Articles Tagged: Sec

 

SEC Targets Former Tricolor Executives in $1.9 Billion Collapse Case

The SEC’s new fraud case against former executives of subprime auto lender Tricolor stands out as one of the week’s most consequential enforcement developments, even though it was announced on August 18.

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Judge Approves SEC-Musk Twitter Disclosure Deal While Flagging “Red Flags”

A federal judge in Washington, D.C. has approved the SEC’s settlement with Elon Musk over allegations that he failed to timely disclose his early purchases of Twitter stock, but not without an unusually pointed warning. U.S. District Judge Sparkle Sooknanan signed off on the deal while stating she had “significant misgivings” and saw potential “red flags” in the resolution.

The settlement requires a trust in Musk’s name to pay $1.5 million and resolves claims tied to delayed beneficial ownership disclosures.

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SEC Clears $16.13 Million BMW Fair Fund Distribution to Investors

The SEC has authorized the distribution of approximately $16.13 million from the Fair Fund established in its prior enforcement matter involving BMW AG, BMW of North America, LLC, and BMW US Capital, LLC. Although the order does not impose new liability, it marks a consequential step in the life cycle of the case: moving collected funds out of the government’s hands and into the hands of harmed investors.

That matters because Fair Fund orders are where enforcement remedies become tangible.

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SEC’s New Retail Fraud Group Signals a Sharper Focus on Main Street Investor Cases

The SEC has announced a new Retail Fraud Group within the Division of Enforcement, a structural change that offers an unusually clear signal about where the agency expects to devote investigative and prosecutorial resources in the near term. The group is designed to target fraud affecting everyday investors, including the kinds of schemes that often arise through digital marketing, affinity-based solicitations, misrepresentations in retail-facing products, and misconduct tied to investment advisers or broker channels.

For legal professionals, the significance is less about the creation of a new name and more about what it suggests operationally: specialization, centralized expertise, and potentially faster identification of recurring fraud patterns.

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Supreme Court Bolsters FCC Fine Authority and SEC Disgorgement Power

The U.S. Supreme Court handed federal regulators two important victories, preserving enforcement tools that many companies had hoped the justices might narrow. In one decision, the Court ruled for the Federal Communications Commission in its dispute with ATT and Verizon over agency-imposed fines. In the other, the Court unanimously sided with the Securities and Exchange Commission, affirming the agency’s ability to seek broad disgorgement in enforcement actions involving investor fraud.

Taken together, the rulings stand out because they cut against the recent trend of heightened judicial skepticism toward administrative agencies.

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SEC Hits Merrill Lynch With $7.5 Million Penalty Over Suspicious Activity Reporting Lapses

The SEC has imposed a $7.5 million penalty on Merrill Lynch, Pierce, Fenner Smith Inc., the Bank of America brokerage unit, over failures tied to suspicious activity reporting. The enforcement action centers on allegations that Merrill Lynch did not file a sufficient number of suspicious activity reports, or SARs, despite obligations designed to help detect potential money laundering and other illicit activity through customer accounts.

For securities lawyers and compliance professionals, the case is a reminder that anti-money-laundering controls remain a live enforcement priority even when the underlying issue is not an affirmative fraud charge.

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SEC, Musk Seek Court Approval for Twitter Disclosure Settlement

The Securities and Exchange Commission and Elon Musk have asked a federal court in Washington, D.C., to approve a settlement resolving claims that Musk failed to timely disclose his purchases of Twitter stock in 2022. The proposed resolution includes a $1.5 million civil penalty and would close one of the more visible disclosure-related enforcement disputes arising from Musk’s acquisition of the social media platform.

At the center of the matter is Section 13(d) of the Securities Exchange Act, which generally requires investors who cross the 5% ownership threshold in a public company to promptly disclose that stake to the market.

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Supreme Court Preserves SEC’s Disgorgement Tool in June 4 Enforcement Win

The U.S. Supreme Court handed the Securities and Exchange Commission an important enforcement victory on June 4, upholding the agency’s authority to pursue disgorgement in securities cases. The ruling preserves a remedy the SEC has long relied on to strip alleged wrongdoers of ill-gotten gains, and it arrives at a moment when the Court has often taken a more skeptical view of federal agency power.

For the SEC, disgorgement is not just an add-on remedy.

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Supreme Court Preserves SEC Disgorgement Tool in Sripetch Fight

The U.S. Supreme Court delivered an important enforcement win to the Securities and Exchange Commission by preserving the agency’s ability to seek disgorgement in civil cases, including in the matter involving defendant Sripetch. For securities litigators and regulated businesses, the ruling is a reminder that even as the Court has shown increasing skepticism toward parts of the administrative state, it is not categorically stripping agencies of meaningful remedial tools.

Disgorgement has long been one of the SEC’s most potent remedies.

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Supreme Court Keeps SEC Disgorgement Tool Intact in Unanimous Ruling

In a unanimous decision, the U.S. Supreme Court preserved the Securities and Exchange Commission’s ability to seek disgorgement without having to show identifiable investor harm in every enforcement action. The ruling is a significant win for the agency, which has long relied on disgorgement to strip alleged wrongdoers of ill-gotten gains in cases ranging from accounting and books-and-records violations to insider trading and broader fraud claims.

The practical takeaway is straightforward: the SEC retains a powerful remedial tool even where the connection between misconduct and a specific victim’s financial loss may be difficult to trace.

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Supreme Court Preserves SEC Disgorgement in Fraud Enforcement

The U.S. Supreme Court has reaffirmed the Securities and Exchange Commission’s ability to seek disgorgement of ill-gotten gains in fraud cases, preserving a remedy that has long been central to the agency’s enforcement playbook. For securities litigators and compliance professionals, the ruling matters not just as a doctrinal win for the SEC, but as a practical confirmation that one of the agency’s strongest settlement and deterrence tools remains available.

Disgorgement allows the SEC to force defendants to give up profits allegedly obtained through unlawful conduct.

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SEC Defends Musk Settlement as Judge Flags “Red Flags”

The SEC is pushing back after a federal judge raised concerns about its proposed settlement with Elon Musk, with the agency arguing the deal is lawful, appropriate, and consistent with its enforcement discretion. The dispute puts a spotlight on a recurring question in securities enforcement: how much scrutiny should courts apply when regulators negotiate resolutions with high-profile defendants?

At issue is the SEC’s effort to defend a settlement arrangement after the judge reportedly cited “red flags” in reviewing the proposal.

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SEC Moves to Unwind Winklevoss Crypto Judgment in Major Enforcement Reversal

The SEC’s reported move to withdraw a judgment against the Winklevoss-linked crypto exchange Gemini marks one of the more consequential digital-asset enforcement developments now circulating in the legal market. Even without a fully public merits ruling to dissect, the significance is clear: a federal securities regulator appears to be stepping back from a previously obtained result in a high-profile crypto matter, underscoring how quickly the enforcement landscape can shift as policy priorities, litigation risk, and legal theories evolve.

For legal professionals, the immediate takeaway is not simply that one company may get relief.

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SEC Drops “No-Deny” Settlement Rule, Reshaping Enforcement Negotiations

The Securities and Exchange Commission announced on May 18, 2026 that it has rescinded Rule 202.5(e), ending the agency’s long-standing practice of requiring settling parties not to publicly deny the SEC’s allegations. The change marks a notable shift in enforcement policy and is likely to alter the leverage, messaging, and negotiation dynamics in SEC resolutions going forward.

For decades, the SEC’s settlement framework allowed defendants to resolve cases without admitting wrongdoing in many instances, but it also prohibited them from later publicly disputing the agency’s allegations.

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D.C. Judge Flags “Red Flags” in SEC’s Musk Twitter Stock Settlement

A federal judge in Washington, D.C., is signaling that a proposed SEC settlement tied to disclosures around Elon Musk’s earlier Twitter stock purchases may face a tougher path than the parties expected. In a recent hearing, the court reportedly identified “red flags” in the proposed resolution, raising the possibility that the deal will not be approved in its current form.

That alone makes the matter worth watching.

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