January 29, 2010

SEC adopts new rule set for money market funds; increases investor protection

The U.S. Securities and Exchange Commission (SEC) is taking proactive measures to increase investor protection through strengthening regulatory requirements. This rule new change is expected to significantly increase the governing structure of money market funds, thus adding substantial protection to investors. The newly adopted rules will become effective 60 days after their publication in the Federal Register.

A full-scale review of the regulatory regime of money market funds by the SEC was precipitated by large-scale factors, including the ongoing financial crisis. The SEC’s review was also triggered by the Reserve Primary Fund’s so-called “breaking the buck” weakness, which causes a money market fund’s net asset value to fall below $1.00 per share. When this happens, investors lose money.

According to the SEC, the new rules are designed to increase the resilience of money market funds to stresses (such as economic pressure), and lessen the risks of runs on the funds. The agency hopes to achieve these ends by tightening the maturity and credit standards of quality as well as implementing new requirements for liquidity.

According to SEC Chairman Mary L. Schapiro,

"These new rules will have substantial benefits for investors and are an important first step in our efforts to strengthen the money market regime. These rules will help reduce risks associated with money market funds, so that investor assets are better protected and money market funds can better withstand market crises.”

The SEC expects the new rules to decrease the risks associated with money market funds by:

• Improving liquidity
• Placing limits on lower quality securities
• Shortening maturity limits
• Using “Know Your Investor” procedures
• Performing periodic stress tests
• Using Nationally Recognized Statistical Rating Organizations (NRSROs)
• Strengthening repurchase agreements

For more information about this reform and other important investor information, visit the SEC’s Web site at: http://www.sec.gov

January 28, 2010

Ex-CEO of military contracting firm accused of defrauding company nearly $200 million

David Brooks, a founder and ex-chief executive officer of DHB Industries (DHB), a contracting company for the U.S. military and other agencies, is accused of looting the company of $185 million. According to a federal prosecutor, Mr. Brooks allegedly used the looted money to fund “lavish” personal expenditures.

Along with Sandra Hatfield, DHB’s former chief operating officer, Mr. Brooks is accused of securities fraud, insider trading, manipulating financial records, and a bevy of additional charges. Brooks and Hatfield reportedly used deceitful techniques to increase the company’s reported earnings and profits substantially.

According to federal prosecutors, Brooks and Hatfield reportedly inflated the value of DHB’s stock by lying about the inventory of supposedly shipped combat vests to the U.S. military. As a result, the duo defrauded the company for a combined $190,000 million, reportedly $185 million for Brooks, and $5 million for Hatfield. Both have pleaded not guilty to the charges
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“This is a case about the naked greed of two people, Sandra Hatfield and David Brooks, and the lies and the fraud that they used to satisfy that greed,” Richard Lunger, Assistant U.S. Attorney told jurors in his opening statement. “In the end they lied in order to push up the price of the company’s stock, then [they] sold their stock for $190 million.”

In July 2006, shares of DHB stock were removed from American Stock Exchange listings. Although still headquartered in Pompano Beach, Florida, DHB has since been renamed Point Blank Solutions, Inc. According to the company’s Web site, Point Blank is an industry leader in ballistic technologies, including its Point Blank Body Armor and other protective apparel, for the military and other authorities.

For more information about the case, click on the following Bloomberg Business Week article on the DHB Fraud of Ex-CEO

To learn more about this and other financial fraud cases, visit the U.S. Securities and Exchange Commission’s Web site www.SEC.GOV

The case is U.S. v. David Brooks, 06-CR-550, U.S. District Court, Eastern District of New York (Central Islip).

January 28, 2010

Disbarred lawyer Scott Rothstein Pleads guilty to 1.2 Billion Ponzi Scheme in South Florida

Disbarred lawyer, Scott Rothstein admitted to masterminding a Ponzi scheme that defrauded investors of $1.2 billion. In a Ft. Lauderdale courtroom, Rothstein pleaded guilty to five federal charges, including wire fraud, money laundering, and racketeering. This scheme is the largest financial fraud case in South Florida history.

According to federal officials, the highly successful Ponzi scheme lasted roughly four years. In the process, Rothstein swindled $1.2 billion from countless investors ranging from retirees to athletes. The 47-year-old disbarred lawyer faces a sentence of up to 100 years in federal prison at his sentencing in May.

Along with his scheme came donations to state and national political parties and politicians in excess of hundreds of thousands of dollars. These contributions include $200,000 to the Florida Democratic Party, $150,000 to the Florida Republican Party, and approximately $9,600 to the U.S. Senate campaign of Florida Governor Charlie Crist. All such donations have reportedly been returned.

Federal officials indicate that Rothstein used proceeds from the scheme to buy numerous homes, cars, and other expensive items. Rothstein reportedly owned over 24 homes and other properties, nearly two (2) dozen exotic cars – including a Maserati and a Ferrari – expensive jewelry, an 87-foot yacht, and more. Thus far, authorities have reportedly seized roughly $60 million in assets from Rothstein and his estate.

January 23, 2010

Seven Wall Street Professionals and Attorneys are indicted for Insider Trading

The Department of Justice and the US Attorney for the Southern District of New York announced that seven Wall Street professionals and attorneys were indicted on Friday for insider trading at hedge funds and stock trading firms. The defendants included Zvi Goffer, Arthur Cutillo, Jason Goldfarb, Craig Drimal, Emanuel Goffer, Michael Kimelman and David Plate. The recent indictment includes conspiracy to commit securities fraud and three additional counts of securities fraud.

According to published reports, the defendants allegedly operated an insider trading network, where one member obtained information to pass along to others and traded on nonpublic information, about public company acquisitions and mergers. The conspirators tried to hide their scheme by using prepaid phones to pass along information.

It is believed that, the insider trader scheme earned the co-conspirators approximately, $11 million for themselves and their firms. The defendants will have a day of reckoning before United States District Judge Richard J Sullivan, on February 2, 2010, at their scheduled arraignment.

The Federal Bureau of Investigation and the Securities exchange commission are to be greatly praised with their role in helping to uncover this fraud, According to United States Attorney Preet Bharara. Assistant United States Attorneys Andrew Fish, Reed M. Brodsky and Marc Litt are in charge of prosecuting the case.

It is important to note that the defendants face a maximum of 170 years in prison collectively as a group. Was the risk of this jail time worth the reward? If you ask a few famous fraudsters, Bernie Madoff and Scott Rothstein, the answer is a resounding NO.

Click here to read more from the Department of Justice on the detailed counts, charges and penalties

January 1, 2010

Happy New Year - 2010

Happy New Year! Today marks the first day of 2010. It marks the beginning of a fresh new start.

Please enjoy a few important highlights from the Securities and Exchange Commission:

The SEC has approved stronger safeguards to Protect Clients’ Assets Controlled by Investment Advisers
The new rules provide safeguards where there is a heightened potential for fraud or theft of client assets. The SEC’s new amended custody rule promotes independent custody and requires the use of independent public accountants as third-party monitors.

According to SEC Chairman Mary L. Schapiro, “The Madoff Ponzi scheme and other frauds have caused investors to question whether their assets are safe when they entrust them to an investment adviser. These new rules will apply additional safeguards where the safeguards are needed most — that is, where the risk of fraud is heightened by the degree of control the adviser has over the client’s assets.”

SEC Charges Houston-Based Broker With Defrauding Florida Municipalities

The Securities and Exchange Commission charged a Houston-based broker with engaging in unauthorized and unsuitable trading on behalf of two Florida municipalities, putting them at risk of losing millions of dollars while he personally made over 14 million in commissions.

$418 Million Fair Fund Distribution to Harmed Investors in Invesco Mutual Funds

The Fair Fund distribution stems from a prior SEC enforcement action against IFG. This distribution also includes money from two other Fair Funds related to separate unlawful marketing timing enforcement actions that affected Invesco investors.

Investment Adviser charged by SEC in Fraudulent Scheme Utilizing Football Stars
The Securities and Exchange Commission filed securities fraud charges against Kurt B. Barton and Triton Financial LLC,
for operating a multi-million dollar scam that used former professional football players to promote its offerings