SEC Charges Hudson Advisors and Lone Star Global for Failing to Disclose that Fund Fees Included More Than $50 Million of Owner’s Income Tax Liability

The Securities and Exchange Commission announced charges today against registered investment advisers Hudson Advisors L.P. and Lone Star Global Acquisitions Ltd. for including Hudson’s owner’s anticipated income tax liability as a component of certain…

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SEC Proposes Rules to Improve Risk Management in Clearance and Settlement and to Facilitate Additional Central Clearing for the U.S. Treasury Market

The Securities and Exchange Commission today proposed rule changes that would enhance risk management practices for central counterparties in the U.S. Treasury market and facilitate additional clearing of U.S. Treasury securities transactions. The…

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SEC Charges VMware with Misleading Investors by Obscuring Financial Performance

The Securities and Exchange Commission today charged VMware Inc. for misleading investors about its order backlog management practices, which enabled the Palo Alto, California-based technology company to push revenue into future quarters by delaying…

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SEC Charges Four Underwriters in First Actions Enforcing Municipal Bond Disclosure Law

The Securities and Exchange Commission today filed a litigated action against Oppenheimer & Co. Inc. and separately announced settlements with BNY Mellon Capital Markets LLC, TD Securities (USA) LLC, and Jefferies LLC, charging each of the four firms…

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SEC Adopts JOBS Act Inflation Adjustments

The Securities and Exchange Commission today adopted amendments to its rules to implement inflation adjustments mandated by the Jumpstart Our Business Startups (JOBS) Act. The SEC is required to make inflation adjustments to certain JOBS Act rules at…

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SEC Charges Venture Capital Adviser Energy Innovation Capital Management for Overcharging Fees

The Securities and Exchange Commission today charged Energy Innovation Capital Management, LLC (EIC), a California-based exempt reporting adviser, with charging excess management fees from two venture capital funds. EIC has returned $678,681 plus…

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SEC Amends Whistleblower Rules to Incentivize Whistleblower Tips

The Securities and Exchange Commission today adopted two amendments to the rules governing its whistleblower program. The first rule change allows the Commission to pay whistleblowers for their information and assistance in connection with non-SEC…

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SEC Issues First Fee Rate Advisory for Fiscal Year 2023

The Securities and Exchange Commission announced that the fees that public companies and other issuers pay to register their securities with the Commission will increase from $92.70 per million dollars to $110.20 per million dollars, effective Oct. 1.…

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SEC Publishes Draft FY22-26 Strategic Plan for Public Comment

The Securities and Exchange Commission today released for public comment a draft strategic plan for fiscal years 2022 to 2026. “We can’t take our leadership in capital markets for granted,” said SEC Chair Gary Gensler. “Technology and business models…

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Barred Broker and His Company Charged by SEC and DOJ with Defrauding Older Americans

Aug. 17, 2022 —

The Securities and Exchange Commission today charged Global Business Development and Consulting Corp. (Global) and its owner, Anthony J. Mastroianni, Jr., in connection with a $1.2 million fraudulent promissory note scheme targeting older Americans.

According to the SEC’s complaint, Mastroianni, a New Jersey resident, sold at least 11 investors promissory notes issued by his company, Global, beginning as early as 2017. The complaint alleges that Mastroianni induced investors, ranging in age from 64 to 82, to purchase the notes by promising exorbitant interest rates ranging from 50% to 175%. In 2016, Mastroianni  was barred by the Financial Industry Regulatory Authority (FINRA) from associating with any registered broker-dealer after refusing to appear for testimony to answer allegations of, among other things, excessive trading in an elderly customer’s account.

The SEC’s complaint further alleges that Mastroianni gave investors conflicting explanations of the nature of Global’s business, and often convinced them to roll-over their notes into new notes combining unpaid amounts with new investments by the investors. In reality, Global did not use investor monies to generate income and the SEC investigation determined that Mastroianni withdrew over $486,000 of investors’ money from Global’s bank account and also used ill-gotten funds for personal expenses on luxury items.

“We allege that Mastroianni preyed on older Americans with an all too familiar promise of massively high returns when in reality their money was being withdrawn in cash and spent on purchases at Disney resorts, Tiffany & Co., and Gucci,” said Sheldon L. Pollock, Associate Director of the SEC’s New York Regional Office. “We will continue to hold accountable those who target investors for their own financial gain.”

The SEC’s complaint, filed in federal district court in New Jersey, charges Mastroianni and Global with violating the antifraud provisions of the federal securities laws, and seeks disgorgement of ill-gotten gains with prejudgment interest, civil penalties, and permanent injunctive relief.  

In a parallel action, the U.S. Attorney’s Office for the District of New Jersey today announced criminal charges against Mastroianni.

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