Opening Remarks at the Compliance Outreach Program for Broker-Dealers

Opening Remarks at the Compliance Outreach Program for Broker-Dealers

SEC CHAIR WHITE LEADS EVENT SUPPORTING MILITARY CONSUMER PROTECTION DAY 2015

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

07/15/2015 05:00 PM EDT

Securities and Exchange Commission Chair Mary Jo White led a multi-agency event today to support Military Consumer Protection Day 2015, highlighting how service members can best protect themselves and their finances from fraud and identity theft.

Chair White was joined at the Joint Base McGuire-Dix-Lakehurst event by officials from the U.S. Postal Inspection Service, the Department of Justice’s Service Members and Veterans Initiative, the U.S. Attorneys' Housing and Civil Enforcement Section of the Fair Housing Program, the FBI’s Securities Fraud Program and the U.S. Secret Service.

“Taking control of your finances starts with access to information about financial products and services and the people who sell them,” said SEC Chair Mary Jo White. “We want to ensure the men and women of our armed forces who protect us are themselves protected in the financial marketplace.”

White took questions from the base commander, Col. Frederick Thaden, as well as other senior base leadership, before an audience of several hundred at JBMDL’s Timmerman Center in New Jersey, consisting of service members and their families.

“We find that most people, service members included, want more information on how to better manage their finances and check out financial professionals, so they can make the best decisions for their families and for their future.” said Lori Schock, Director of the SEC’s Office of Investor Education and Advocacy.

Questions ranged from what service members should consider before investing to how to avoid becoming victims of investment fraud. Both Chair White and Ms. Schock cautioned service members about offers that sound too good to be true, high-pressure sales tactics, and fraudulent opportunities that appear on social media.  Chair White also discussed cases the SEC has brought to halt frauds that targeted service members and advised the audience on how to best protect themselves from such scams.

Service members and their families are frequent targets for financial fraud and identity theft.  Military Consumer Protection Day aims to provide men and women in uniform with the knowledge and skills to better understand their finances so they can invest wisely and avoid fraud.

SEC CHARGES 15 INDIVIDUALS AND 19 ENTITIES IN MICROCAP MANIPULATION CASE

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

07/14/2015 02:30 PM EDT

The Securities and Exchange Commission today charged 15 individuals and 19 entities for their roles in alleged schemes to manipulate the trading of microcap stocks.  The 34 defendants include six firms alleged to have acted as unregistered broker-dealers catering to customers who sought to conceal their stock ownership and manipulate the market for microcap securities.

Owners and employees at the six firms, several customers, stock promoters, and two microcap issuers – Warrior Girl Corp. and Nature’s Peak, formerly Everock, Inc.  –  also are among the defendants in the case filed in federal district court in Manhattan.  The SEC charged the defendants with fraud, manipulative trading, touting, and with registration violations.  Nine of the defendants were named in a criminal indictment charging them based on their roles in the alleged stock manipulation scheme.

The SEC complaint alleges that Costa Rica-based Moneyline Brokers and its founder Harold Bailey “B.J.” Gallison II unlawfully operated as a broker-dealer for U.S.-based customers who engaged in “pump and dump” schemes to artificially inflate a stock’s price and then sell their own shares.  According to the complaint, Moneyline and certain of its employees routinely accepted transfers of microcap stocks from the U.S. customers and had stock certificates reissued in Moneyline’s name to conceal the true owners of the shares.

Carl H. Kruse Sr. and Carl H. Kruse Jr., both of Miami, allegedly conspired with Moneyline and others to manipulate trading in Warrior Girl, a former shell company that the Kruses controlled.  Warrior Girl’s purported business changed from hydroelectric power (in 2008) to extracting oil from tar sands (in 2009) to online education (in 2010), and the Kruses allegedly engaged in multiple manipulations to profit from promotions to inflate the stock’s price. As a result of the various campaigns the Kruses are alleged to have obtained illegal profits estimated to total $2.3 million.

Another alleged scheme involved trading in Everock, Inc., a Canada-based mining company that relocated to Nevada and sold sandwich spreads after reorganizing itself with Nature’s Peak in 2008.  A concerted campaign promoting the mining-turned condiment company allegedly included videos and Facebook postings and produced more than $2.5 million in profits for defendants Charles S. Moeller, of Sea Cliff, N.Y., Mark S. Dresner, of Dix Hills, N.Y. and Frank J. Zangara, of Locust Valley, N.Y.

“This case demonstrates the Commission’s resolve to relentlessly pursue the villains behind these microcap fraud schemes wherever in the world they may be hiding,” said Andrew M. Calamari, Director of the SEC’s New York Regional Office.  Michael Paley, Co-Chair of the SEC Enforcement Division’s Microcap Fraud Task Force, added: “This case presents an excellent example of the capacity the Microcap Fraud Task Force has developed to pierce the layers of sham entities and nominee accounts that predators employ to harm investors and evade detection by law enforcement.”

In addition to Moneyline, the complaint alleges that two Costa Rica-based firms, Sandias Azucaradas CR, S.A. and Vanilla Sky, S.A., and three Nevada-based firms, Bastille Advisors, Inc., Club Consultants, Inc., and Jurojin, Inc., operated as unregistered broker-dealers.  Employees of the firms who were charged are: Roger G. Coleman Sr., of Las Vegas, Ann M. Hiskey, of Costa Rica, Robin M. Rushing and David K. Rushing, both of Spokane, Wash., and Michael J. Randles, of Costa Rica.

Promoters who were charged include: Dresner, Antonio J. Katz, of Red Bank, N.J., Moeller, Richard S. Roon, of Rumson, N.J., AKAT Global LLC, Digital Edge Marketing LLC, Oceanic Consulting LLC, and Spectrum Research Group Inc.

The other defendants charged are: Allan M. Migdall, of Fort Lauderdale, Florida, Robert S. Oppenheimer, of Belvedere Tiburon, Calif., Core Business One, Inc., Bermuda-based Fry Canyon Corp., L.F. Technology Group LLC, Starburst Innovations LLC, and Tachion Projects, Inc., along with B.H.I. Group, Inc. and U D F Consulting Inc., both of New York.

The SEC is seeking return of allegedly ill-gotten gains with interest from all defendants.  It also is seeking civil monetary penalties from nearly all the defendants and seeks to bar nearly all of them from the penny stock business and bar some of them from serving as public company officers or directors.

The SEC’s investigation has been conducted by Laura Yeu, Christopher Ferrante and Eric Schmidt of the Microcap Fraud Task Force along with Joshua Newville and Nicholas Pilgrim in the New York Regional Office.  The SEC’s litigation will be led by Mr. Pilgrim.  The SEC appreciates the assistance of the Department of Justice, the U.S. Attorney’s Office for the Eastern District of Virginia, and the Federal Bureau of Investigation.

Ere Misery Made Me Wise[1] — The Need to Revisit the Regulatory Framework of the U.S. Treasury Market

Ere Misery Made Me Wise[1] — The Need to Revisit the Regulatory Framework of the U.S. Treasury Market

Opening Remarks at the Compliance Outreach Program for Broker-Dealers

Opening Remarks at the Compliance Outreach Program for Broker-Dealers

OZ MANAGEMENT LP TO PAY $4.25 MILLION PENALTY TO SETTLE CHARGES FOR MISIDENTIFYING TRADES

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION

07/14/2015 10:00 AM EDT

The Securities and Exchange Commission today charged OZ Management LP with providing inaccurate trade data to four prime brokers, causing inaccuracies in the brokers’ books and records and in data provided to the SEC in investigations.  OZ Management, an investment adviser for numerous Och-Ziff funds, admitted wrongdoing and agreed to pay a $4.25 million penalty to settle the charges.

According to the SEC’s order instituting a settled cease-and-desist proceeding, for nearly six years, ending in December 2013, OZ Management misidentified some trades in data provided to four of its prime brokers.  Although trade settlement was unaffected, the erroneous data had a significant impact, causing the four prime brokers to inaccurately list approximately 552 million shares in their own books and records.  The erroneous information also was incorporated into data that brokers provide electronically to regulators, resulting in approximately 14.4 million shares being inaccurately reported in response to the SEC’s “blue sheet” requests.  FINRA made several referrals to the Commission based on the incorrect trade data.

Detailed trade data on “blue sheets,” named for the original paper form, help the SEC investigate conduct such as insider trading and market manipulation, and reconstruct trading after extreme market volatility.  The SEC discovered OZ Management’s violations during an investigation in 2013, when it determined that the firm’s own files identified certain trades differently than the blue sheets.  The discrepancy arose for trades where OZ Management did not characterize sales as long or short based on how they were marked when they were sent to the market but filtered them based on other factors, such as the relevant fund’s position in the stock at the prime broker.  As a result, the way trades were identified sometimes changed, causing some long sales to be erroneously shown as short sales when OZ Management provided the data to its prime brokers.  OZ Management has since provided corrected historical information to the affected prime brokers who are working to make their own corrections.

“The SEC relies on the accuracy of the books and records of financial institutions and blue sheet data,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement.  “OZ Management’s inaccurate data had a substantial ripple effect that the SEC staff discovered through diligent investigative work.”

This is the second recent SEC enforcement action involving blue sheets.  In 2014, the Commission sanctioned Scottrade for failing to provide accurate and complete blue sheet submissions to the SEC.

The SEC’s order finds that OZ Management’s conduct caused violations by four prime brokers of the federal securities laws and SEC rules requiring accurate books and records.  The SEC also found that OZ Management wrongfully purchased stock during a restricted period for a secondary offering in 2011, in violation of SEC Rule 105.  OZ Management admitted the facts in the SEC’s order and consented to a cease-and-desist order.  In addition to the $4.25 million penalty, OZ Management agreed to return $243,427 of ill-gotten trading gains and prejudgment interest from its trading in violation of Rule 105.

The SEC’s investigation was conducted by Ann Rosenfield, John Marino, Ainsley Kerr and Carolyn M. Welshhans of the Enforcement Division’s Market Abuse Unit.  The case was supervised by Daniel M. Hawke, Chief of the Market Abuse Unit, and co-deputy unit chief Robert A. Cohen.