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Criminal Law

NASD, SEC and Regulatory Defense Blog NASD, SEC and Regulatory Defense Blog

Securities and regulatory defense trends and issues.
By Michael MacPhail, Esq.

Post Frequency: 0.3/day

Last Entry: June 29, 2009 at 09:53:30

Recent Entries: 36

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The Subprime Crisis: A Major Shift in Priorities for the SEC

Posted on April 07, 2008
Caught flatfooted by the meltdown in the subprime mortgage market, the SEC belatedly is investigating whether any wrongdoing occurred. The origin of the subprime crisis is worth revisiting. In a business environment featuring increasing home prices and significant demand for homes, ?prime? borrowers with good credit locked in their rates...


HOW TO ACHIEVE A LENIENT SETTLEMENT WITH THE SEC

Posted on November 28, 2007
A recent settlement in an SEC case against an attorney accused of engaging in an illegal scheme to ?pump and dump? the shares of a microcap company demonstrates the value of persistence and good lawyering in litigation against the agency. In an earlier article posted on this blog, I wrote that SEC v...


SEC Examinations: A More Hostile Approach?

Posted on November 11, 2007
            The SEC examination staff?s use of a new letter request directed to registered investment advisers signals a more hostile approach to industry participants, and raises the risk of unjustified adverse findings of deficiency...


Brookstreet Securities Collapse: Where Were the Regulators?

Posted on July 16, 2007
The recent collapse of Brookstreet Securities raises serious questions about the efficacy of  regulation by the SEC, the NASD and state regulators.  In late June, Brookstreet fell below net capital requirements and shut it doors after its clearing firm, National Financial Services (?NFS?) suddenly wrote down the price of extremely risky and illiquid collateralized mortgage obligations (?CMO?s?) that Brookstreet had sold to its retail customers...


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Is Your Qualified Intermediary a Thief?

Posted on May 31, 2007
           Someone once asked Jesse James why he robbed banks, to which he responded ?because that?s where the money is!?  Recent events demonstrate that, like James, certain qualified intermediaries involved in so-called ?1031 Exchanges? are unable to resist the temptation to rob investors...


Parallel Insider Trading Charges Filed Against 13 Individuals

Posted on March 02, 2007
            Yesterday, the SEC charged 13 individuals with insider trading in stocks that were the subject of research by UBS Financial Services, and takeover deals in the works at Morgan Stanley. [1]  Collectively, the complaint alleges, the defendants made at least $15 million in illicit profits from these two insider trading schemes...


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