Annual Report: Division of Enforcement
Annual Report: Division of Enforcement
Annual Report: Division of Enforcement
Annual Report
Division of Enforcement
2018
DISCLAIMER
This is a report of the staff of the U.S. Securities and Exchange Commission.
The Commission has expressed no view regarding the analysis, fndings, or
conclusions contained herein.
Introduction ....................................................................................................................................................................................................................... 6
Initiatives .............................................................................................................................................................................................................................. 6
Types of Cases.....................................................................................................................................................................................................10
Individual Accountability.............................................................................................................................................................................. 12
Relief Obtained.................................................................................................................................................................................................... 12
Litigation.................................................................................................................................................................................................................... 14
Allocation of Resources........................................................................................................................................................................................ 14
Appendix ...........................................................................................................................................................................................................................19
Endnotes............................................................................................................................................................................................................................38
DIVISION OF ENFORCEMENT ANNUAL REPORT | 1
To be sure, these measuring sticks are more diffcult to employ than counting up the raw
number of cases or offering a gross total of fnancial sanctions. But those raw numbers and
gross totals do little to provide a true picture of whether the Division’s efforts have furthered
the Commission’s three-part mission of protecting investors, maintaining fair, orderly, and
effcient markets, and facilitating capital formation. To effectively assess our performance,
and guide our future efforts, we must be more rigorous and thoughtful in our analysis.
In our report last year, we articulated fve principles that would guide the Division’s
assessment of its performance: (1) focus on the Main Street investor; (2) focus on individual
accountability; (3) keep pace with technological change; (4) impose remedies that most effec-
tively further enforcement goals; and (5) constantly assess the allocation of our resources.
We believe the efforts of the Division’s dedicated leadership and staff—at headquarters in
Washington, DC, and across the country in our 11 regional offces—over the past fscal year
refect a faithful adherence to these principles.
2 | U.S. SECURITIES AND EXCHANGE COMMISSION
The Division’s focus on protecting Main Street investors was also refected in two important
initiatives over the past fscal year. First, the Retail Strategy Task Force, formed in FY 2018,
contributed to the Division’s retail focus by leveraging enforcement resources and drawing on
expertise from across the Commission to develop and implement strategies and techniques
for addressing the types of misconduct that most affect retail investors. And, second, during
FY 2018, the Commission announced the Share Class Selection Disclosure (SCSD) Initiative,
a program designed to quickly and effciently bring relief to investors who may have been
harmed by failures to disclose conficts of interest related to marketing fees and expenses
associated with the selection of mutual fund share classes. Scores of investment advisers par-
ticipated in the SCSD Initiative, which will result in charges against them. We expect investors
to beneft greatly from money that will be repaid to them by participants in the initiative.
Importantly, a goal of this initiative is to ensure that advisers and their affliates properly
disclose their conficts of interest.
As we said before, we do not believe the Commission faces a binary choice between protect-
ing Main Street and policing Wall Street. It must do both. In many cases, including those
highlighted by our SCSD Initiative, misconduct at these institutions causes substantial harm
to investors on Main Street. This year, as the Division of Enforcement focused its lens on
protecting Main Street investors, it continued to investigate and recommend actions against
fnancial institutions, intermediaries, and other market participants.
Notably, in FY 2018, the Division’s Cyber Unit became fully operational and—together with
staff across the Division—spearheaded investigations which led to signifcant enforcement
actions in the cyber area. For example, the SEC brought an action against the entity formerly
known as Yahoo! Inc., which was the agency’s frst case against a public company for fail-
ing to properly inform investors about a cyber breach. The SEC also brought its frst action
against a frm for violations of the Identity Theft Red Flags Rule, as well as additional cases
involving false regulatory flings allegedly made for the purpose manipulating the price of
securities.
Led by the Cyber Unit, the Division emerged as a global leader in addressing misconduct
relating to digital assets and initial coin offerings (ICOs). We believe our approach to enforce-
ment in this space has been thoughtful and consistent. Importantly, it has provided a template
for authorities in other countries, where fraud and misconduct targeting U.S. investors often
have been based.
Given the explosion of ICOs over the last year, we have tried to pursue cases that deliver
broad messages and have market impact beyond their own four corners. To that end, we have
used various tools—some traditional, such as the Commission’s trading suspension authority,
and some more novel, such as the issuance of public statements—to educate investors and
market participants, including lawyers, accountants, and other gatekeepers. We believe these
investor-protection efforts have been successful.
We also have recommended enforcement actions for conduct ranging from registration
violations, to unregistered broker-dealer activity, to instances in which the purported use of
blockchain-related technology is merely a veneer for outright fraud. A poignant example of
our impactful approach is the SEC’s enforcement action against the co-founders of a pur-
ported fnancial services start-up. This action, coupled with the Enforcement Division’s joint
statement with the Commission’s Offce of Compliance Inspections and Examinations urging
caution around celebrity promotion of ICOs, brought an almost immediate end to such
promotions. Another example is the SEC’s action against an allegedly fraudulent ICO that
targeted retail investors to fund what it claimed to be the world’s frst “decentralized bank.”
We moved quickly to stop the fraud by obtaining a court order, and the action showcased our
ability to obtain a receiver over digital assets.
Finally, the Division has continued to leverage its own technology to accomplish its enforce-
ment goals. Using proprietary tools to conduct sophisticated data analysis, the Division has
identifed and pursued a wide variety of misconduct, including insider trading, “cherry-pick-
ing” schemes, and the sale of unsuitable investment products or programs to retail investors.
4 | U.S. SECURITIES AND EXCHANGE COMMISSION
Yet we have increasingly looked to the wide range of other tools at our disposal and aimed,
whenever possible, to supplement fnancial remedies by tailoring specifc relief that best ad-
dresses the underlying charged conduct. Two examples from the last fscal year include the
Commission’s settlement with the CEO of Theranos, and the settlement with Tesla and its
Chairman and CEO, both of which paired signifcant monetary relief with investor-oriented
undertakings tailored to both remediate the harm visited on shareholders by the misconduct
at issue and provide shareholders with greater protection in the future.
In the case of Theranos, the Commission alleged that the CEO had misused her near total
control of the company to defraud investors. The Commission’s settlement stripped the CEO
of her super-majority voting control and ensured that she would not beneft from any future
sale or other liquidation event until other shareholders had frst been made whole. In the case
of Tesla, the Commission alleged that the Chairman and CEO had engaged in fraud through
a series of false and misleading tweets about a purported take-private transaction. The
remedies included not only signifcant penalties, but also substantially enhanced corporate
governance—including requiring the appointment of two new independent directors, a
new committee of independent directors, and the CEO to step down as the company’s Chair-
man—as well as oversight of the CEO’s communication practices.
The results from the past year are derived both from the Division’s dedicated staff rising to
the challenge and from an effective allocation of resources. We shifted resources into mar-
ket segments presenting emerging risks, including cyber threats and ICOs. We implemented
innovative initiatives, such as the SCSD Initiative, which we expect to result in the return of
substantial funds to retail investors. And we have paid careful attention to case selection,
attempting to open and pursue investigations that are likely to have the most meaningful
impact for investors and the markets.
DIVISION OF ENFORCEMENT ANNUAL REPORT | 5
Above we discussed the limitations of raw quantitative metrics. Notwithstanding the limita-
tions associated with such metrics, FY 2018 refected a high level of activity by the Division
of Enforcement. The Commission brought 821 actions (490 of which were “stand alone”
actions) and obtained judgments and orders totaling more than $3.9 billion in disgorgement
and penalties. Signifcantly, it also returned $794 million to harmed investors, suspended
trading in the securities of 280 companies, and obtained nearly 550 bars and suspensions.
By these raw metrics, our overall results improved compared to FY 2017.
These results were achieved despite signifcant challenges. For one, our personnel resources
are down. Due to budgetary constraints, we have lost many of our contracted legal support
personnel and we have been subject to an agency-wide hiring freeze, limiting our ability to
replace employees who have departed. In addition, we have faced a number of challenging
legal decisions. The Supreme Court’s decision in Kokesh v. SEC has limited our ability to
obtain disgorgement in certain long-running frauds. With respect to matters that have already
been fled, we estimate the decision may cause us to forego up to approximately $900 mil-
lion in disgorgement, of which a substantial amount likely could have been returned to retail
investors. And a successful constitutional challenge to the appointment of the Commission’s
administrative law judges in the Lucia v. SEC Supreme Court case has required the Division
to divert substantial trial and other resources to older matters, many of which had been sub-
stantially resolved prior to the decision.
The totality and effectiveness of our efforts in the face of these challenges is a testament to the
dedication of the women and men of the Division of Enforcement. As a result of their efforts,
during the past fscal year, the Division of Enforcement has been successful in its mission. We
look forward to continued success in FY 2019 and beyond.
Sincerely,
INTRODUCTION
The Division of Enforcement is responsible for civil enforcement of the federal securities laws.
Each year, the SEC brings hundreds of actions against individuals and entities and secures
remedies that protect investors by punishing misconduct, deterring wrongdoing, removing
bad actors from our markets, and, where possible, compensating harmed investors. These
efforts are a critical component of the SEC’s mission to protect investors and maintain conf-
dence in the fairness and integrity of U.S. markets.
The Division’s work is guided by fve core principles: (1) focus on the Main Street investor;
(2) focus on individual accountability; (3) keep pace with technological change; (4) impose
remedies that most effectively further enforcement goals; and (5) constantly assess the alloca-
tion of our resources. As detailed below, Enforcement staff’s focus on these key principles led
to a number of noteworthy initiatives, cases, and other achievements in FY 2018, all of which
were accomplished in the face of resource constraints and a challenging legal landscape for
the Commission’s enforcement program.
INITIATIVES
The Division of Enforcement covers broad ground. The SEC oversees approximately $90
trillion in annual securities trading, the disclosures of approximately 4,300 exchange-listed
public companies valued at approximately $32 trillion, and the activities of over 27,000
registered entities and self-regulatory organizations. At the close of FY 2017, the Division
took steps to focus additional resources on two key priority areas: protecting retail inves-
tors and combating cyber threats. The Division also announced an important new initiative
designed to focus on misconduct that occurs in the interactions between investment profes-
sionals and their clients.
The Division’s Retail Strategy Task Force (RSTF), which was formed in FY 2018, has made
signifcant contributions to the Division’s retail focus. During FY 2018, the RSTF undertook
a number of lead-generation initiatives built on the use of data analytics. All of the RSTF
lead-generation initiatives involve collaboration with data analytics groups located through-
out the Commission, including the Division of Economic and Risk Analysis (DERA) and the
Offce of Compliance Inspections and Examinations (OCIE). These initiatives involve several
important issues impacting retail investors, including: disclosures concerning fees and expens-
es and conficts of interest for managed accounts; market manipulations; and fraud involving
unregistered offerings.
7 | U.S. SECURITIES AND EXCHANGE COMMISSION
Additionally, in partnership with the Division’s Cyber Unit and Microcap Fraud Task Force,
as well as the Division of Corporation Finance’s Digital Asset Working Group, the RSTF has
launched a lead-generation and referral initiative involving trading suspensions related to
companies that purport to be in the cryptocurrency and distributed ledger technology space.
The SEC was active in policing cyber-related misconduct in FY 2018. For instance, at the end
of FY 2018, the SEC brought settled proceedings against an Iowa-based broker-dealer and
investment adviser related to its failures in cybersecurity policies and procedures surround-
ing a cyber intrusion that compromised personal information of thousands of its customers,
in violation of Regulations S-P and S-ID. This was the SEC’s frst action charging violations
of Regulation S-ID, known as the Identity Theft Red Flags Rule, which is designed to protect
customers from the risk of identity theft.1 The SEC also brought charges against a second
defendant in connection with a scheme to allegedly manipulate the price of Fitbit securities
through false regulatory flings.2 And, the SEC charged a day trader with allegedly participat-
ing in a scheme to access the brokerage accounts of more than 100 unwitting victims and
make unauthorized trades to artifcially infate the stock prices of various companies.3
The Enforcement Division recognizes the need to balance its mission to protect investors from
the risk posed by fraud and registration violations against the risk of stifing innovation and
legitimate capital formation.4 Generally, the Division’s approach to ICOs and digital assets
has taken the following forms:
• The Division has used public statements to send messages to the ICO and digital asset market-
place on issues such as the potentially unlawful promotion of ICOs by celebrities and others,5
and the risks associated with online trading platforms for digital assets.6
• When warranted, the Division has recommended enforcement actions to the Commission in
matters involving ICOs. As of the close of FY 2018, the SEC had brought over a dozen stand
alone enforcement actions involving digital assets and ICOs.7 While many of these cases have
involved allegations of fraud, the Division also has pursued enforcement actions to ensure com-
pliance with the registration requirements of the federal securities laws.8 In the past year, the
DIVISION OF ENFORCEMENT ANNUAL REPORT | 8
Division has opened dozens of investigations involving ICOs and digital assets, many of which
were ongoing at the close of FY 2018.
• The Division’s focus also extends beyond the issuers of ICOs. In FY 2018, the Commission
announced a settled order against two individuals who ran a self-described “ICO Superstore”
that operated as an unregistered broker-dealer and participated in unregistered offerings.9
On the same day, the Commission fled a settled action against a hedge fund manager that
violated an investment company registration provision based on its investments in digital as-
sets.10
• The Division also has recommended that the Commission use its trading suspension authority
to prevent investors from being harmed by possible scams. In both FY 2017 and FY 2018, the
Commission suspended trading in the stock of over a dozen publicly traded issuers because of
questions concerning, among other things, the accuracy of assertions regarding their invest-
ments in ICOs and operation of cryptocurrency platforms.11
The Commission has brought more than 15 enforcement matters involving share class disclo-
sures in just the last fve years and OCIE has continued to make such disclosures a priority in
its exams and public statements.14 Despite these efforts, disclosure failures persist. Indeed, at
the time the Initiative was announced, the Division had close to a dozen ongoing investiga-
tions—which, on average, take nearly two years to complete—relating to these practices.
In an attempt to address this continuing problem, the Division launched the Share Class
Selection Disclosure Initiative in FY 2018. The Initiative is a voluntary program for invest-
ment advisers to self-report to the Commission their failures to disclose their fnancial
conficts of interest relating to compensation they received in the form of 12b-1 fees.15 The
Initiative has two goals: (1) ensuring that these conficts are adequately disclosed to investors;
and (2) getting money back into the pockets of investors as quickly and effciently as possible.
9 | U.S. SECURITIES AND EXCHANGE COMMISSION
For those who self-reported by the deadline and satisfy the requirements of the Initiative,
the Enforcement Division will recommend to the Commission settlements with standardized
terms that include antifraud charges and an agreement to pay disgorgement to harmed inves-
tors. In an effort to incentivize participation in the Initiative, the Enforcement Division stated
that it would recommend that the Commission not impose a penalty against those partici-
pating in the Initiative. We believe that by pursuing this Initiative, we will identify, address,
and remediate many more violations—and will do so much more quickly—than if we had
continued to pursue these violations on a case-by-case basis.
• 490 were “stand alone” actions brought in federal court or as administrative proceedings;
• 210 were “follow-on” proceedings seeking bars based on the outcome of Commission actions
or actions by criminal authorities or other regulators; and
• 121 were proceedings to deregister public companies—typically microcap issuers—that
were delinquent in their Commission flings.
As we noted in last year’s report, cases brought in connection with certain initiatives—such
as the Commission’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative,16
which ran from FY 2015 to FY 2016—can skew the results for a particular year. Accordingly,
the tables below present the results over the past four fscal years, both with and without the
stand alone actions attributable to the MCDC Initiative:
As the below chart refects, the number of stand alone enforcement actions brought in FY
2018 increased from the prior year.
1000
800
600
400
200
0
FY2018 FY2017 FY2016 FY2015
Types of Cases
As the below chart illustrates, a signifcant number of the Commission’s 490 stand alone cases
in FY 2018 concerned securities offerings (approximately 25%), investment advisory issues
(approximately 22%), and issuer reporting/accounting and auditing (approximately 16%).
The Commission also continued to bring actions relating to broker-dealer misconduct (13%),
insider trading (10%), and market manipulation (7%).
Securities Offering
Broker Dealer
Insider Trading
Market Manipulation
Public Finance
Miscellaneous
Transfer Agent
2018
NRSRO 2017
SRO/Exchange
A breakdown of the number and percentage of the types of actions brought in FY 2018 and
FY 2017 is in the attached appendix.
11 | U.S. SECURITIES AND EXCHANGE COMMISSION
A signifcant portion of the total funds distributed in FY 2018 ($474 million) came from one
Fair Fund—a distribution from the BP p.l.c. fund. The balance of the funds distributed in
FY 2018 ($320 million) came from 46 other distribution funds comprised of 25 Fair Funds
($171 million) and 21 Disgorgement Funds ($149 million).
As the below table demonstrates, the fve percent of cases that involve the largest fnan-
cial remedies account for the majority of all fnancial remedies the Commission obtains.
Yet the remaining 95% of cases not only constitute the bulk of the Enforcement Division’s
overall activity, but also address the broadest array of conduct.
The Supreme Court’s 2017 decision in Kokesh v. SEC,18 in which the Court held that Com-
mission claims for disgorgement are subject to a fve-year statute of limitations, continues to
have a signifcant effect on the Commission’s efforts to obtain disgorgement. With respect to
matters that have already been fled, the Division of Enforcement estimates that the court’s
ruling in Kokesh may cause the Commission to forgo up to approximately $900 million in dis-
gorgement, of which a substantial amount likely could have been returned to retail investors.
Individual Accountability
Individual accountability is critical to an effective enforcement program and is one of the core
principles of the Division of Enforcement. In FY 2018, 72% of the Commission’s stand alone
actions involved charges against one or more individuals, approximately the same percentage
as in FY 2017 (73%). Many of the individuals charged in FY 2018 include senior offcers at
prominent issuers and other public fgures, including the CEOs of Tesla Inc.19 and Theranos
Inc,20 the former CEO of Seaworld Entertainment Inc.,21 a U.S. Congressman,22 the former
CEOs and CFOs of Walgreens Boots Alliance Inc.23 and Rio Tinto p.l.c.,24 and a professional
football player.25
The Division also has sought to penalize individuals and require them to pay back illegal
gains. In FY 2018, the Commission obtained judgments or orders for disgorgement and/or
penalties from over 500 individuals, representing an increase of 9% over FY 2017.
Relief Obtained
In every enforcement action, the Division seeks appropriately tailored remedies that further
enforcement goals. In addition to disgorgement and penalties, there are a wide array of
potential remedies available. In each case, the Division seeks those remedies that will be the
most meaningful.
Undertakings
One of the most effective forms of equitable relief in Commission enforcement actions are
undertakings, which require a defendant to take affrmative steps—either in conjunction with
entry of the order or in the future—in order to come into and remain in compliance with
the specifc terms of the court’s order. The Commission also has authority to impose similar
obligations on respondents in administrative and cease-and-desist proceedings.
While the Division has regularly employed undertakings in its settlement recommendations to
the Commission, in FY 2018 it employed this remedial tool in novel ways in two signifcant
matters.
• First, the Commission charged Theranos, Inc., a private company, and its founder and
CEO with raising more than $700 million from investors in an elaborate, years-long
scheme involving exaggerated claims about the company’s technology, business, and fnan-
cial performance.26 One of the most important elements of the Commission’s settlement
with the CEO were undertakings that (1) required her to relinquish her voting control
over Theranos by converting her supermajority shares to common shares, and (2) guar-
anteed that in a future sale or other liquidation event, the CEO would not proft from her
ownership stake in the company until $750 million had been returned to other Theranos
13 | U.S. SECURITIES AND EXCHANGE COMMISSION
investors.27 The relief embodied in these undertakings addressed a situation where, be-
cause of the capital structure of the company, the CEO had nearly complete control of the
company. The undertakings were designed to protect investors from potential misuse of
that controlling position going forward.
• The Commission also charged the Chairman and CEO of Tesla, Inc. with securities
fraud for tweeting a series of false and misleading statements about his plan to take Tesla
private.28 The Commission also charged Tesla with failing to maintain disclosure controls
and procedures with respect to the CEO’s communications.29 To settle the SEC actions, the
CEO and Tesla agreed not only to pay signifcant penalties, but also to a set of compre-
hensive undertakings that require, among other things, (1) the CEO to resign as Chairman
and be replaced by an independent Chairman, (2) Tesla to add two independent directors
to its board, (3) Tesla to establish a committee of independent directors and adopt manda-
tory controls and procedures to oversee the CEO’s public communications about the com-
pany, and (4) Tesla to employ within its legal department an experienced securities counsel
to advise on disclosure issues. 30 These undertakings addressed specifc risks—in this case,
the potential harm to investors caused by the CEO’s communication practices and a lack
of suffcient oversight and control of those communications.
Enforcement actions resulted in nearly 550 bars and suspensions of wrongdoers in FY 2018.
Trading Suspensions
Under the federal securities laws, the Commission may suspend trading in a stock for 10 days
and generally prohibit a broker-dealer from soliciting investors to buy or sell the stock again
until certain reporting requirements are met. In FY 2018, the Commission suspended trading
in the securities of 280 issuers in order to combat potential market manipulation and micro-
cap fraud threats to investors.
Litigation
In FY 2018, the Commission obtained favorable verdicts in three trials against four defendants
and an unfavorable verdict in one trial against one defendant. As of the close of the fscal year,
the Commission was awaiting a verdict in one completed bench trial. The number of district
court trials conducted in FY 2018 (5) is similar to the number of such trials in FY 2017 (4).
ALLOCATION OF RESOURCES
The Commission has operated under an agency-wide hiring freeze since late 2016. Conse-
quently, the Division’s employee and contractor staffng levels have decreased since the freeze
was imposed. The combined number of positions in the Division and the number of contrac-
tors supporting our investigation and litigation efforts fell by approximately 10% between
FY 2016 and FY 2018. Despite this loss, as the below chart indicates, the Division continued
to exhibit signifcant enforcement-related activity.
While this achievement is a testament to the hardworking women and men of the Division,
with more resources the SEC could focus more on individual accountability, as individuals are
more likely to litigate and the ensuing litigation is resource intensive. Moreover, additional
resources would support two key priorities of the Division: protecting retail investors and
combating cyber-related threats.
1600
180 177
121
1400 122
1200
1,344 1,393 1,440 1,431
1000
800
821 807
754 868
600
400
200
0
FY2018 FY2017 FY2016 FY2015
Enforcement Staff Contractors Total Enforcement Actions Filed
15 | U.S. SECURITIES AND EXCHANGE COMMISSION
Cyber-Related Misconduct
• The entity formerly known as Yahoo! Inc. for misleading investors by failing to disclose one of
the world’s largest data breaches in which hackers stole personal data relating to hundreds of
millions of user accounts.42
• The co-founders of a purported fnancial services start-up with allegedly orchestrating a
fraudulent ICO that raised more than $32 million from thousands of investors.43
• Titanium Blockchain Infrastructure Services Inc. and its president, a self-described “blockchain
evangelist,” for an alleged ICO fraud that raised as much as $21 million from investors in and
outside the U.S.44
• A broker-dealer and investment adviser for failures in cybersecurity policies and procedures
surrounding a cyber intrusion that compromised personal information of thousands of
customers.45
DIVISION OF ENFORCEMENT ANNUAL REPORT | 16
• An individual involved in an alleged scheme to manipulate the price of Fitbit securities through
false regulatory flings.46
• A recidivist securities law violator and his company who allegedly raised up to $15 million
from thousands of investors in an ICO by falsely promising a 13-fold proft in less than a
month.47
• A company selling digital tokens to investors to raise capital for its blockchain-based food
review service, which halted its ICO after being contacted by the Division of Enforcement and
agreed to an order in which the Commission found that its conduct constituted unregistered
securities offers and sales.48
• AriseBank and its co-founders for allegedly selling a fraudulent ICO that targeted retail
investors to fund what it claimed to be the world’s frst “decentralized bank.”49
• A former bitcoin-denominated platform and its operator with allegedly operating an
unregistered securities exchange and defrauding users of that exchange, and the operator of
the exchange with allegedly making false and misleading statements in connection with an
unregistered offering of securities.50
• Longfn Corp., its CEO, and three other affliated individuals for allegedly illegal distributions
and sales of restricted shares of Longfn Corp.51
• Two men who allegedly profted from illegal sales of stock of a company claiming to have a
blockchain-related business.52
• The founder of a company who perpetrated a fraudulent ICO to fund oil exploration and
drilling in California.53
• A hedge fund manager for violating the investment company registration provisions based on
its investments in digital assets.54
• TokenLot LLC, a self-described “ICO Superstore,” and its owners for acting as unregistered
broker-dealers.55
• An international securities dealer and its Austria-based CEO for allegedly violating the federal
securities laws in connection with security-based swaps funded with bitcoins.56
Insider Trading
• 56 individuals who allegedly misappropriated or traded unlawfully on material, nonpublic
information including:
» A corporate board member and U.S. Congressman, Christopher Collins, whose alleged
tip allowed his son and his son’s tippees to avoid losses by trading in advance of news of
negative clinical trial results.57
» An investment banker who allegedly tipped professional football player Mychael Kendricks
to trade in advance of four corporate acquisitions being advised by the investment banker’s
employer.58
» A former chief information offcer of a U.S. business unit of Equifax Inc. and a former
manager, both of whom allegedly traded in advance of the company’s September 2017
announcement of a massive data breach that exposed Social Security numbers and other
personal information of approximately 148 million U.S. customers.59
» A credit ratings analyst who allegedly misused his access to information about an impending
acquisition to tip two friends who traded ahead of the deal announcement.60
17 | U.S. SECURITIES AND EXCHANGE COMMISSION
» An investment banker who allegedly misused his access to the bank’s confdential
information to trade in advance of 12 market-moving announcements involving clients of
the bank.61
» A corporate executive who allegedly profted from trading in advance of three disappointing
earnings announcements by the Silicon Valley company that employed him.62
APPENDIX
Breakdown of Classification of Stand Alone Enforcement Actions
FY 2018 FY 2017
Market Manipulation 32 7% 41 9%
FCPA 13 3% 13 3%
Miscellaneous 3 1% 7 2%
NRSRO 2 0% 0 0%
Transfer Agent 2 0% 3 1%
SRO or Exchange 1 0% 0 0%
% of Civil
and Stand
Alone AP
% of (Excluding
Stand Alone Follow-On Total Delinquent
Primary Classification Civil Actions AP AP Total Actions Filings)
Securities Offering 108 (406) 13 (57) 9 (9) 130 (472) 16% 25%
Totals 243 (720) 368 (748) 210 (218) 821 (1,686) 100% 100%
21 | U.S. SECURITIES AND EXCHANGE COMMISSION
BROKER-DEALER
In the Matter of Electronic Transaction Clearing, Inc. Stand-alone Admin. Proc. 34-82898 03/19/18
In the Matter of Wedbush Securities, Inc. Stand-alone Admin. Proc. 34-82954 03/27/18
In the Matter of JH Darbie & Co., Inc., et al. Stand-alone Admin. Proc. 34-82951 03/27/18
In the Matter of Aegis Capital Corporation Stand-alone Admin. Proc. 34-82956 03/28/18
In the Matter of Kevin McKenna, et al. Stand-alone Admin. Proc. 34-82957 03/28/18
In the Matter of Eugene Terracciano Stand-alone Admin. Proc. 34-82958 03/28/18
In the Matter of Kent Maerki Follow-on Admin. Proc. 34-82963 03/29/18
In the Matter of James Moodhe Follow-on Admin. Proc. 34-82977 04/02/18
In the Matter of Gregory John Tuthill Follow-on Admin. Proc. 34-82987 04/04/18
In the Matter of Joshua D. Mosshart Follow-on Admin. Proc. 34-82998 04/05/18
In the Matter of Troy C. Baldridge Follow-on Admin. Proc. 34-83013 04/09/18
In the Matter of Jason A. Wallace Follow-on Admin. Proc. 34-83052 04/16/18
SEC v. John Sherman Jumper, et al. Civil LR-24116 04/17/18
In the Matter of Mark P. French Follow-on Admin. Proc. 34-83078 04/20/18
In the Matter of Winning the Money Game with Ike, Inc. Follow-on Admin. Proc. 34-83110 04/26/18
In the Matter of Tobin J. Senefeld Follow-on Admin. Proc. 34-83121 04/26/18
In the Matter of David Alcorn Follow-on Admin. Proc. 34-83130 04/30/18
In the Matter of Kevin Hamilton Follow-on Admin. Proc. 34-83140 05/01/18
In the Matter of Douglas A. McClain, Jr. Follow-on Admin. Proc. 34-83151 05/02/18
In the Matter of Joseph A. Rubbo Follow-on Admin. Proc. 34-83176 05/04/18
In the Matter of Keith Houlihan Follow-on Admin. Proc. 34-83180 05/07/18
In the Matter of Paul W. Smith Follow-on Admin. Proc. 34-83178 05/07/18
In the Matter of Jason J. Lee, et al. Stand-alone Admin. Proc. 34-83212 05/10/18
In the Matter of Steven J. Dykes Follow-on Admin. Proc. 34-83215 05/11/18
In the Matter of Angela Rubbo Beckcom Monaco Follow-on Admin. Proc. 34-83234 05/15/18
In the Matter of Chardan Capital Markets, LLC Stand-alone Admin. Proc. 34-83251 05/16/18
In the Matter of Jerard Basmagy Stand-alone Admin. Proc. 34-83252 05/16/18
In the Matter of Industrial and Commercial
Bank of China Financial Services, LLC Stand-alone Admin. Proc. 34-83253 05/16/18
In the Matter of Lisa A. Esposito Follow-on Admin. Proc. 34-83291 05/21/18
In the Matter of John C. Knight Follow-on Admin. Proc. 34-83316 05/24/18
In the Matter of Emanuel Pantelakis Follow-on Admin. Proc. 34-83348 05/30/18
In the Matter of George Doumanis Follow-on Admin. Proc. 34-83358 05/31/18
In the Matter of Christopher C. Burtraw Follow-on Admin. Proc. 34-83371 06/04/18
In the Matter of Jason A. Halek Follow-on Admin. Proc. 34-83394 06/07/18
In the Matter of Merrill Lynch, Pierce,
Fenner & Smith Incorporated Stand-alone Admin. Proc. 34-83408 06/12/18
In the Matter of Joseph Mangiapane, Jr. Follow-on Admin. Proc. 34-83448 06/14/18
In the Matter of Nicholas Rubbo Follow-on Admin. Proc. 34-83460 06/19/18
In the Matter of Pasquale Rubbo Follow-on Admin. Proc. 34-83461 06/19/18
In the Matter of Merrill Lynch, Pierce,
Fenner & Smith Incorporated Stand-alone Admin. Proc. 33-10507 06/19/18
In the Matter of Wells Fargo Advisors, LLC Stand-alone Admin. Proc. 33-10511 06/25/18
In the Matter of Jon B. Schmidhammer Follow-on Admin. Proc. 34-83552 06/28/18
In the Matter of Bayes Capital, LLC Stand-alone Admin. Proc. 34-83556 06/28/18
In the Matter of Alexander Capital, L.P. Stand-alone Admin. Proc. 34-83562 06/29/18
In the Matter of Philip A. Noto, II Stand-alone Admin. Proc. 34-83563 06/29/18
In the Matter of Barry T. Eisenberg Stand-alone Admin. Proc. 34-83564 06/29/18
In the Matter of Cantor Fitzgerald & Co. Stand-alone Admin. Proc. 34-83565 06/29/18
SEC v. Adam Mattessich, et al. Civil LR-24179 06/29/18
SEC v. Charles Schwab & Co., Inc. Civil LR-24189 07/02/18
In the Matter of Daniel Burgess Follow-on Admin. Proc. 34-83598 07/06/18
In the Matter of Andrew B. Calhoun, IV Follow-on Admin. Proc. 34-83605 07/09/18
In the Matter of Andrew B. Calhoun, Jr. Follow-on Admin. Proc. 34-83606 07/09/18
In the Matter of James M. Unger Follow-on Admin. Proc. 34-83652 07/17/18
In the Matter of Koorosh "Danny" Rahimi Follow-on Admin. Proc. 34-83657 07/17/18
23 | U.S. SECURITIES AND EXCHANGE COMMISSION
In the Matter of BGC Financial, L.P. Stand-alone Admin. Proc. 34-83650 07/17/18
In the Matter of Jefferey A. Gordon Follow-on Admin. Proc. 34-83684 07/20/18
In the Matter of Deutsche Bank Trust
Company Americas Stand-alone Admin. Proc. 33-10523 07/20/18
In the Matter of Deutsche Bank Securities, Inc. Stand-alone Admin. Proc. 34-83677 07/20/18
In the Matter of Sycamore Lane Partners, LLC Stand-alone Admin. Proc. 34-83686 07/23/18
In the Matter of Mizuho Securities USA, LLC Stand-alone Admin. Proc. 34-83685 07/23/18
In the Matter of Richard T. Cunniffe Follow-on Admin. Proc. 34-83688 07/23/18
In the Matter of Melanie Ryan Stand-alone Admin. Proc. 33-10524 07/24/18
In the Matter of Brandon T. Neff Stand-alone Admin. Proc. 34-83754 07/31/18
In the Matter of William Z. McFarland Follow-on Admin. Proc. 34-83773 08/03/18
SEC v. Salvadore D. Palermo Civil LR-24229 08/06/18
In the Matter of Gregory G. Young Stand-alone Admin. Proc. 34-83779 08/06/18
In the Matter of Steve Bailen Follow-on Admin. Proc. 34-83801 08/08/18
In the Matter of William Paul Hamilton Follow-on Admin. Proc. 34-83802 08/08/18
In the Matter of Paula Saccomanno Follow-on Admin. Proc. 34-83803 08/08/18
In the Matter of Dennis Swerdlen Follow-on Admin. Proc. 34-83804 08/08/18
In the Matter of Citigroup Global Markets, Inc., et al. Stand-alone Admin. Proc. 34-83859 08/16/18
In the Matter of Jeffrey Scott Davis Follow-on Admin. Proc. 34-83899 08/22/18
In the Matter of Core Performance Management, LLC Follow-on Admin. Proc. 34-83902 08/22/18
In the Matter of Deborah B. Dora Follow-on Admin. Proc. 34-83906 08/22/18
In the Matter of Sharlene F. Mesite Follow-on Admin. Proc. 34-83905 08/22/18
In the Matter of Anadel R. Pinzon Follow-on Admin. Proc. 34-83903 08/22/18
In the Matter of James P. Scherr Follow-on Admin. Proc. 34-83901 08/22/18
In the Matter of James J. O'Neil Follow-on Admin. Proc. 34-83930 08/23/18
In the Matter of Lynette M. Robbins Follow-on Admin. Proc. 34-83957 08/27/18
In the Matter of Chad Anthony Lewis Follow-on Admin. Proc. 34-83981 08/29/18
In the Matter of Bruce A. Broekhuizen Follow-on Admin. Proc. 34-84014 08/31/18
In the Matter of Neil P. Kelly Follow-on Admin. Proc. 34-84016 08/31/18
In the Matter of John M. Kirschenbaum Follow-on Admin. Proc. 34-84015 08/31/18
In the Matter of RMR Asset Management Company Follow-on Admin. Proc. 34-84028 09/04/18
In the Matter of Douglas J. Derryberry Follow-on Admin. Proc. 34-84025 09/04/18
In the Matter of David R. Frost Follow-on Admin. Proc. 34-84030 09/04/18
In the Matter of David S. Luttbeg Follow-on Admin. Proc. 34-84018 09/04/18
In the Matter of Timothy J. McAloon Follow-on Admin. Proc. 34-84026 09/04/18
In the Matter of Ralph M. Riccardi Follow-on Admin. Proc. 34-84029 09/04/18
In the Matter of Dewey T. Tran Follow-on Admin. Proc. 34-84027 09/04/18
In the Matter of Philip A. Weiner Follow-on Admin. Proc. 34-84019 09/04/18
In the Matter of Mark Morrow Follow-on Admin. Proc. 34-84042 09/05/18
SEC v. Jeffrey Goldman, et al. Civil LR-24257 09/05/18
SEC v. Emil Botvinnik Civil LR-24277 09/07/18
SEC v. Jovannie Aquino Civil LR-24277 09/07/18
In the Matter of Cadaret, Grant & Co., Inc., et al. Stand-alone Admin. Proc. 33-10542 09/11/18
In the Matter of TokenLot, LLC, et al. Stand-alone Admin. Proc. 33-10543 09/11/18
SEC v. Michael A. Bressman Civil LR-24300 09/12/18
In the Matter of Convergex Execution Solution, LLC,
n/k/a Cowen Execution Services, LLC Stand-alone Admin. Proc. 34-84116 09/13/18
In the Matter of Citigroup Global Markets, Inc., et al. Stand-alone Admin. Proc. 33-10545 09/14/18
In the Matter of John L. Gathright, Jr. Follow-on Admin. Proc. 34-84163 09/17/18
In the Matter of Jennifer R. Johnson Follow-on Admin. Proc. 34-84181 09/18/18
In the Matter of Susan E. Walker Follow-on Admin. Proc. 34-84182 09/18/18
In the Matter of Allan Michael Roth Follow-on Admin. Proc. 34-84201 09/19/18
In the Matter of Travis A. Branch Follow-on Admin. Proc. 34-84199 09/19/18
In the Matter of David Howard Welch Follow-on Admin. Proc. 34-84234 09/20/18
DIVISION OF ENFORCEMENT ANNUAL REPORT | 24
In the Matter of Marc Jay Bryant Follow-on Admin. Proc. 34-84235 09/20/18
In the Matter of Joel N. Burstein Follow-on Admin. Proc. 34-84226 09/20/18
In the Matter of TD Ameritrade, Inc. Stand-alone Admin. Proc. 34-84269 09/24/18
In the Matter of Mary A. Faher Follow-on Admin. Proc. 34-84271 09/24/18
In the Matter of Shawn K. Dicken Follow-on Admin. Proc. 34-84272 09/24/18
In the Matter of Cory Ryan Williams Follow-on Admin. Proc. 34-84268 09/24/18
SEC v. Adam Rentzer Civil LR-24286 09/24/18
SEC v. John Gregory Schmidt Civil LR-24287 09/25/18
In the Matter of SG Americas Securities, LLC Stand-alone Admin. Proc. 33-10560 09/25/18
In the Matter of Voya Financial Advisors, Inc. Stand-alone Admin. Proc. 34-84288 09/26/18
In the Matter of Stephen Romo Follow-on Admin. Proc. 34-84318 09/28/18
In the Matter of John Montague Follow-on Admin. Proc. 34-84310 09/28/18
In the Matter of Paul Katsaros Follow-on Admin. Proc. 34-84306 09/28/18
In the Matter of John Wolle Follow-on Admin. Proc. 34-84316 09/28/18
In the Matter of Credit Suisse Securities (USA), LLC Stand-alone Admin. Proc. 33-10565 09/28/18
In the Matter of COR Clearing, LLC Stand-alone Admin. Proc. 34-84309 09/28/18
DELINQUENT FILINGS
In the Matter of Global Digital Solutions, Inc. Stand-alone Admin. Proc. 34-82404 12/26/17
In the Matter of American Nano Silicon
Technologies, Inc., et al. Stand-alone Admin. Proc. 34-82412 12/27/17
In the Matter of Abakan, Inc., et al. Stand-alone Admin. Proc. 34-82419 12/28/17
In the Matter of Blacksands Petroleum, Inc., et al. Stand-alone Admin. Proc. 34-82463 01/08/18
In the Matter of Ambicon Holdings, Inc., et al. Stand-alone Admin. Proc. 34-82507 01/17/18
In the Matter of Altona Resources, Inc., et al. Stand-alone Admin. Proc. 34-82527 01/18/18
In the Matter of EMRISE Corp. Stand-alone Admin. Proc. 34-82536 01/18/18
In the Matter of Canwealth Minerals Corp., et al. Stand-alone Admin. Proc. 34-82610 02/01/18
In the Matter of California Mines Corp., et al. Stand-alone Admin. Proc. 34-82639 02/06/18
In the Matter of Affirmative Insurance Holdings, Inc., et al. Stand-alone Admin. Proc. 34-82762 02/22/18
In the Matter of New Global Energy, Inc Stand-alone Admin. Proc. 34-82893 03/16/18
In the Matter of NextGlass Technologies Corporation Stand-alone Admin. Proc. 34-82986 04/03/18
In the Matter of MarilynJean Interactive, Inc. Stand-alone Admin. Proc. 34-83087 04/23/18
In the Matter of Oriental Dragon Corp. Stand-alone Admin. Proc. 34-83099 04/25/18
In the Matter of Revolutionary Concepts, Inc. Stand-alone Admin. Proc. 34-83136 04/30/18
In the Matter of Universal Bioenergy, Inc. Stand-alone Admin. Proc. 34-83135 04/30/18
In the Matter of Baltia Air Lines, Inc., et al. Stand-alone Admin. Proc. 34-83184 05/07/18
In the Matter of Content Checked Holdings, Inc., et al. Stand-alone Admin. Proc. 34-83189 05/08/18
In the Matter of Grey Fox Holdings Corp.
(f/k/a Gray Fox Petroleum Corp.), et al. Stand-alone Admin. Proc. 34-83232 05/14/18
In the Matter of Sonora Resources Corp. Stand-alone Admin. Proc. 34-83249 05/15/18
In the Matter of Hedgebrook, et al. Stand-alone Admin. Proc. 34-83245 05/15/18
In the Matter of Solaris Power Cells, Inc., et. al. Stand-alone Admin. Proc. 34-83262 05/16/18
In the Matter of America Greener Technologies, Inc., et al. Stand-alone Admin. Proc. 34-83264 05/16/18
In the Matter of Apptigo International, Inc., et al. Stand-alone Admin. Proc. 34-83285 05/17/18
In the Matter of Play La, Inc., et al. Stand-alone Admin. Proc. 34-83281 05/17/18
In the Matter of Green Parts International, Inc., et al. Stand-alone Admin. Proc. 34-83299 05/21/18
In the Matter of COPsync, Inc., et al. Stand-alone Admin. Proc. 34-83297 05/21/18
In the Matter of Solo International, Inc., et al. Stand-alone Admin. Proc. 34-83312 05/23/18
In the Matter of Mullan Agritech, Inc., et al. Stand-alone Admin. Proc. 34-83314 05/23/18
In the Matter of Mass Hysteria Entertainment
Company, Inc., et al. Stand-alone Admin. Proc. 34-83327 05/24/18
In the Matter of Radiant Oil & Gas, Inc., et al. Stand-alone Admin. Proc. 34-83329 05/24/18
In the Matter of Fern Holdings Corp., et al. Stand-alone Admin. Proc. 34-83373 06/04/18
25 | U.S. SECURITIES AND EXCHANGE COMMISSION
In the Matter of Escalera Resources Co., Inc., et al. Stand-alone Admin. Proc. 34-83470 06/19/18
In the Matter of FuelNation, Inc., et al. Stand-alone Admin. Proc. 34-83487 06/20/18
In the Matter of Development Capital Group, Inc., et al. Stand-alone Admin. Proc. 34-83488 06/20/18
In the Matter of Inner Systems, Inc., et al. Stand-alone Admin. Proc. 34-83921 08/23/18
In the Matter of Gepco, Ltd., et al. Stand-alone Admin. Proc. 34-83920 08/23/18
In the Matter of American Standard Energy Corp., et al. Stand-alone Admin. Proc. 34-83922 08/23/18
In the Matter of Kvintess F&DI Holdings Corp., et al. Stand-alone Admin. Proc. 34-83924 08/23/18
In the Matter of Forum Acquisitions I, Inc., et al. Stand-alone Admin. Proc. 34-83931 08/24/18
In the Matter of Lightstone Technologies, Inc., et al. Stand-alone Admin. Proc. 34-83932 08/24/18
In the Matter of RS Soda Holdings, Inc., et al. Stand-alone Admin. Proc. 34-83933 08/24/18
In the Matter of Cellular Concrete
Technologies, Inc., et al. Stand-alone Admin. Proc. 34-83942 08/24/18
In the Matter of EBHI Holdings, Inc., et al. Stand-alone Admin. Proc. 34-83943 08/24/18
In the Matter of Central Park Acquisition I, Inc., et al. Stand-alone Admin. Proc. 34-83946 08/24/18
In the Matter of Fig Run Acquisition Corporation, et al. Stand-alone Admin. Proc. 34-83939 08/24/18
In the Matter of Middle Kingdom Resources, Ltd., et al. Stand-alone Admin. Proc. 34-83945 08/24/18
In the Matter of Media Group 2000, Inc., et al. Stand-alone Admin. Proc. 34-83944 08/24/18
In the Matter of Rio Bravo Oil, Inc., et al. Stand-alone Admin. Proc. 34-83963 08/27/18
In the Matter of Micra Soundcards, Inc., et al. Stand-alone Admin. Proc. 34-83962 08/27/18
In the Matter of IDO Security, Inc., et al. Stand-alone Admin. Proc. 34-83977 08/28/18
In the Matter of Great Wall Builders, Ltd., et al. Stand-alone Admin. Proc. 34-83980 08/28/18
In the Matter of Equilar Capital Corp., et al. Stand-alone Admin. Proc. 34-83978 08/28/18
In the Matter of Manna Capital, Inc., et al. Stand-alone Admin. Proc. 34-83985 08/29/18
In the Matter of Makism 3D Corp., et al. Stand-alone Admin. Proc. 34-83989 08/29/18
In the Matter of Rotoblock Corporation, et al. Stand-alone Admin. Proc. 34-83991 08/29/18
In the Matter of Gaming Ventures PLC, et al. Stand-alone Admin. Proc. 34-83984 08/29/18
In the Matter of Amonra Omnia, Inc., et al. Stand-alone Admin. Proc. 34-84006 08/30/18
In the Matter of Everyday Assembly
Productions, Inc., et al. Stand-alone Admin. Proc. 34-84007 08/30/18
In the Matter of Americas Wind Energy Corporation, et al. Stand-alone Admin. Proc. 34-84008 08/30/18
In the Matter of AlphaMetrix Managed Futures, LLC, et al. Stand-alone Admin. Proc. 34-84005 08/30/18
In the Matter of American First Financial, Inc., et al. Stand-alone Admin. Proc. 34-84041 09/05/18
In the Matter of Alterrus Systems, Inc., et al. Stand-alone Admin. Proc. 34-84040 09/05/18
In the Matter of Allied American Steel Corp., et al. Stand-alone Admin. Proc. 34-84039 09/05/18
In the Matter of Petron Energy II, Inc., et al. Stand-alone Admin. Proc. 34-84052 09/06/18
In the Matter of ScanSys, Inc., et al. Stand-alone Admin. Proc. 34-84048 09/06/18
In the Matter of Nutrastar International, Inc. Stand-alone Admin. Proc. 34-84050 09/06/18
In the Matter of CrossClick Media, Inc., et al. Stand-alone Admin. Proc. 34-84067 09/07/18
In the Matter of China Health Resource, Inc., et al. Stand-alone Admin. Proc. 34-84059 09/07/18
In the Matter of American Locker Group, Inc., et al. Stand-alone Admin. Proc. 34-84064 09/07/18
In the Matter of Fuel Performance Solutions, Inc., et al. Stand-alone Admin. Proc. 34-84061 09/07/18
In the Matter of The Buck A Day Co., Inc., et al. Stand-alone Admin. Proc. 34-84066 09/07/18
In the Matter of Bitzio, Inc., et al. Stand-alone Admin. Proc. 34-84070 09/10/18
In the Matter of EMAV Holdings, Inc., et al. Stand-alone Admin. Proc. 34-84072 09/10/18
In the Matter of Endeavor IP, Inc., et al. Stand-alone Admin. Proc. 34-84080 09/11/18
In the Matter of Crailar Technologies, Inc., et al. Stand-alone Admin. Proc. 34-84086 09/11/18
In the Matter of Golden Global Corp., et al. Stand-alone Admin. Proc. 34-84084 09/11/18
In the Matter of Fastfunds Financial Corporation, et al. Stand-alone Admin. Proc. 34-84082 09/11/18
In the Matter of AFH Acquisition VI, Inc., et al. Stand-alone Admin. Proc. 34-84095 09/12/18
In the Matter of FalconTarget, Inc., et al. Stand-alone Admin. Proc. 34-84091 09/12/18
In the Matter of Golden Pig Ventures, Inc., et al. Stand-alone Admin. Proc. 34-84092 09/12/18
In the Matter of Acquarius Cannibas, Inc., et al. Stand-alone Admin. Proc. 34-84102 09/12/18
In the Matter of Royal B.Y. Investment
Management, LLC., et al. Stand-alone Admin. Proc. 34-84088 09/12/18
DIVISION OF ENFORCEMENT ANNUAL REPORT | 26
In the Matter of Eco-Trade Corp., et al. Stand-alone Admin. Proc. 34-84094 09/12/18
In the Matter of American Natural Energy Corp., et al. Stand-alone Admin. Proc. 34-84096 09/12/18
In the Matter of CPI Corp., et al. Stand-alone Admin. Proc. 34-84090 09/12/18
In the Matter of Stonewall Financial, Ltd., et al. Stand-alone Admin. Proc. 34-84101 09/12/18
In the Matter of Munro Developments, Inc., et al. Stand-alone Admin. Proc. 34-84104 09/12/18
In the Matter of MedPro Safety Products, Inc., et al. Stand-alone Admin. Proc. 34-84121 09/13/18
In the Matter of AFS Holdings, Inc., et al. Stand-alone Admin. Proc. 34-84110 09/13/18
In the Matter of Montbriar, Inc., et al. Stand-alone Admin. Proc. 34-84112 09/13/18
In the Matter of Geo Reserve Corp., et al. Stand-alone Admin. Proc. 34-84111 09/13/18
In the Matter of Ournett Holdings, Inc., et al. Stand-alone Admin. Proc. 34-84119 09/13/18
In the Matter of Position, Inc., et al. Stand-alone Admin. Proc. 34-84109 09/13/18
In the Matter of AMI James Brands, Inc., et al. Stand-alone Admin. Proc. 34-84173 09/17/18
In the Matter of First Liberty Power Corp., et al. Stand-alone Admin. Proc. 34-84169 09/17/18
In the Matter of ColorStars Group, et al. Stand-alone Admin. Proc. 34-84171 09/17/18
In the Matter of Ampal-American Israel Corporation, et al. Stand-alone Admin. Proc. 34-84178 09/17/18
In the Matter of Avant Diagnostics, Inc., et al. Stand-alone Admin. Proc. 34-84188 09/18/18
In the Matter of China Ginseng Holdings, Inc., et al. Stand-alone Admin. Proc. 34-84190 09/18/18
In the Matter of Swissinso Holding, Inc., et al. Stand-alone Admin. Proc. 34-84184 09/18/18
In the Matter of Epic Stores Corp., et al. Stand-alone Admin. Proc. 34-84186 09/18/18
In the Matter of Entourage Mining, Ltd., et al. Stand-alone Admin. Proc. 34-84193 09/18/18
In the Matter of GSM Group, Inc. Stand-alone Admin. Proc. 34-84211 09/19/18
In the Matter of Bahamas Concierge, Inc., et al. Stand-alone Admin. Proc. 34-84212 09/19/18
In the Matter of Colorado Goldfields, Inc., et al. Stand-alone Admin. Proc. 34-84220 09/19/18
In the Matter of American Petro-Hunter, Inc., et al. Stand-alone Admin. Proc. 34-84218 09/19/18
In the Matter of Coupon Express, Inc., et al. Stand-alone Admin. Proc. 34-84223 09/19/18
In the Matter of American Sands Energy Corp., et al. Stand-alone Admin. Proc. 34-84216 09/19/18
In the Matter of Cybergy Holdings, Inc., et al. Stand-alone Admin. Proc. 34-84249 09/20/18
In the Matter of Petrosonic Energy, Inc., et al. Stand-alone Admin. Proc. 34-84240 09/20/18
In the Matter of Ceelox, Inc., et al. Stand-alone Admin. Proc. 34-84243 09/20/18
In the Matter of Anpulo Food Development, Inc., et al. Stand-alone Admin. Proc. 34-84245 09/20/18
In the Matter of GeneSYS ID, Inc., et al. Stand-alone Admin. Proc. 34-84242 09/20/18
In the Matter of Appian, Inc., et al. Stand-alone Admin. Proc. 34-84228 09/20/18
In the Matter of Be Industries, Inc., et al. Stand-alone Admin. Proc. 34-84250 09/20/18
In the Matter of MaryJane Group, Inc., et al. Stand-alone Admin. Proc. 34-84267 09/21/18
In the Matter of Golden Claw Ventures, Inc., et al. Stand-alone Admin. Proc. 34-84265 09/21/18
In the Matter of Scrap China Corp., et al. Stand-alone Admin. Proc. 34-84253 09/21/18
In the Matter of United Development Funding III, LP, et al. Stand-alone Admin. Proc. 34-84273 09/24/18
In the Matter of Oakridge Global Energy Solutions, Inc. Stand-alone Admin. Proc. 34-84301 09/27/18
In the Matter of Elbit Imaging, Ltd. Stand-alone Admin. Proc. 34-82849 03/09/18
In the Matter of Kinross Gold Corporation Stand-alone Admin. Proc. 34-82946 03/26/18
In the Matter of The Dun & Bradstreet Corporation Stand-alone Admin. Proc. 34-83088 04/23/18
In the Matter of Panasonic Corporation Stand-alone Admin. Proc. 34-83128 04/30/18
In the Matter of Beam, Inc., n/k/a Beam Suntory, Inc. Stand-alone Admin. Proc. 34-83575 07/02/18
In the Matter of Credit Suisse Group AG Stand-alone Admin. Proc. 34-83593 07/05/18
In the Matter of Legg Mason, Inc. Stand-alone Admin. Proc. 34-83948 08/27/18
In the Matter of Sanofi Stand-alone Admin. Proc. 34-84017 09/04/18
In the Matter of JooHyun Bahn, a/k/a Dennis Bahn Stand-alone Admin. Proc. 34-84054 09/06/18
In the Matter of United Technologies Corporation Stand-alone Admin. Proc. 34-84087 09/12/18
In the Matter of Patricio Contesse Gonzalez Stand-alone Admin. Proc. 34-84280 09/25/18
In the Matter of Petroleo Brasileiro S.A. - Petrobras Stand-alone Admin. Proc. 33-10561 09/27/18
In the Matter of Stryker Corporation Stand-alone Admin. Proc. 34-84308 09/28/18
27 | U.S. SECURITIES AND EXCHANGE COMMISSION
INSIDER TRADING
MARKET MANIPULATION
MISCELLANEOUS
In the Matter of Moody's Investors Service, Inc. Stand-alone Admin. Proc. 34-83965 08/28/18
In the Matter of Moody's Investors Service, Inc. Stand-alone Admin. Proc. 34-83966 08/28/18
SEC v. Town of Oyster Bay, New York, et al. Civil 2017-213 11/21/17
SEC v. David Webb, Jr. Civil LR-23998 12/01/17
SEC v. Malachi Financial Products, Inc., et al. Civil LR-24025 01/02/18
In the Matter of Anthony A. Stovall Stand-alone Admin. Proc. 34-82443 01/05/18
SEC v. Leonard Genova Civil LR-24059 03/01/18
In the Matter of Barcelona Strategies, LLC, et al. Stand-alone Admin. Proc. 34-83191 05/09/18
In the Matter of Nachman Aaron Troodler, Esq. Follow-on Admin. Proc. 34-83399 06/08/18
In the Matter of Malachi Financial Products, Inc. Follow-on Admin. Proc. 34-83607 07/09/18
In the Matter of Porter B. Bingham Follow-on Admin. Proc. 34-83608 07/09/18
In the Matter of Sofinnova Ventures, Inc. Stand-alone Admin. Proc. IA-4958 07/10/18
In the Matter of Oaktree Capital Management, L.P. Stand-alone Admin. Proc. IA-4960 07/10/18
In the Matter of EnCap Investments L.P. Stand-alone Admin. Proc. IA-4959 07/10/18
SEC v. John A. Paulsen Civil LR-24218 07/26/18
In the Matter of Charles Kerry Morris Stand-alone Admin. Proc. 33-10529 08/14/18
SEC v. Core Performance Management, LLC, et al. Civil 2018-153 08/14/18
SEC v. RMR Asset Management Company, et al. Civil 2018-153 08/14/18
In the Matter of NW Capital Markets, Inc., et al. Stand-alone Admin. Proc. 34-83840 08/14/18
In the Matter of Eric Hall & Associates, LLC, et al. Stand-alone Admin. Proc. 34-84224 09/20/18
35 | U.S. SECURITIES AND EXCHANGE COMMISSION
SECURITIES OFFERING
SRO/EXCHANGE
In the Matter of New York Stock Exchange, LLC, et al. Stand-alone Admin. Proc. 33-10463 03/06/18
TRANSFER AGENT
Endnotes
1 https://www.sec.gov/news/press-release/2018-22.
2 https://www.sec.gov/news/press-release/2018-130. The frst defendant was charged in FY 2017.
https://www.sec.gov/news/press-release/2017-107.
3 https://www.sec.gov/news/press-release/2017-202.
4 https://www.sec.gov/news/press-release/2018-240.
5 https://www.sec.gov/news/public-statement/statement-potentially-unlawful-promotion-icos.
6 https://www.sec.gov/news/public-statement/enforcement-tm-statement-potentially-unlawful-online-
platforms-trading.
7 https://www.sec.gov/spotlight/cybersecurity-enforcement-actions (collecting cases).
8 https://www.sec.gov/news/press-release/2017-227;
https://www.sec.gov/news/press-release/2018-126; https://www.sec.gov/news/press-release/2018-61.
9 https://www.sec.gov/news/press-release/2018-185.
10 https://www.sec.gov/news/press-release/2018-186.
11 Id. (collecting trading suspensions).
12 https://www.sec.gov/news/press-release/2018-22.
13 Id. (collecting trading suspensions).
14 https://www.sec.gov/about/offices/ocie/national-examination-program-priorities-2018.pdf;
https://www.sec.gov/ocie/announcement/ocie-risk-alert-advisory-fee-expense-compliance.pdf.
15 https://www.sec.gov/enforce/announcement/scsd-initiative.
16 The MCDC Initiative was a voluntary self-reporting program that targeted material misstatements and
omissions in municipal bond offering documents. The MCDC Initiative led to a large number of
enforcement actions brought in FY 2015 and FY 2016.
17 Money ordered in FY 2018 includes In the Matter of Petroleo Brasileiro S.A. – Petrobras, AP File
No. 3-18843, Securities Exchange Act Release No. 34-84295 (Sept. 27, 2018), which orders payment
of disgorgement and prejudgment interest totaling $933,473,797 and a penalty of $853,200,000 and
provides that certain of respondent’s obligations for those amounts (all but $85,320,000) shall be
deemed satisfed if, within one year, it makes payments in related actions involving the Department of
Justice, a class action settlement fund, and Brazilian authorities.
18 137 S. Ct. 1635 (2017).
19 https://www.sec.gov/news/press-release/2018-226.
20 https://www.sec.gov/news/press-release/2018-41.
21 https://www.sec.gov/news/press-release/2018-198.
22 https://www.sec.gov/news/press-release/2018-151.
23 https://www.sec.gov/news/press-release/2018-220.
24 https://www.sec.gov/news/press-release/2017-196.
25 https://www.sec.gov/news/press-release/2018-170.
26 https://www.sec.gov/news/press-release/2018-41.
27 Id.
28 https://www.sec.gov/news/press-release/2018-219.
29 https://www.sec.gov/news/press-release/2018-226.
30 Id.
31 138 S. Ct. 2044 (2018).
32 https://www.sec.gov/news/press-release/2018-201.
33 https://www.sec.gov/news/press-release/2017-235.
34 https://www.sec.gov/news/press-release/2018-157.
35 https://www.sec.gov/news/press-release/2018-110.
36 https://www.sec.gov/news/press-release/2018-77.
39 | U.S. SECURITIES AND EXCHANGE COMMISSION
37 https://www.sec.gov/news/press-release/2018-26.
38 https://www.sec.gov/news/press-release/2018-154.
39 https://www.sec.gov/news/press-release/2018-112.
40 https://www.sec.gov/news/press-release/2018-51.
41 https://www.sec.gov/news/press-release/2018-141.
42 https://www.sec.gov/news/press-release/2018-71.
43 https://www.sec.gov/news/press-release/2018-53.
44 https://www.sec.gov/news/press-release/2018-94.
45 https://www.sec.gov/news/press-release/2018-213.
46 https://www.sec.gov/news/press-release/2018-130.
47 https://www.sec.gov/news/press-release/2017-219.
48 https://www.sec.gov/news/press-release/2017-227.
49 https://www.sec.gov/news/press-release/2018-8.
50 https://www.sec.gov/news/press-release/2018-23.
51 https://www.sec.gov/news/press-release/2018-61.
52 https://www.sec.gov/news/press-release/2018-126.
53 https://www.sec.gov/news/press-release/2018-152.
54 https://www.sec.gov/news/press-release/2018-186.
55 https://www.sec.gov/news/press-release/2018-185.
56 https://www.sec.gov/news/press-release/2018-218.
57 https://www.sec.gov/news/press-release/2018-151.
58 https://www.sec.gov/news/press-release/2018-170.
59 https://www.sec.gov/news/press-release/2018-115; https://www.sec.gov/news/press-release/2018-40.
60 https://www.sec.gov/news/press-release/2018-113.
61 https://www.sec.gov/news/press-release/2018-97.
62 https://www.sec.gov/news/press-release/2018-142.
63 https://www.sec.gov/news/press-release/2018-219.
65 https://www.sec.gov/news/press-release/2018-226.
65 https://www.sec.gov/news/press-release/2018-41.
66 https://www.sec.gov/news/press-release/2018-215.
67 https://www.sec.gov/news/press-release/2017-196.
68 https://www.sec.gov/news/press-release/2018-220.
69 https://www.sec.gov/news/press-release/2018-6.
70 https://www.sec.gov/news/press-release/2018-198.
71 https://www.sec.gov/news/press-release/2018-199.
72 https://www.sec.gov/news/press-release/2018-207.
73 https://www.sec.gov/news/press-release/2018-167.
74 https://www.sec.gov/news/press-release/2018-108.
75 https://www.sec.gov/news/press-release/2018-73.
76 https://www.sec.gov/news/press-release/2018-169.
77 https://www.sec.gov/news/press-release/2018-168.
78 https://www.sec.gov/news/press-release/2018-153.
79 https://www.sec.gov/news/press-release/2018-35.
80 https://www.sec.gov/news/press-release/2018-100.
81 https://www.sec.gov/news/press-release/2018-138.
82 https://www.sec.gov/news/press-release/2018-31.
U.S. Securities and
Exchange Commission
100 F Street NE
Washington, DC 20549
www.sec.gov