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SEC Sues Woodbridge Ex-CEO Shapiro Over Alleged $1 Billion Ponzi Scheme

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The Securities and Exchange Commission has sued Robert Shapiro, accusing the former chief executive of Woodbridge Group of operating a Ponzi scheme that raised more than $1 billion from individual investors for the now-bankrupt real estate operation, WSJ Pro Bankruptcy reported. Shapiro is accused of lying to investors, signing falsified documents and making “Ponzi payments to investors,” as well as using investor funds for his own personal enjoyment, among other wrongs, according to papers unsealed yesterday in a Florida federal court. A lawyer for Shapiro says the former chief executive denies the SEC’s allegations. “Mr. Shapiro is cooperating with the bankruptcy to protect the assets held for the benefit of Woodbridge’s stakeholders,” said Ryan O’Quinn, a lawyer for Shapiro. “He denies any allegation of wrongdoing and looks forward to his opportunity to defend himself in a court of law.” Woodbridge and some of its affiliates filed for chapter 11 bankruptcy protection Dec. 4, a year into an SEC probe of its fundraising activities.

More Trouble For Martin Shkreli

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Federal prosecutors said in a court filing Friday that notorious pharmaceutical executive Martin Shkreli owes the government $7.4 million as a result of his conviction on securities fraud and conspiracy charges over the summer, the Wall Street Journal reported. The prosecutors have some suggestions for how Uncle Sam can be repaid. Assets that could be seized to satisfy the judgment include a brokerage account worth $5 million, as well as a single-copy album recorded by the Wu-Tang Clan, for which Shkreli paid $2 million back in 2015. Prosecutors also flagged Shkreli’s stake in privately-held Turing Pharmaceuticals.

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Trump to Nominate Jelena McWilliams as FDIC Chief

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President Donald Trump will nominate regional bank executive Jelena McWilliams to lead the Federal Deposit Insurance Corp., the White House said Thursday, the Wall Street Journal reported yesterday. Ms. McWilliams has worked as a lawyer at the Federal Reserve and on the Republican staff of the Senate Banking Committee. She is currently chief legal officer of Cincinnati-based Fifth Third Bancorp. The nomination moves Trump closer to rounding out a team that can carry out his promise to revisit financial regulations adopted under President Barack Obama. The FDIC is currently led by an Obama nominee, Martin Gruenberg, who has pushed for strict rules on large Wall Street banks and warned against deregulation in a Nov. 14 speech. Mr. Gruenberg’s term as chairman ended Nov. 29. The White House said Ms. McWilliams has political science and law degrees from the University of California at Berkeley, and practiced corporate and securities law before entering public service in 2007, serving three years at the Fed and then six years in the Senate. At the Senate banking panel, she worked for Sens. Richard Shelby (R-Ala.) and Mike Crapo (R-Idaho), both of whom are skeptical of the 2010 Dodd-Frank financial-overhaul law and the resulting rules implemented under the Obama administration.
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SEC Nominees Face Delay as Democratic Senator Puts Up Roadblock

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A Democratic senator says she won’t agree to quickly confirm two nominees to the Securities and Exchange Commission until they outline their views on whether regulators should rein in activist investors, stock buybacks and executive pay, the Wall Street Journal reported. In letters sent yesterday to a pair of nominees who advanced through the Senate Banking Committee this month, Sen. Tammy Baldwin (D-Wis.) says that she is standing up for workers and long-term shareholders by questioning current rules that she argues are too friendly to Wall Street. Her ultimatum could slow the confirmation of Democrat Robert Jackson and Republican Hester Peirce, because she won’t agree to an expedited vote this year without detailed answers.

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At the SEC, Whistleblowers Blow Whistle on Watchdog

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The watchdog for the Securities and Exchange Commission, who encourages staff at the top securities regulator to blow the whistle on misconduct and fraud, is himself the subject of complaints by several whistleblowers, the Wall Street Journal reported today. Carl Hoecker, the SEC inspector general, is tasked with rooting out malpractice at the agency. His team investigates alleged misconduct by SEC officials, ranging from insider trading to expenses fraud. The office’s website highlights protections for SEC employees who disclose evidence of waste, fraud or abuse. At least two employees working for Hoecker have filed complaints to a different federal whistleblower-protection agency, alleging that he and his senior staff retaliated against them for calling out misconduct within the inspector general’s office.

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SEC Signals Pullback From Prosecutorial Approach to Enforcement

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The Securities and Exchange Commission yesterday signaled a pivot away from the prosecutorial approach to enforcement that the agency pursued after the financial crisis, the Wall Street Journal reported today. Steven Peikin, co-director of the SEC’s enforcement division, indicated the regulator would drop the “broken windows” strategy of pursuing many cases over even the smallest legal violations, and may also pull back from trying to make some companies admit to wrongdoing as a condition of settling with the SEC. The SEC in recent years piled up record numbers of enforcement cases and corporate penalties as it pursued both major Wall Street frauds and scores of picayune filing violations. Now, under the direction of Clayton, and with its budget essentially frozen, the SEC is cueing that “broken windows” won’t continue. “It may be the case that we have to be selective and bring a few cases to send a broader message rather than sweep the entire field,” Peikin told a securities conference yesterday. He cast doubt about the future of a signature element of the SEC’s enforcement program over the past four years: admissions of wrongdoing. Under former Chairman Mary Jo White, an Obama appointee, the SEC sought admissions of fault by firms and individuals in select cases, rather than allowing defendants to resolve probes by paying penalties but neither admitting nor denying the allegations. Read more.(Subscription required.) 

In related news, the U.S. Securities and Exchange Commission (SEC) said on Thursday it would grant Wall Street a 30 month-grace period that will allow them to comply with sweeping new European Union investment research rules without overhauling their operations, Reuters reported. The reprieve comes ahead of Europe’s MiFID II trading rules, which will overhaul how investment managers pay for research provided by banks beginning in January. Under MiFID II, brokers will have to charge separately for research, instead of bundling the fees together with other services, such as trading. The new rules aim to eliminate conflicts of interest by giving investors greater transparency over how much they pay banks for discrete services. Read more

SEC Approves Accounting Rule Despite Business-Group’s Objection

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The Securities and Exchange Commission gave final approval yesterday to a long-planned regulation that will require auditors to tell investors more about what they learn when they audit a company’s books, the Wall Street Journal reported today. The SEC ratified a rule that the Public Company Accounting Oversight Board passed in June that will require auditors to inform investors about “critical audit matters” — any areas of a company’s finances that the auditors found especially challenging or complex or which forced them to make tough judgment calls. The new information will be part of an expanded audit report, the letter in every company’s annual report in which the auditor passes judgment about whether the company has accurately presented the numbers on its financial statements. The audit report will retain its current pass-fail model, but will add the information about critical audit matters as well as other new material such as how long an auditor has worked for a company.

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SEC Alleges Rio Tinto Misled Investors Over Value of Coal Assets

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U.S. regulators yesterday sued Rio Tinto PLC and two former top executives over claims they misled investors about the value of Mozambique coal assets obtained in a disastrous acquisition that caused huge losses for the global mining giant, the Wall Street Journal reported today. Rio Tinto continued to value the mining assets in Mozambique at more than $3 billion despite an internal assessment that they were worth negative $680 million, according to a lawsuit filed in Manhattan federal court. The Securities and Exchange Commission’s lawsuit alleges that former Chief Executive Thomas Albanese and former Chief Financial Officer Guy Elliott knew about the project’s rapidly declining value but didn’t disclose it to investors and misled their board of directors about the scope of the problems, the SEC said. The SEC is pursuing civil monetary penalties and disgorgement of ill-gotten gains through its lawsuit, and seeking a bar on Albanese and Elliott from serving as officers or directors of a public company. The regulator’s investigation began in 2013, Rio Tinto disclosed in December, when the firm said that it was cooperating with the probe.

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Mnuchin Pushing Trump to Pick Jerome Powell for Fed

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Treasury Secretary Steven Mnuchin is strongly pushing for the White House to name Jerome Powell as the next chair of the Federal Reserve, the most powerful economic job in the U.S. government, according to three people close to the selection process, Politico reported yesterday. Mnuchin has privately recommended Powell to President Donald Trump, according to one adviser close to the administration, who indicated that Mnuchin, who knows Powell well, feels comfortable with him and feels that he is a safe pick over whom Mnuchin can exert some measure of influence. Trump has not settled on any candidate yet, though he is expected to announce his choice in the next few weeks to ensure a nominee is in place by the time current Fed chair Janet Yellen’s term expires in February. The White House and Treasury declined to comment on any specific names floated for the position. Several people close to the process confirmed that the White House list has been whittled down to four candidates: Powell, a current Federal Reserve governor; Yellen, who was confirmed to the position under President Barack Obama in 2014 and is eligible to be reappointed; Gary Cohn, director of the National Economic Council and a former top banker at Goldman Sachs; and Kevin Warsh, a former Fed governor and fellow at the Hoover Institution who spent years as an investment banker at Morgan Stanley. Trump’s nominee will need to be confirmed by the Senate, with the Banking Committee leading the hearings.
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Fed Still Puzzled by Slow Inflation, but Rate Increase Is on Track

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The persistence of slow inflation was the dominant topic at the Federal Reserve’s most recent policy-making meeting in September, but most officials said they were still inclined to raise the Fed’s benchmark interest rate later this year, the New York Times reported yesterday. The Fed is likely to raise rates so long as the medium-term economic outlook remains unchanged, according to an official account of the meeting that the Fed published yesterday. The account said that recent hurricanes had not disrupted that outlook. The Fed expects slower growth for a few months, but it does not expect a long-term effect. The Fed next meets Oct. 31 and Nov. 1, but investors expect the Fed will wait to raise its benchmark rate at its final meeting of the year, in December. The Fed said after the September meeting that it would begin to reduce its holdings of Treasury securities and mortgage-backed securities, which it accumulated beginning in 2008 as part of the effort to reduce borrowing costs for businesses and consumers. But the minutes of the September meeting said that “a few” Fed officials opposed another 2017 rate move, and that “several others” remained on the fence.
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