

A Tale of Two Unregistered Dealers – Toxic Convertible Note Lenders Under SEC Scrutiny

In 2020, the Securities and Exchange Commission (the “SEC”) stepped up its efforts to reel in “toxic lenders”: individuals who profit enormously by buying convertible securities in penny stock companies and selling the shares they obtain upon conversion… Read More

SEC Whistleblower – Dodd Frank Revisions to be Proposed

On August 2, 2021, Gary Gensler, the new chair of the Securities and Exchange Commission (SEC), announced that because he wasn’t entirely pleased with the amendments to the rules governing the agency’s whistleblower program that became final in… Read More

SEC Charges Unregistered Dealers Alexander Dillon, Cosmin Panait, Larry Adams and Salvador Rosillo

On Friday, August 13th, the Securities and Exchange Commission (the “SEC”) filed charges against GPL Ventures LLC, GPL Management LLC, Alexander J. Dillon, Cosmin I. Panait (the “GPL Defendants”), HempAmericana, Inc, Salvador E. Rosillo, Seaside Advisors, LLC, and… Read More

Emerging Growth Company Status and the Going Public Process

Going public offers many benefits to companies seeking to grow their business, including: Enhanced ability to raise capital, Liquidity for founders and shareholders, Increased visibility Improved financial position, Enhanced credibility, Enhanced ability to attract and retain employees and… Read More

SEC Obtains Default Judgment in Edgar Hacking Case

On July 29, 2021, the United States District Court for the District of New Jersey entered a default judgment against Oleksandr Ieremenko and Andrey Sarafanov, who were charged in connection with a scheme to trade on nonpublic earnings… Read More

Understanding the September 28 Amended Rule 15c2-11 Deadline

As the summer of 2021 enters its final months, investors in the U.S. over-the-counter market and OTC issuers themselves await the rollout of the amended Securities and Exchange Commission (“SEC”) Rule 15c2-11 on September 28. The rule is… Read More

SEC Pursues Unregistered Dealers, Toxic Financing, Toxic Convertible Notes

2020 has been a historic year for Securities and Exchange Commission (“SEC”) enforcement action against toxic lenders as unregistered dealers.

SEC charges former Nikola CEO with securities fraud

On July 29th, the Securities and Exchange Commission (the “SEC”) announced charges against Trevor R. Milton, the founder, former CEO and former executive chairman of Nikola Corporation, for repeatedly disseminating false and misleading information – typically by speaking… Read More

SEC Charges Charlie Abujudeh in Microcap Fraud Scheme Targeting Retail Investors

On July 22, 2021, the Securities and Exchange Commission (the “SEC”) filed an emergency action charging California resident Charlie Abujudeh with running microcap fraud schemes targeting retail investors. According to the SEC’s complaint, filed in the U.S. District… Read More

SEC charges Marlon Muller with stock manipulation

  On July 15th, the Securities and Exchange Commission (the “SEC”) announced charges against Marlon Muller for engaging in a pattern of coordinated trading intended to artificially raise and sustain the price of microcap issuer EMS Find, Inc…. Read More

TD Ameritrade puts out list of liquidation only stocks ahead of September 28, 2021 Rule 15c-211 amendments

On September 28, 2021, new amendments to Rule 15c-211 under the Securities Exchange Act of 1934 go into effect to enhance investor protection and improve issuer transparency. These amendments will restrict the ability of market makers to publish… Read More

SEC charges former CEO and CFO of FTE Networks, Inc with accounting fraud

Today, July 15, 2021, the Securities and Exchange Commission (the “SEC”) charged the former CEO and CFO of FTE Networks, Inc. (“FTE”), a network infrastructure company formerly based in Naples, Florida, with conducting a multi-year accounting fraud. The… Read More

SEC Suspends Trading in 55 Abandoned Issuers in Sweeping Order

Today, the Securities and Exchange Commission (the “SEC”) suspended trading in 55 publicly traded penny stock companies because of public interest concerns. According to the Order, all 55 issuers have stopped making public disclosures putting their operating status… Read More

SEC Charges Three Individuals with Insider Trading

On July 9th, the Securities and Exchange Commission (the “SEC”) charged three individuals with insider trading in advance of an announcement by Long Blockchain Company (formerly known as Long Island Iced Tea Co.) that it was going to… Read More

SEC sanctions Elaine A. Dowling and Harold P. Gewerter and charges Shawn Hackman in scheme to skirt a previous ban

On July 1st, the Securities and Exchange Commission (the “SEC”) filed charges against banned attorney Shawn F Hackman for violating a September 10, 2002 Commission Order that suspended him from appearing or practicing before the Commission as an… Read More

SEC Charges Goldman Small Cap Research and its Owner for Failing to Disclose Compensation

On June 30, the Securities and Exchange Commission (the “SEC”) announced settled charges against Reuben Robert Goldman and his online stock promotion firm, Two Triangle Consulting Group LLC, which does business under the name Goldman Small Cap Research,… Read More

SEC Suspends Trading in Enerkon Solar International Inc (ENKS)

On Wednesday, June 23rd, the Securities and Exchange Commission (the “SEC”) suspended trading in Enerkon Solar International Inc (ENKS). The Suspension Order cited multiple public interest concerns. Specifically, the lack of adequate and accurate information in Enerkon’s quarterly… Read More

OTC Markets Requests 15c-211 Disclosures by June 30

    OTC Markets Pink companies will need to update their disclosure to ensure they comply with the new requirements. Alternative Reporting Companies: OTC Markets has updated the Disclosure Guidelines for Alternative Reporting Companies to include all the information… Read More

Rule 15c2-11 Compliance Deadline Is Just Around the Corner

In September of last year, the Securities and Exchange Commission (the “SEC”) adopted amendments to Securities Exchange Act Rule 15c2-11. In early 2020, we wrote about amendments to Rule 15c2-11 that were proposed by the SEC in September 2019. The object of… Read More

SEC Charges Mark Miller for Hijacking Inactive Penny Stock Companies to use for Pump & Dump Schemes

On Friday, June 18th, the SEC filed a Complaint in the United States District Court for the District of Minnesota against Minnesota resident, Mark Allen Miller, for engaging in a fraudulent scheme to target at least seven inactive penny-stock companies with the intention of profiting through pump & dump activity.

Senators Leahy and Grassley Introduce EB-5 Investor Visa Integrity Reform Bill

Senator Patrick Leahy (D-Vt.), a senior member and former chairman of the Judiciary Committee, and Senator Chuck Grassley (R-Iowa), Ranking Member of the Senate Judiciary Committee, introduced the EB-5 Reform and Integrity Act of 2021 to address fraud and national security vulnerabilities in the EB-5 investor visa Regional Center Program, which has been exploited and abused for years.

SEC Charges RenovaCare, Inc and its Controlling Shareholder with Securities Fraud

On May 28, 2021, the SEC charged RenovaCare Inc (RCAR) and its controlling shareholder, Harmel S. Rayat, with securities fraud for intentionally concealing Rayat and the company’s role in promotional activities, including by drafting and issuing a press release that denied their participation in those activities.

SEC Charges U.S. Promoters of $2 Billion Global Crypto Lending Securities Offering

On May 28, 2021, the SEC announced charges against five individuals alleging that they promoted a global unregistered digital asset securities offering that raised over $2 billion from retail investors.

The SEC just suspended my stock! Now what?

It can be the worst feeling in the world. You wake up, get your trading station all ready for a new day of profitable trading, but then the unthinkable happens. The market opens, but not that volatile issuer that had been running big, making your trading account look so good.