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SEC Charges South Carolina Companies, Executives in Failed Nuclear Project Case

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The Securities and Exchange Commission said on Thursday that two South Carolina companies and two former top executives face civil fraud charges in relation to a failed nuclear power plant expansion project, the Wall Street Journal reported. Scana Corp. and two of its former senior executives allegedly repeatedly made false and misleading statements to investors, regulators and consumers between 2015 and 2017 about the status of the $9 billion nuclear project that ultimately failed, the SEC said in a complaint filed in a federal court in South Carolina. The charges came after Cayce, S.C.-based Scana, the primary owner of the Virgil C. Summer power plant, abandoned the project of building two nuclear reactors in July 2017 after close to a decade of planning and construction, citing high construction costs and delays. The SEC also charged a Scana subsidiary, South Carolina Electric & Gas Co., which is now known as Dominion Energy South Carolina Inc. Dominion Energy Inc. acquired Scana in January 2019. The defendants claimed the project was on track even though they knew it was significantly delayed and wouldn’t be completed on time by Jan. 1, 2021, to qualify for $1.4 billion of federal tax credits, the securities regulator alleged.

Wells Fargo Fined $35 Million in SEC Settlement over Investment Advice

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Wells Fargo will pay a $35 million fine to settle accusations that it improperly recommended risky investments to some of its clients, including senior citizens and retirees, the Securities and Exchange Commission said yesterday, according to the Washington Post. These clients were encouraged to buy a risky version of an exchange-traded fund, known as an ETF, according to the SEC’s cease-and-desist order. These “single-inverse ETFs” use complex financial engineering to deliver big profits when stocks fall. But these types of ETFs can lead to devastating losses when held for more than a day and are traditionally recommended only for sophisticated investors. Wells Fargo recommended that some clients hold them for “months or years,” even though those clients had “moderate or conservative risk tolerances,” according to the SEC settlement. “Some of these clients had little or no relevant investing experience.”

Under Siege from the SEC, Actor Steven Seagal Finds He’s Not Above the Law

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The Securities and Exchange Commission (SEC) said yesterday that Steven Seagal, the former action-movie star turned would-be musician, will pay more than $300,000 to settle charges that he failed to disclose he was being paid to promote a cryptocurrency investment, the Washington Post reported. Seagal did not tell his millions of social media followers that Bitcoiin2Gen had promised him $250,000 in cash and $750,000 worth of its tokens before promoting its initial coin offering on Twitter and Facebook, according to the SEC. Under the settlement, Seagal agreed to pay the SEC more than $330,000 in penalties and interest, including $157,000 that Bitcoiin2Gen had already paid him. “These investors were entitled to know about payments Seagal received or was promised to endorse this investment so they could decide whether he may be biased,” Kristina Littman, chief of the SEC enforcement division’s cyber unit, said in a statement. In February 2018, Seagal posted a news release on Facebook, where he has 6.7 million followers, announcing he had become the company’s “brand ambassador,” according to the SEC settlement. He also congratulated the company on Twitter, where he has more than 100,000 followers, for reaching its financial goals.

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SEC Probes Owner of Chicago Apartments After Bond Default

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The U.S. Securities and Exchange Commission is investigating a non-profit that defaulted on $170 million of municipal bonds issued to finance the acquisition of about 1,800 low-income apartments in Chicago and its suburbs, Bloomberg News reported. The disclosure of the investigation came in a court filing earlier this month by attorneys for the Better Housing Foundation. Lindran Properties LLC, a subsidiary of the foundation, filed for chapter 11 protection from creditors on Jan. 31. Clark Hill Plc, a law firm representing BHF in the bankruptcy, said that the non-profit received a subpoena from the SEC “seeking records related to the events that preceded current ownership’s involvement in BHF and its affiliates.” BHF was incorporated in 2015 by Meredith Rosenbeck, an attorney in a Columbus, Ohio, suburb, just one-year before it started borrowing through the Illinois Finance Authority to acquire the apartments in Chicago. The non-profit paid Chicago-based real estate investor L. Mark DeAngelis more than $4 million to acquire and manage three of the five portfolios of apartments, known as Shoreline, Icarus and Ernst, according to a lawsuit filed by BHF in October 2018.

SEC Rethinks Approach to Conflicts Among Bond-Rating Firms

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The Securities and Exchange Commission’s top official overseeing credit-rating firms said that the agency is rethinking its post-crisis effort to improve the quality of bond ratings, a tacit acknowledgment that the decade-old program has been a failure, the Wall Street Journal reported. Jessica Kane, who heads the agency’s Office of Credit Ratings, said that the SEC is now seeking input on ways to limit the pressure firms such as S&P Global Inc. and Moody’s Corp. face to boost bond ratings. Bond issuers, which benefit from higher ratings, pay the ratings firms to grade the bonds. After the 2008 financial crisis, credit-rating firms were criticized for taking lucrative fees and giving high grades to risky securities that later caused big losses for investors. The Dodd-Frank Act’s financial overhaul in 2010 created the SEC’s Office of Credit Ratings to monitor ratings firms and perform annual examinations of their books and procedures. Kane said that her agency needs more authority to expand those examinations and asked Congress for a “statutory change” that would enable it to do so. After the financial crisis, the SEC didn’t end the practice of bond issuers hiring the firms that rate their offerings. Instead, the SEC decided to encourage ratings firms to publish unsolicited ratings on securities they weren’t hired to analyze. The agency crafted a rule to give them access to deal data to publish such ratings.

Junk-Bond King Michael Milken Wins Redemption With Trump Pardon

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President Donald Trump pardoned Michael Milken almost exactly 30 years after the junk-bond king pleaded guilty to securities fraud, Bloomberg News reported. Milken’s rise behind an X-shaped desk in Beverly Hills was so sharp that it fueled the buyout boom and the reign of junk bonds, though his colleagues inside Drexel Burnham Lambert preferred the term high yield. His fall, culminating in 22 months in prison for illegal trades, was so steep that it helped turn him into a symbol for the avarice of an entire industry and era. The 73-year-old billionaire’s rescue by Trump was so astounding that Wall Street observers wondered if he would try to return to the securities industry that banned him for life. Around the time that Trump was trying to transform himself into a king of 1980s New York real estate, Milken was helping to turn junk bonds from a backwater of risky corporate debt into a trillion-dollar market. Those bonds let a ragtag group of corporate raiders borrow enough to take over some of America’s best-known companies, and Milken inspired Wall Street acolytes who stayed loyal well past Drexel’s bankruptcy — and his tearful apology in court for securities fraud.

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U.S. Regulators Propose Removing Limit on Banks’ Ownership of Venture Capital Funds

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Banks in the U.S. would no longer face limits on ownership stakes in venture capital funds under a proposal put forth yesterday by regulators including the Federal Reserve, the Wall Street Journal reported. The proposal to remove a 3 percent cap on such stakes is the latest step to ease a set of regulations known as the Volcker rule, which were enacted after the 2008 crisis in a bid to strengthen the financial system and reduce the chance of taxpayer-funded bailouts. Randal Quarles, the Fed’s vice chair for supervision, said banks should be able to invest more of their own money in venture funds since they are already allowed to invest directly in startups. The Fed board voted 4-1 to approve the proposal, with governor Lael Brainard, who was appointed by President Obama, dissenting. She said some of the changes would “weaken core protections in the Volcker rule and enable banking firms again to engage in high-risk activities.” Under existing capital rules, banks are required to set aside a significant cushion against possible losses in their venture-capital offerings. Those capital requirements could keep many banks from significantly increasing their own stakes in such funds. Limits on banks’ stakes in hedge funds and private-equity funds would remain in place. (Subscription required.)

CFPB Limits Its Own Powers Against Abusive Conduct in New Policy

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The Consumer Financial Protection Bureau is putting limits on the ways that it will use its power to pursue banks and other financial companies for abusive practices against consumers, Bloomberg Law reported. The 2010 Dodd-Frank Act gave the CFPB the unique authority to go after companies for abusive practices alongside long-established standards for pursuing unfair or deceptive acts and practices (UDAP). The financial services industry has long complained that there has been little guidance as to what constitutes an abusive practice. Under a new policy statement, the CFPB said that it will no longer bring abusiveness claims against companies alongside claims that they have engaged in unfair and/or deceptive practices, unless the CFPB can provide a legal rationale for bringing a separate abusiveness claim. The policy statement also says that the CFPB will only bring an abusiveness claim if the agency “concludes that the harms to consumers from the conduct outweigh its benefits to consumers (including its effects on access to credit).” A company’s actions would be deemed abusive if they “materially interfere” with a customer’s ability to understand a term or condition attached to a financial product under a two-pronged test. The second prong states that a practice can be abusive if a company takes “unreasonable advantage” of a customer’s inability to understand any risks or costs of a product or a consumer’s inability to make a choice in their service provider. Read the CFPB press release.

Morningstar Nears Settlement With SEC Over Bond Ratings

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Morningstar Inc. is nearing a deal with federal regulators over allegations the firm violated rules in its bond-rating business that prohibit analysts who hand out credit ratings from being involved in sales and marketing for their companies, the Wall Street Journal reported. The potential settlement with the Securities and Exchange Commission is an embarrassment for a firm that made its name analyzing mutual funds. Morningstar has made a big push into bond ratings, saying that it would improve quality and restore investor trust in the business, whose reputation was damaged in the financial crisis. Terms of the settlement, which could be announced as early as this week, weren’t known. The settlement involves Morningstar’s ratings on asset-backed securities, and the firm could be fined several million dollars. Asset-backed securities are bonds backed by monthly payments on auto loans, student loans, credit cards and the like.

Money-Losing Companies Mushroom Even as Stocks Hit New Highs

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Tesla Inc. shares have doubled in three months, while General Electric Co. shares are up 44 percent, The Wall Street Journal reported. The pair are the two most valuable loss-making companies, part of a shockingly high proportion of listed companies that have been losing money — despite, or perhaps because of, the long bull market. While Tesla and GE couldn’t be more different, they are exemplars of two trends driving the rising number of loss makers. Tesla shows a desire by investors to back disruptive companies as they build their sales. GE represents a growing number of companies struggling to make money from traditional businesses — although GE bucks a third trend, which is that many of the unloved losers are small companies being squeezed by the growth of giant corporations. The combination of forces has pushed the percentage of listed companies in the U.S. losing money over 12 months to close to 40 percent, its highest level since the late 1990s outside of post-recession periods. This time there’s no recession, and stock market indexes are at or near record highs. That sounds scary, although it’s mainly worrying for investors in smaller companies.