Category: SEC-2407

Securities and Exchange Commission (SEC)

July 2024 Press Releases

SEC-PR-2024-90

SEC NEWS - SEC-PR-2024-90SEC-PR-2024-90 (JUL. 26, 2024)

PRESS RELEASE | SEC-PR-2024-90

Securities and Exchange Commission Awards Whistleblower More Than $37 Million

Washington D.C., July 26, 2024 — The Securities and Exchange Commission today announced an award of more than $37 million to a whistleblower whose information and assistance led to a successful SEC enforcement action.

The whistleblower persisted in reporting the misconduct internally, which led the employer to conduct its own investigation and eventually report the results to the Commission. This self-report caused the Commission to open an investigation. Further, without the whistleblower’s ongoing, extensive, and timely assistance, the staff would not have learned the full context and extent of the employer’s misconduct. 

“Today’s whistleblower learned of misconduct and made the difficult decision to report their concerns. This individual, who was retaliated against for their whistleblowing activity, played a crucial role in the ultimate success of the enforcement proceeding,” said Creola Kelly, Chief of the SEC’s Office of the Whistleblower.

Payments to whistleblowers are made out of an investor protection fund, established by Congress, which is financed entirely through monetary sanctions paid to the SEC by securities law violators. Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 to 30 percent of the money collected when the monetary sanctions exceed $1 million.

As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not disclose any information that could reveal a whistleblower’s identity.

Visit the whistleblower program webpage for more information, including how to report a tip.


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SEC-PR-2024-89

SEC NEWS - SEC-PR-2024-89SEC-PR-2024-89 (JUL. 26, 2024)

PRESS RELEASE | SEC-PR-2024-89

SEC Charges Andrew Left and Citron Capital for $20 Million Fraud Scheme. Boca Raton short seller used ‘bait-and-switch’ tactics to mislead investors

Washington D.C., July 26, 2024 — The Securities and Exchange Commission today announced charges against activist short seller Andrew Left and his firm, Citron Capital LLC, for engaging in a $20 million multi-year scheme to defraud followers by publishing false and misleading statements regarding his supposed stock trading recommendations.

The SEC’s complaint alleges that Left, who resides in Boca Raton, Fl., used his Citron Research website and related social media platforms on at least 26 occasions to publicly recommend taking long or short positions in 23 companies and held out the positions as consistent with his own and Citron Capital’s positions. The complaint alleges that following Left’s recommendations, the price of the target stocks moved more than 12 percent on average. According to the SEC’s complaint, once the recommendations were issued and the stocks moved, Left and Citron Capital quickly reversed their positions to capitalize on the stock price movements. As a consequence, Left bought back stock immediately after telling his readers to sell, and he sold stock immediately after telling his readers to buy.

“Andrew Left took advantage of his readers. He built their trust and induced them to trade on false pretenses so that he could quickly reverse direction and profit from the price moves following his reports,” said Kate Zoladz, Director of the SEC’s Los Angeles Regional Office. “We uncovered these alleged bait-and-switch tactics, which netted Left and his firm $20 million in ill-gotten profits, and we intend to hold Left and his firm accountable for their actions.”   

The complaint alleges that Left and Citron Capital made several false and misleading statements in connection with the scheme. For example, it alleges that defendants told the market that they would stay long on a target stock until the price hit $65 when, in fact, they immediately began selling the stock at $28. It further alleges that they falsely represented to the market that Citron Research was an independent research outlet that had never received compensation from third parties to publish information about target companies when, in fact, the defendants had entered into compensation arrangements with hedge funds. 

The SEC’s complaint, filed in the United States District Court for the Central District of California, charges Left and Citron Capital with violating antifraud provisions of the federal securities laws. Among other remedies, the complaint seeks disgorgement, prejudgment interest, and civil monetary penalties against Left and Citron and conduct-based injunctions, an officer-and-director bar, and a penny stock bar against Left.

In a parallel action, the Fraud Section of the Department of Justice and the U.S. Attorney’s Office for the Central District of California today announced charges against Left.

The SEC previously settled ⊗ (PDF) public administrative charges against Dallas-based registered investment adviser Anson Funds Management LP and Toronto-based exempt reporting adviser Anson Advisors Inc. for conduct involving their relationship with Left and other short publishers.  

The SEC reminds investors to be skeptical and never make investment decisions based solely on information from social media or other unverified platforms.

The SEC’s investigation, which is ongoing, is being conducted by Sarah Nilson and Wendy Pearson and supervised by Finola Manvelian. Carina Chambarry and Michael Barnes in the SEC’s Division of Economic and Risk Analysis and Darren Boerner in the Division of Enforcement’s Market Abuse Unit provided assistance. The litigation will be led by Stephen Kam and Ruth Pinkel and supervised by Doug Miller. The SEC appreciates the assistance of the Financial Industry Regulatory Authority.


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SEC-PR-2024-88

SEC NEWS - SEC-PR-2024-88SEC-PR-2024-88 (JUL. 25, 2024)

PRESS RELEASE | SEC-PR-2024-88

Securities and Exchange Commission Charges Virginia Engineer with Orchestrating $30 Million Offering Fraud

Washington D.C., July 25, 2024 — The Securities and Exchange Commission today charged Babu Ramaraj, a resident of Aldie, Virginia, with defrauding more than 70 investors of approximately $31 million through his company, DAB Inspection and Consulting Services LLC.

The SEC’s complaint alleges that, from February 2019 through May 2024, Ramaraj solicited and lured his victims with the promise of 40-60 percent annual investment returns. According to the complaint, Ramaraj falsely told investors that he would use their funds to finance surety and performance bonds for large-scale, lucrative contracts DAB had been awarded to provide quality assurance services to state and local governments. Ramaraj allegedly created fake contracts and financial documentation to support his misrepresentations. The SEC alleges that, in reality, the contracts never existed, and Ramaraj instead used investor funds to purchase luxury automobiles, jewelry, and property, engage in unprofitable options trading, and pay earlier investors.

“As we allege, Ramaraj promised his investors unrealistic returns from government contracts he never had and then used their money to fund his own lifestyle and to make Ponzi-like payments to maintain the deception,” said Scott A. Thompson, Associate Director of Enforcement in the SEC’s Philadelphia Regional Office. “We will continue to hold accountable those who exploit investors’ trust for personal gain.”

The SEC’s complaint, filed in the United States District Court for the Eastern District of Virginia, charges Ramaraj with violating antifraud provisions of the federal securities laws and seeks an injunction, disgorgement, penalties, and an officer-and-director bar.

In a parallel action, in June 2024, the U.S. Attorney’s Office for the Eastern District of Virginia announced criminal charges against Ramaraj for wire fraud and unlawful monetary transactions. Those charges are pending.

The SEC’s investigation was conducted by Christine R. O’Neil, Matthew B. Homberger, and Michael A. Cuff in the Philadelphia Regional Office. It was supervised by Brian R. Higgins, Brendan P. McGlynn, Mr. Thompson, and Nicholas P. Grippo. The SEC’s litigation will be led by Karen M. Klotz and Judson Mihok and supervised by Gregory R. Bockin. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Eastern District of Virginia, the FBI, and the Virginia State Corporation Commission.


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SEC-PR-2024-87

SEC NEWS - SEC-PR-2024-87SEC-PR-2024-87 (JUL. 22, 2024)

PRESS RELEASE | 2024-87

Keith E. Cassidy Named Interim Acting Director of the Division of Examinations

Washington D.C., July 22, 2024 — In response to a previously announced medical issue, the Securities and Exchange Commission today announced that Richard Best, the Director of the Division of Examinations, will take leave from the agency to focus on his health. Keith E. Cassidy, the Division’s Deputy Director, will serve as its interim Acting Director.

“I wish Rich well as he takes time to focus on his health,” said SEC Chair Gary Gensler. “I thank Keith for stepping in again to lead the Division of Examinations.”

In addition to serving as Deputy Director, Mr. Cassidy is the National Associate Director of the Division’s Technology Controls Program (TCP) with responsibility for technology-focused examinations and overseeing the SEC’s CyberWatch program and the Cybersecurity Program Office. Mr. Cassidy also is an infantry officer in the United States Marine Corps Reserve where he is the Commanding Officer of 4th Reconnaissance Battalion. Mr. Cassidy previously served as the Director of the SEC’s Office of Legislative and Intergovernmental Affairs and as Chief of Staff and Counsel at the Department of Justice’s Office of Legislative Affairs. Earlier, he served as a legislative assistant in the United States Senate. Mr. Cassidy received his J.D. from the George Washington University Law School, his LL.M. in Securities and Financial Regulation with distinction from Georgetown Law Center, and a B.A. from the University of Virginia.


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SEC-PR-2024-86

SEC NEWS - SEC-PR-2024-86SEC-PR-2024-86 (JUL. 19, 2024)

PRESS RELEASE | 2024-86

SEC Launches Interagency Securities Council to Coordinate Enforcement Efforts Across Federal, State, and Local Agencies

Washington D.C., July 19, 2024 — The Securities and Exchange Commission’s Division of Enforcement this month launched the Interagency Securities Council (ISC), which invites federal, state, and local regulatory and law enforcement professionals to meet quarterly to discuss the latest in scams, trends, frauds, and mitigation strategies.

The ISC’s objective is to strengthen the cohesion between federal, state, and local agencies, enhance opportunities to collaborate on cases to protect investors, provide insight and guidance across the ecosystem to those who may not frequently operate in this space, and create a forum for unified efforts in combatting financial fraud.

The ISC launched with representatives from more than 100 departments and agencies, including federal agencies, state offices of attorneys general and state police, and local police departments and sheriff’s offices.

“The Interagency Securities Council will help front line investigators stay abreast of emerging threats and fact patterns to protect their communities from securities fraud, while supporting the efforts of federal, state, and local law enforcement partners across the country,” said Gurbir S. Grewal, Chair of the ISC and Director of the SEC’s Division of Enforcement.

“As financial frauds become more complex, investors benefit from the government – at all levels – working together and sharing information to protect and inform the public,” said Cristina Martin Firvida, the SEC’s Investor Advocate.

About the Interagency Securities Council

The ISC is open to law enforcement and regulatory agencies, and members participate in discussions with experts on emerging threats, hear from investigators conducting and supervising investigations, and explore case study examples of agencies employing innovative approaches to combat financial fraud. The ISC also serves as an opportunity to connect and share information with the larger law enforcement community that less frequently deals with securities law violations, such as police/sheriff departments and tribal- and military-community law enforcement. 

The SEC’s efforts on the council will be led by Adam Anicich and Manuel Vazquez.

Contact

To learn more about this initiative, or to enroll your department or agency, please contact ISC@sec.gov.


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SEC-PR-2024-85

SEC NEWS - SEC-PR-2024-85SEC-PR-2024-85 (JUL. 12, 2024)

PRESS RELEASE | 2024-85

Securities and Exchange Commission Awards More Than $37 Million to a Whistleblower

Washington D.C., July 17, 2024 — The Securities and Exchange Commission today announced an award of more than $37 million to a whistleblower who provided information not previously known to the SEC and which significantly contributed to a successful enforcement action. The whistleblower also met with Enforcement staff and identified potential witnesses and documents, which conserved staff time and resources.

“Today’s award illustrates the importance of the SEC’s whistleblower program, as the whistleblower’s information helped the agency return millions of dollars to harmed investors,” said Creola Kelly, Chief of the SEC’s Office of the Whistleblower.

Payments to whistleblowers are made out of an investor protection fund, established by Congress, which is financed entirely through monetary sanctions paid to the SEC by securities law violators. Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 to 30 percent of the money collected when the monetary sanctions exceed $1 million.

As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not disclose any information that could reveal a whistleblower’s identity.

For more information about the whistleblower program and how to report a tip, visit www.sec.gov/whistleblower.


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SEC-PR-2024-84

SEC NEWS - SEC-PR-2024-84SEC-PR-2024-84 (JUL. 12, 2024)

PRESS RELEASE | 2024-84

SEC Small Business Advisory Committee to Explore Recent Changes to U.S. Small Business Administration’s Small Business Investment Company Program

Washington D.C., July 12, 2024 — The Securities and Exchange Commission’s Small Business Capital Formation Advisory Committee today released the agenda for its meeting on Tuesday, July 30, 2024, which will include an exploration of recent changes to the U.S. Small Business Administration’s (SBA) Small Business Investment Company (SBIC) program. Members of the public can watch the live meeting via webcast on www.sec.gov.

The Committee, which provides advice and recommendations to the Commission on rules, regulations, and policy matters relating to small businesses, will start the meeting by hearing Committee member observations on the state of small business capital raising. The Committee will also discuss recent changes to the SBIC program designed to increase access and diversify funding for small businesses, start-ups, and fund managers. SBICs are privately-owned and operated investment funds that make investments in U.S. small businesses and are licensed by the SBA. SBICs may obtain access to SBA-guaranteed loans to match privately raised capital, which increases the amount of capital these funds can invest in American small businesses.

To facilitate the discussion, members will hear from an SBIC fund and a practitioner who will, among other things: provide an overview of the SBIC program and recent changes, including the introduction of a new type of SBA-guaranteed loan to private funds; address the regulatory framework governing SBICs; and share their views on successes and challenges to date. The discussion will commence with remarks by Committee member Bailey DeVries, who leads the SBIC program in her role as the SBA’s Associate Administrator and Head of Office of Investment and Innovation.

The full agenda, meeting materials, and information on how to watch the meeting are available on the Committee webpage.


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SEC-PR-2024-83

SEC NEWS - SEC-PR-2024-83SEC-PR-2024-83 (JUL. 2, 2024)

PRESS RELEASE | 2024-83

SEC Updates Website to Improve Compliance, Functionality, and User Experience

Washington D.C., July 2, 2024 — The Securities and Exchange Commission today announced enhancements to its website to improve compliance with federal statutes and standards as well as the site’s functionality. The updates will improve the website’s user experience for market participants and the public.

“I’m pleased that these updates will improve our website’s compliance with federal standards,” said SEC Chair Gary Gensler. “These changes will benefit investors, issuers, and the broader public.”   

Compliance With the 21st Century IDEA, U.S. Web Design Standards, Section 508 and Other Statutory Regulations 

The updates to SEC.gov include improving the site’s information architecture to better conform to the 21st Century IDEA ⊗, the General Services Administration’s U.S. Web Design Standards, and Section 508 of the Rehabilitation Act of 1973 ⊗. For example, the website now features a more responsive design, an increased focus on mobile usability, enhanced search capabilities, and streamlined content organization. These updates improve SEC.gov’s accessibility for all users, including those with disabilities, and support a variety of devices and screen sizes.  

Enhanced Navigation With the Public in Mind

The SEC updated the site’s information architecture to be more intuitive, which will simplify public access to the information they seek and reduce time spent searching for documents, filings, and regulatory updates. This user-centric approach organizes information clearly, logically, and topically rather than based on the agency’s internal organizational structure. 

New “Quick Links” 

Based on web traffic data and user testing and feedback, the SEC’s homepage features a new “Quick Links” section that enables users to get to the most sought-after content quickly. The site’s dynamic design will allow the agency to change “Quick Links” as needed based on web traffic changes. 

“Tips and Complaints” Wizard 

Many users visit the SEC’s website to report misconduct or to seek help addressing an issue with an investment account. The updated website includes a new “Tips and Complaints” wizard to direct users to the correct forms when contacting the agency. Those forms include Tips, Complaints, and Referrals; the Investor Complaint Form, the Ombuds Matter Management System, and the Investor Question Form. In addition to helping users access the correct form, the wizard includes resources that provide relevant information to users seeking to contact the agency. 

Improved Performance, Coding, and Speed 

The enhancements improve SEC.gov’s speed, providing users with quicker access to information. The site also features better coding that improves search engine optimization, machine readability, and overall accessibility. 

Easier Access to Past Events 

In the past, it was difficult for users to find information on past events. The site improvements include a new events archive that allows users to quickly locate details about previous Commission meetings or other public events, including Sunshine Act notices and archived webcasts. 


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SEC-PR-2024-81

SEC NEWS - SEC-PR-2024-81SEC-PR-2024-81 (JUL. 1, 2024)

PRESS RELEASE | 2024-81

SEC Adopts Tailored Registration Form for Offerings of Registered Index-Linked and Registered Market-Value Adjustment Annuities

Washington D.C., July 1, 2024 — The Securities and Exchange Commission today adopted tailored disclosure requirements and offering processes for offerings of registered index-linked annuities (RILAs) and registered market value adjustment annuities (registered MVA annuities, and collectively with RILAs, non-variable annuities). The final rule will require issuers of non-variable annuities to register offerings on Form N-4, the form currently used to register offerings of most variable annuities. This change will provide investors with tailored disclosures and key information about these complex products and modernize and enhance the registration, filing, and disclosure framework for non-variable annuities.

“The market for these complex products has grown significantly in recent years. Sales of RILAs reached approximately $47.4 billion in 2023 alone, more than quintupling since 2017,” said SEC Chair Gary Gensler. “It is important that investors receive the information they need – in plain English – to make informed investment decisions. These amendments will improve the disclosure process for these complex products to benefit investors.”

Non-variable annuities are annuity contracts offered by insurance companies and sold to retail investors. With RILAs, investor returns are based in part on the performance of an index or other benchmark over a set timeframe, subject to limits on potential losses and gains. Registered MVA annuity returns are based on a fixed and stated minimum rate of interest over a set timeframe. Both products typically impose certain charges and penalties for early withdrawals.

The final amendments build on the Commission’s existing registration, filing, and disclosure framework for variable annuities to provide a tailored approach for non-variable annuities. These amendments are designed to provide investors with a better understanding of these products. They also will provide efficiencies for insurance company issuers that offer both variable and non-variable annuities as well as for the Commission in reviewing those filings.

The approach to disclosure is informed by investor testing conducted in connection with the proposal. Under the amendments, non-variable annuities will be permitted to use a summary prospectus framework that highlights key information for investors while making additional information available for investors who want it. The Commission also is extending to non-variable annuity advertisements and sales literature a current Commission rule (Rule 156) that provides guidance as to when sales literature is materially misleading under the federal securities laws.

In addition, the Commission is adopting amendments to Form N-4 that apply to offerings of variable annuities that are informed by the Commission staff’s historical experience in administering these forms as well as relevant investor testing. The Commission also is adopting technical amendments to other insurance product registration forms.

The amendments will become effective 60 days after publication in the Federal Register. Filers will have until May 1, 2026, to comply with most of the final amendments to Form N-4 and the related rule and form amendments. For the amendments to Rule 156, insurance companies will be required to comply on the effective date.


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SEC-PR-2024-80

SEC NEWS - SEC-PR-2024-80SEC-PR-2024-80 (JUL. 1, 2024)

PRESS RELEASE | 2024-80

SEC, MSRB, FINRA to Hold Hybrid Compliance Outreach Program

Washington D.C., July 1, 2024 — The Securities and Exchange Commission, Municipal Securities Rulemaking Board (MSRB), and Financial Industry Regulatory Authority (FINRA) today announced the opening of registration for both in-person and virtual attendance of their Compliance Outreach Program for municipal market professionals. The event is open to the public and will take place on Wednesday, Nov. 20, and Thursday, Nov. 21, 2024, at the Byron Rogers Federal Building in Denver, Colorado.

The program will provide municipal market participants an opportunity to hear from SEC, MSRB, and FINRA staff on timely regulatory and compliance matters for municipal advisors and dealers. Panel topics will include compliance pain points for municipal advisors and broker-dealers, exam and enforcement priorities, a regulatory outlook, net capital requirements, federal fiduciary duty, post-trade monitoring, and other municipal market hot topics.

“The SEC looks forward to co-hosting this meaningful Compliance Outreach Program for municipal market participants,” said SEC Director of the Office of Municipal Securities, Dave Sanchez. “These panel discussions address important regulatory and guidance information—much of which includes novel ideas and perspective—that municipal market participants will find valuable both in their roles and as industry leaders.”

“We are pleased to continue coordinating with the SEC and FINRA to continue an open dialogue with municipal advisors and dealers to address their top concerns and interests,” said MSRB Chief Regulatory and Policy Officer Ernesto Lanza. “This year’s program devotes time to both municipal advisors and dealers in the form of breakout sessions that will address unique issues and needs for all types of municipal market professionals, including small firms.”

“The Compliance Outreach Program is a great opportunity to engage in dialogue that fosters effective regulation, improves compliance, and strengthens everyone’s understanding of the industry,” said Michael Solomon, Executive Vice President, Examinations and Membership Application Program at FINRA. “We are pleased to partner with the SEC and MSRB to offer a forum where municipal market participants not only hear from their regulators but also work with them.”

Registration is being administered by FINRA and is now open. The program is free and open to the public. For those unable to attend in-person or via the livestream, a recording will be archived on the SEC’s website following the event.

To submit questions and topics of interest in advance of the event, please email: gergana.sellers@finra.org.

Register for the program ⊗.


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