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This is a photo of the National Register of Historic Places listing with reference number 7000063

Saturday, January 25, 2014

CFTC ANNOUNCES TRADE EXECUTION MANDATE FOR ADDITIONAL INTEREST RATE SWAPS

FROM:  COMMODITY FUTURES TRADING COMMISSION

The Commodity Futures Trading Commission’s Division of Market Oversight Announces Trade Execution Mandate for Additional Interest Rate Swaps

trueEX, LLC’s Available-to-Trade Determinations Are Deemed Certified

Washington, DC — The Commodity Futures Trading Commission’s (CFTC or Commission) Division of Market Oversight (Division) today announced that trueEX, LLC’s (trueEX) self-certification of available-to-trade determinations (MAT Determinations) for certain interest rate swap contracts is deemed certified.

This self-certification includes certain interest rate swap contracts made available to trade via an earlier determination that was deemed certified on January 16, 2014, as well as additional swap contracts. Under Commission regulations, the additional swaps in this MAT Determination, whether listed or offered by trueEX or any other designated contract market (DCM) or swap execution facility (SEF), will become subject to the trade execution requirement under section 2(h)(8) of the Commodity Exchange Act 30 days after certification, on February 21, 2014.

All transactions involving swaps that are subject to the trade execution requirement must be executed through a DCM or a SEF. To the extent swaps subject to the trade execution requirement are executed on a SEF, they must be executed in accordance with the execution methods prescribed by Commission regulations.

Friday, January 24, 2014

INVESTMENT BUSINESS FOUNDER ARRESTED FOR NOT COMPLYING TO SUBPOENAS

FROM:  SECURITIES AND EXCHANGE COMMISSION 
Subject of SEC Investigation Held in Contempt of Court and Arrested for Failing to Comply with Subpoenas

The Securities and Exchange Commission today announced that a Staten Island man who is the subject of an agency investigation has been held in contempt of court and arrested for failing to comply with subpoenas requiring him to produce documents and give testimony.

The SEC filed a subpoena enforcement action in federal court in Manhattan on Nov. 4, 2013, against Anthony Coronati, the founder of a business known as Bidtoask.com, which has an office in Staten Island.  According to court documents, entities controlled by Coronati solicited investments relating to the securities of sought-after private companies such as Facebook that investors hoped would later hold initial public offerings.  The SEC is investigating, among other things, whether Coronati commingled investor funds with other money in an account he controlled and used it to pay personal expenses.  Despite two SEC investigative subpoenas in 2013, Coronati has neither produced documents nor appeared for testimony.

A court order issued on Nov. 7, 2013, required Coronati to comply with the SEC subpoenas.  A court order issued on Jan. 17, 2014, found Coronati in civil contempt for ignoring the prior court order.  The contempt order requires Coronati, who repeatedly attempted to evade service, to pay $4,812 to the SEC to reimburse the agency for its costs of serving him with court papers in this proceeding.

The U.S. Marshals Service arrested Coronati today.  At a hearing held before the Honorable William H. Pauley III, the court ordered Coronati released on $50,000 bond and restricted his travel to the Southern and Eastern Districts of New York.  The court ordered a further hearing on Feb. 6, 2014.


Thursday, January 23, 2014

SEC ANNOUNCES FORMER PORTFOLIO MANAGER BARRED FROM INDUSTRY OVER MISREPRESENTATIONS

FROM:  SECURITIES AND EXCHANGE COMMISSION 
01/22/2014 09:56 AM EST

The Securities and Exchange Commission today announced that a former Oppenheimer & Co. portfolio manager has agreed to be barred from the securities industry and pay a $100,000 penalty for making misrepresentations about the valuation of a fund consisting of other private equity funds.

The SEC announced administrative proceedings against Brian Williamson last August based on allegations that he disseminated information falsely claiming that the reported value of the fund’s largest investment came from the portfolio manager of the underlying fund.  Williamson, who managed the fund of funds, actually had valued the investment himself at a significant markup to the value estimated by the underlying fund’s portfolio manager.  Williamson sent marketing materials to potential fund investors reporting a misleading internal rate of return that failed to deduct the fund’s fees and expenses.  Williamson also made false and misleading statements to investor consultants and others in an effort to cover up his fraud.

“Investors rely on truthful and complete disclosures about valuation methodologies and fund fees and expenses, especially when committing to a long-term private equity investment,” said Julie M. Riewe, co-chief of the SEC Enforcement Division’s Asset Management Unit.  “Williamson misled prospective investors by marking up the fund’s interim valuations and concealing his role in enhancing its reported performance.”

Last year, Oppenheimer agreed to pay $2.8 million in a settlement of related charges.

The SEC’s order against Williamson finds that he willfully violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, and Section 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8.  Without admitting or denying the findings, Williamson consented to the order requiring him to pay a $100,000 penalty and barring him from associating with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization for at least two years.

The SEC’s investigation was conducted by Panayiota K. Bougiamas, Joshua M. Newville, and Igor Rozenblit of the Asset Management Unit along with Jack Kaufman and Lisa Knoop of the New York Regional Office.  The case was supervised by Valerie A. Szczepanik.  The SEC’s litigation was handled by Mr. Kaufman, Mr. Newville, and Charu Chandrasekhar.

Wednesday, January 22, 2014

SEC COMMISSIONER AGUILAR'S SPEECH AT LATINOS ON FAST TRACK SYMPOSIUM

FROM:  SECURITIES AND EXCHANGE COMMISSION 
Making A Difference Through Public Service
 Commissioner Luis A. Aguilar
U.S. Securities and Exchange Commission
Latinos on Fast Track (LOFT) Symposium Hispanic Heritage Foundation Washington, DC

Jan. 15, 2014

Thank you for that kind introduction.  I am honored to be here today.  I have had the privilege of speaking at prior Latinos on Fast Track events and I’m always impressed by the quality of the participants.  Today is no exception.  Before I begin my remarks, let me issue the standard disclaimer that the views I express today are my own, and do not necessarily reflect the views of the U.S. Securities and Exchange Commission (“SEC”), my fellow Commissioners, or members of the staff.

I understand that many of you are currently working in a government position, and I want to commend you for having chosen to serve the American public.  There is no nobler cause, and I know that you are already making a positive difference in other people’s lives.  I am truly inspired to see so many bright and dedicated young professionals who are committed to making a difference.  As I look around, I see the future of our country, and it is a bright one.

Today, I would like to spend my time with you discussing:

The important roles that Hispanics and Latinos play in our country’s prosperity; and
The importance of giving back to our communities and country through government service.
The Contributions of Hispanics and Latinos to U.S. Prosperity

Latinos are a heterogeneous and growing group originating from many different parts of the world.  Some of us may be recent immigrants, while others may have had ancestors who lived on American soil even before the founding of the United States.  But all of us share the same strong belief in the “American Dream” and its promise of a better life.

Latinos have a deep appreciation for the freedom, values, and opportunities offered by this great country.  These opportunities are available and they are underscored by data showing that Hispanics have made significant contributions to our economy, among other things, by starting new businesses, creating jobs, and utilizing their purchasing power as consumers.  For example: ­

Nationally, there are over three million Hispanic-owned companies with over $500 billion in revenue;[1]
New Latino entrepreneurs nearly doubled, from 10.5% to 19.5%, between 1996 and 2012;[2]
The numbers of Hispanic firms are growing more than four times faster than the overall number of U.S. firms;[3] and
If it were a nation in itself, the U.S. Hispanic market would be one of the top ten economies in the world.[4]
Clearly, Hispanic and Latino Americans have made significant progress in our country; nonetheless, there are still challenges.  I would like to highlight just a few of these challenges, as well as the progress that has been made.

Challenges Facing Hispanics and Latinos

Hispanics and Latinos continue to bear a disproportionate share of the economic hardships that sometimes destroy the fabric of our daily lives.  While I continue to be optimistic, I remain concerned that more needs to be done to address these challenges.

For example, the recent poverty data released by the U.S. Census Bureau shows that the largest group of poor children in this country are Hispanic, almost six million children in total.[5]  Similarly, last year, the Urban Institute released a report entitled, “Less than Equal: Racial Disparities in Wealth Accumulation”[6] that focused on the wide racial wealth gap between Whites and communities of color—a gap made wider by the impact of the Great Recession.

First, we need to examine the growing racial wealth gap and fully understand why it matters.  The authors of the report described wealth this way:  “Wealth isn’t just money in the bank, it’s insurance against tough times, tuition to get a better education and a better job, savings to retire on, and a springboard into the middle class.  In short, wealth translates into opportunity.”[7]

Regrettably, there is a significant wealth gap between the races.  By 2010, the average wealth of White families was roughly over a half-million dollars higher than the average wealth of Black and Hispanic families.[8]  It is particularly important to note that Blacks and Hispanics are less likely to own homes and have retirement accounts than Whites, so they miss out on these traditionally powerful wealth-building vehicles.

While the recent Great Recession had a devastating impact on all communities, the impacts were much more devastating on communities of color.  Between 2007 and 2010, Hispanic families lost 44% of their average wealth, while African-American families lost 31%, and White families lost 11% of their average wealth.[9]

Lower home values contributed considerably to significant wealth loss among Hispanics.[10]  As described by the Urban Institute:

“[M]any Hispanic families bought homes just before the recession.  Because they started with higher debt-to-asset values, the sharp decline in housing prices meant an even sharper cut in Hispanics’ wealth.  As a result, they were also more likely to end up underwater or with negative home equity.  Between 2007 and 2010, Hispanics saw their home equity cut in half…”[11]

While the Great Recession did not cause the wealth disparities between Whites and minorities, it did exacerbate them.[12]  It is clear that more needs to be done to facilitate basic wealth accumulation in communities of color, especially within the Hispanic community.  This is important because more wealth translates into greater opportunities.

Progress Made by Hispanics

Despite these challenges, however, Hispanics and Latinos have made tremendous progress in this country.  As a group, we may be a minority in this country, but we have made major contributions.  Hispanic and Latino Americans have been leaders of our nation for a very long time.  We take pride in Sonia Sotomayor, the first Latina Supreme Court Justice; Nobel Prize winner Luis Alvarez; and civil rights activist César Chávez;  just to name a few.[13]  During the National Hispanic Heritage Month in 2012, President Barack Obama had this to say about the progress made by Hispanics:

“Hispanics have helped shape our communities and expand our country, from laboratories and industry to board rooms and classrooms.  They have led movements that pushed our country closer to realizing the democratic ideals of America’s founding documents, and they have served courageously as members of our Armed Forces to defend those ideals at home and abroad.  Hispanics also serve as leaders throughout the public sector, working at the highest levels of our government and serving on our highest courts.”[14]

We have indeed served our Nation well.  We must continue this good work and prepare the next generation to do the same.

There is some great news on this front.  The recent data on college enrollment and unemployment rates of Hispanics looks promising.  For example, in 2012, and for the first time, the number of 18- to 24-year-old Hispanics enrolled in college exceeded two million, reaching a record 16.5% share of all college enrollments.[15]  This milestone represents not just population growth, but also increasing high school graduation rates, which this year hit a record 76.3%.[16]  Moreover, a report by the Pew Research Center found that a record 69% of all Hispanic-American high school graduates in the class of 2012 enrolled in a two-year or four-year college that fall.[17]  That is a college enrollment rate higher than that of White high school graduates.[18]  A recent report from the Department of Labor added more good news: the unemployment rate for Hispanics and Latino men and women age 20 years and older has improved since 2012, from 8.1% to 7.9% for men in 2013, and from 10.3% to 8.7% for women.[19]

These achievements represent individual talent, hard work, and determination.  But I also know that, for every young person who worked hard and achieved success, there are many proud parents, brothers and sisters, teachers, and community mentors who offered support, encouragement, and served as positive role models.  Because of this, it is important for all us to give back to our families, communities, and country.  As our country’s next generation of Americans, our Nation’s future is in your hands.  I urge you to continue to contribute to the success of our Nation, as it forges ahead into the future to face the challenges and demands of the 21st Century.[20]

Government Service

Obviously, one way to give back to our country is through government service, and it is encouraging to see so many of you here today who have made that choice.  Indeed, I have made that choice three times—once right after law school, once when President George W. Bush asked me to serve as an SEC Commissioner, and again when President Barack Obama asked me to serve another term as an SEC Commissioner.

My desire to enter public service started a long time ago with my arrival to the United States.  As some of you may know, I was born in Cuba.  I came to this country with my nine-year-old brother when I was only six years old.  Our parents sent us here because they feared for our safety when Fidel Castro seized control of the Cuban government.  Like thousands of Cuban children who arrived in the United States as refugees, we did not have any means of financial support.  I arrived in America with little more than the clothes I was wearing and did not speak a word of English.  But through the generosity that is one of the hallmarks of the American public, and our own determination to meet our challenges, my brother and I not only survived—we thrived.

In my case, I was able to pay my way through college and law school by taking on jobs ranging from being a stock boy in a yarn store to loading baggage and cargo into airplanes at the Miami International Airport.  It is a long way from the hot tarmac of the airport in Miami to the halls of our Nation’s capital, but I carry those experiences with me.  I know how hard Americans work just to survive in this country.

I have now been a lawyer for over 30 years, starting out as a staff attorney at the SEC, later working as a law firm partner in various international law firms, and then as general counsel and executive of one of the world’s largest global asset managers.

However, it’s not just about having a career and making money.  Even when I was focused on building my professional career, I also found it important to give back to my community by becoming involved in many community organizations.  I have found it particularly rewarding to become active with organizations that worked to improve the lives of minorities and the underserved.[21]  I encourage you do to the same.  Giving time and effort to your communities can bring a great deal of personal satisfaction.

It was my need to give back that led me to say “yes” to serving as a Commissioner at the SEC.  Moreover, my professional career had given me a deep respect and admiration for the importance of the SEC.  As many of you know, the SEC is an independent federal agency that oversees our Nation’s capital markets—the world’s largest and most complex market for stocks, bonds, and other types of investment securities.  I expect that most of you, and many people you know, in one way or another, benefit from the work of the SEC.  The SEC’s work is vital because many Americans invest directly in publicly traded companies or put their hard-earned money into pension funds, mutual funds, college savings plans, and 401(k)s.  They do this to support their families, pay for their children’s education, and plan for their retirement.  Because of the importance of the capital markets to the prosperity and security of American families, the SEC’s role as the markets’ “watchdog” is vital to our country’s future.  I have found my work at the SEC to be both rewarding and meaningful.

I expect that many of you feel the same way about your jobs.  No matter what you do in government, I hope that you have a long, proud, and rewarding career.  Let me read you a quote from our late President John F. Kennedy about government service:

“Let every public servant know, whether his post is high or low, that a man’s rank and reputation … will be determined by the size of the job he does, and not by the size of his staff, his office or his budget.  Let it be clear that [we] recognize[] the value of dissent and daring -- that we greet healthy controversy as the hallmark of healthy change.  Let the public service be a proud and lively career.  And let every man and woman who works in any area of our national government, in any branch, at any level, be able to say with pride and with honor in future years: ‘I served the United States Government in that hour of our nation’s need.’”[22]

Conclusion

There’s very little that I can say to top that—so I will end my remarks where I began.  I am delighted to be here.  Organizations like the Hispanic Heritage Foundation—and the LOFT programs—help support and produce the next generation of Hispanic and Latino leaders, and this, in turn, strengthens our families, our communities, and our country.

Hispanic and Latino Americans have faced great challenges living in this great country, but the progress made shows that we have the resolve to achieve the American Dream.  Although I know that it will take a lot of hard work and perseverance, my faith in the American Dream and the boundless opportunities offered by this country make me optimistic that your future—and our future—is bright.

Thank you for everything that you do, and thank you for having me here today.


[1] “The Latino Coalition 2013 Small Business Summit Reaches New Heights and Showcases the Impact of Small Business to the U.S. Economy,” The Wall Street Journal (May 6, 2013), available at  http://online.wsj.com/article/PR-CO-20130506-902461.html?mod=googlenews_wsj .

[2] Robert W. Fairlie, “Kauffman Index of Entrepreneurial Activity 1996-2012,” Ewing Marion Kauffman Foundation (April 2013), p. 9, available at h http://www.kauffman.org/~/media/kauffman_org/research%20reports%20and%20covers/2013/04/kiea_2013_report.pdf .

[3] Id.

[4] The Nielsen Company, “State of the Hispanic Consumer:  The Hispanic Market Imperative” (Quarter 2, 2012), http://es.nielsen.com/site/documents/State_of_Hispanic_Consumer_Report_4-16-FINAL.pdf .

[5] Children’s Defense Fund, Child Poverty in America 2012:  National Analysis (Sept. 17, 2013), available at http://www.childrensdefense.org/child-research-data-publications/data/child-poverty-in-america-2012.pdf .

[6] “Less than Equal: Racial Disparities in Wealth Accumulation,” by Signe-Mary Mckernan, Caroline Ratcliffe. Eugene Steuerle, and Sisi Zhang, Urban Institute (April 2013), available at http://www.urban.org/UploadedPDF/412802-Less-Than-Equal-Racial-Disparities-in-Wealth-Accumulation.pdf . (hereinafter, “Racial Disparities in Wealth Accumulation”).

[7] Id at 1.

[8] Id.

[9] Id.

[10] Hispanic Household Wealth Fell by 66% from 2005 to 2009, The Toll of the Great Recession. Pew Research Hispanic Trends Project (July 26, 2011).

[11] Supra note 6 at 2-3.

[12] Id. at 2.

[13] Hispanic Heritage month, available at  http://hispanicheritagemonth.gov/index.html (last visited Nov. 20, 2013); The Official Web Site of the Nobel Prize, The Nobel Prize in Physics 1968: Luis Alvarez, available at  http://www.nobelprize.org/nobel_prizes/physics/laureates/1968/alvarez-bio.html (last visited Nov. 20, 2013); Cesar Chavez Foundation. About Cesar, available at  http://www.chavezfoundation.org/_page.php?code=001001000000000&page_ttl=About+Cesar&kind=1 (last visited Nov. 20, 2013).

[14] The White House, Office of the Press Secretary, Presidential Proclamation – National Hispanic Heritage Month, 2012 (Sept. 14, 2012), available at http://www.whitehouse.gov/the-press-office/2012/09/14/presidential-proclamation-national-hispanic-heritage-month-2012.

[15] Richard Fry and Mark Hugo Lopez, Hispanic Student Enrollments Reach New Highs in 2011, Pew Hispanic Center (Aug. 20, 2012), p.4, available at http://www.pewhispanic.org/files/2012/08/Hispanic-Student-Enrollments-Reach-New-Highs-in-2011_FINAL.pdf .

[16] Id., p.5 (represents percentage of Hispanic youths, ages 18-24, with a high school diploma or GED).  From 1970 to 2010, high school graduation rates for Hispanic Americans almost doubled (from 32.1% to 62.9%), and four-year college graduation rates more than tripled (from 4.5% to 13.9%). U.S. Census Bureau, Statistical Abstract of the United States: 2012, Table 229 Educational Attainment by Race and Hispanic Origin: 1970 to 2010, available at http://www.census.gov/compendia/statab/2012/tables/12s0229.pdf.

[17] Richard Fry and Paul Taylor, “High School Drop-out Rate at Record Low, Hispanic High School Graduates Pass Whites in Rate of College Enrollment,” PewResearch Hispanic Center (May 9, 2013),  http://www.pewhispanic.org/2013/05/09/hispanic-high-school-graduates-pass-whites-in-rate-of-college-enrollment/ .

[18] Id.

[19] U.S. Department of Labor Bureau of Labor Statistics, Economic News Release:  Table A-3. Employment status of the Hispanic or Latino population by sex and age (Sept. 6, 2013) (last visited Nov. 20, 2013), available at http://www.bls.gov/news.release/empsit.t03.htm.

[20] National Public Radio program broadcast, “College-Bound Latino Students at New High” (Aug. 22, 2012), transcript available at http://www.npr.org/2012/08/22/159777934/college-bound-latino-students-at-new-high .  (James Montoya, College Board:  “… we cannot underestimate the essential role that Latinos in the U.S. will play in reaching our national goal of 55 to 60 percent of young Americans 25 to 34 having a college degree. … to keep the U.S. as a leader in an increasingly global economy …”

[21] I am also concerned about the overall lack of diversity in federal civilian employment.  As of September 2012, the total number of employees in executive branch agencies was about 2.1 million.  However, minorities represented only 34.1% of the employees, with Hispanics representing only 5.8%.  See Office of Personnel Management, Data, Analysis & Documentation, Federal Employment Reports: Executive Branch Employment by Gender and Race/National Origin (Sept. 2002-Sept. 2012), available at http://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/reports-publications/executive-branch-employment-by-gender-and-racenational-origin/.  The lack of diversity in the federal workforce is resulting in the exclusion of many qualified Hispanics and Latinos.

[22] Annual Message to the Congress on the State of the Union (11), Public Papers of the President: John F. Kennedy (Jan. 30, 1961), available at  http://www.jfklibrary.org/Research/Research-Aids/Ready-Reference/JFK-Quotations.aspx#P .

Tuesday, January 21, 2014

COURT ORDERS $1.5 MILLION IN SANCTIONS IN FOREX FRAUD CASE

FROM:  COMMODITY FUTURES TRADING COMMISSION 
Federal Court in Texas Orders $1.5 Million in Sanctions against Defendant Mark E. Rice for Fraudulent Forex Scheme

Washington, DC — The U.S. Commodity Futures Trading Commission (CFTC) obtained a federal court Order requiring Defendant Mark E. Rice, of Sugar Land, Texas, to pay $827,000 in restitution and a $673,000 civil monetary penalty to settle CFTC charges related to fraudulent solicitation and misappropriation of customer funds to trade leveraged off-exchange foreign currency contracts (forex). The Consent Order of Permanent Injunction, entered on January 13, 2014, by Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas, also imposes permanent trading and registration bans against Rice and prohibits him from violating provisions of the Commodity Exchange Act, as charged.

The Consent Order stems from a CFTC Complaint filed on June 29, 2011, against Rice and Rice’s company, Financial Robotics, Inc. (see CFTC Press Release 6067-11).

The Order finds that, from June 2008, Rice operated a fraudulent scheme that solicited approximately $1.7 million from one individual to trade leveraged off-exchange forex contracts. According to the Order, Rice falsely told his customer, among other things, that his investment was “risk free” and insured against loss and that the return of his principal was guaranteed. The Order further finds that Rice misappropriated at least $576,000 of his customer’s funds by transferring the money to unrelated Rice-controlled companies and, thereafter, spending at least $404,000 of those funds for Rice’s personal and business expenses.

The CFTC’s litigation continues against Financial Robotics, Inc.

The CFTC thanks the National Futures Association, the British Virgin Islands Financial Services Commission, The Netherlands Authority for the Financial Markets, and the United Kingdom’s Financial Conduct Authority for their assistance.

CFTC Division of Enforcement staff members responsible for this case are Kevin S. Webb, Michelle S. Bougas, James H. Holl, III, and Gretchen L. Lowe.

Monday, January 20, 2014

EXECUTIVES CHARGED BY SEC WITH FALSIFYING FINANCIAL RECORDS

FROM:  SECURITIES AND EXCHANGE COMMISSION 

SEC Charges Former Senior Executives of Public Company Subsidiary with Falsifying Financial Records and Circumventing Internal Controls

The Securities and Exchange Commission announced that on January 14, 2014, the Commission filed a civil injunctive action in federal district court Milwaukee, Wisconsin, charging Christopher Hohol (“Hohol”) and Brian Poshak (“Poshak”), formerly the senior vice president for operations and the  controller, respectively, of Veolia Special Services (“Special Services”), a fourth-tier United States subsidiary of Veolia Environnement S.A. (“Veolia”), a multinational utilities and environmental services company, with falsifying books, records, and accounts and circumventing internal controls in order to overstate Special Services’ earnings before taxes (“EBT”) over a period of at least three years.

The Commission’s complaint alleges that beginning no later than January 2008 and continuing through February 2011, Hohol, who was the most senior executive at Special Services, and Poshak, among other things, made and caused others to make false accounting entries in Special Services’ general ledger, including entries for fictitious revenue accruals, and entries that improperly reclassified expenses as inventory and improperly reclassified expenses (such as rental equipment, including industrial tools and diving gear) as prepaid assets, in order to artificially increase Special Services’ monthly EBT to meet internal financial performance projections and create the false appearance that Special Services consistently was profitable.  The complaint further alleges that both Hohol and Poshak signed monthly certifications falsely verifying the accuracy of Special Services’ financial information and efficacy of Special Services’ internal controls.  The complaint also alleges that Poshak forged invoices and other documents to support the false accounting entries and to conceal the scheme.  According to the complaint, as a result of Hohol’s and Poshak’s misconduct, Special Services overstated its EBT by a total of approximately $64 million.  The complaint also alleges that, as a result of their misconduct, Hohol and Poshak received $136,000 and $28,000, respectively, in ill-gotten bonus payments that were triggered by the inflated financial performance of Special Services.  The complaint further alleges that the false financial information provided by Special Services was reported up through several intermediate subsidiaries and, ultimately, was consolidated into the parent company’s publicly disclosed financial statements, which were filed with and furnished to the Commission.

The complaint charges Hohol and Poshak with violating Section 13(b)(5) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 13b2-1 thereunder, and aiding and abetting Veolia’s violations of Section 13(b)(2)(A) of the Exchange Act.

Without admitting or denying the allegations in the complaint, Hohol and Poshak have consented to the entry of final judgments that permanently enjoin them from violating Exchange Act Section 13(b)(5) and Rule 13b2-1 thereunder, and aiding and abetting violations of Exchange Act Section 13(b)(2)(A).  Hohol also has agreed to disgorge $106,000, and Poshak has agreed to disgorge $28,000, together with prejudgment interest in the amount of $3,500.  The settlements, which are subject to court approval, take into account Hohol's and Poshak’s current financial condition.