Fraudulent Coin Offerings

I’ve been highly critical of cryptocurrency. It doesn’t act like a currency: people are not using it to actually buy goods and service (at least not legal goods and services).  The world of coin offerings has been the wild west. In many instances, the sponsors are just ignorant of the securities law implications of their … Read more »

Compliance Bricks and Mortar for April 6

These are some of the compliance-related stories that I’ve been reading. Mulvaney’s CFPB plan is dangerous by Rob Blackwell in American Banker On Monday, Mulvaney called for four major reforms to CFPB: putting it on Congressional appropriations; creating a dedicated inspector general (currently the Federal Reserve’s inspector general oversees it); giving the president more oversight of … Read more »

Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions

On April 3, the Financial Crimes Enforcement Network published Frequently Asked Questions Regarding the Customer Due Diligence Requirements for Financial Institutions. The questions are about Customer Due Diligence Requirements for Financial Institutions, published on May 11, 2016, as amended on September 29, 2017. FinCEN is labeling it the CDD the Rule. The CDD Rule requires … Read more »

What is Pre-Marketing?

In establishing a new investment vehicle, a sponsor needs to find a pool of interested investors. Given the varying rules around fundraising in different jurisdictions, the sponsor may chose to look for support in one place over another. The big problem is the time and cost it takes to get a proposed investment registered in … Read more »

Research on Insider Trading

Just to revive any anger you have left from the 2008 financial crisis and its aftermath, a new academic paper found evidence of insider trading among corporate insiders at leading financial institutions during the Financial Crisis. That’s on top of other research that brokers leak information or front run trades. One research paper on political … Read more »

Use of Data in Proving Fraud

The Securities and Exchange Commission’s case against Robert Magee and Valor Capital was a straight forward cherry picking case. What caught my eye was the data and statistical analysis that the SEC used to prove its charges. Magee was doing the wrong thing by order block trades in an omnibus trading account and then allocating … Read more »