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SEC Enforcement Actions

The (SEC) is the United States agency with primary responsibility for enforcing federal securities laws. Whistleblowers with knowledge of violations of the federal securities laws can submit a claim to the SEC under the SEC Whistleblower Reward Program, and may be eligible to receive  monetary rewards and protection against retaliation by employers.

Below are summaries of recent SEC settlements or successful prosecutions. If you believe you have information about fraud which could give  rise to an SEC enforcement action and claim under the SEC Whistleblower Reward Program, please contact us to speak with one of our experienced whistleblower attorneys.

October 19, 2021

Credit Suisse Group AG, together with related subsidiaries, and VTB Capital plc will collectively pay more than $481 million to resolve charges related to the financing of hundreds of millions in loans to the government of Mozambique and an entity owned by that government, Empresa Moçambicana de Atum S.A. (EMATUM), which was formed to develop a tuna fishing project.  Credit Suisse, which pleaded guilty to defrauding investors and entered into a settlement agreement with the SEC, will pay nearly $475 million to U.S. and international authorities, as well as restitution to individual investors.  As part of its guilty plea, Credit Suisse admitted that it made material misrepresentations and omissions in statement to investors including about the planned use of loan proceeds; about $50 million in kickback payments to a Credit Suisse subsidiary and $150 million in bribes to government officials; about the existence and maturity dates of other loans to the government of Mozambique; about other red flags prior to and during the EMATUM financing; and about the risk of default.  In addition, the SEC charged that Credit Suisse violated the internal accounting controls and books and records provisions of the Foreign Corrupt 91porn Act. Credit Suisse's payment consists of a $99 million payment to the SEC ($65 million as a penalty and $34 million in disgorgement and interest), a $247.52 million criminal monetary penalty to the U.S., with $175.6 million to be paid and the remaining to $47.2 million to be credited to related settlements, and $200.7 million to the United Kingdom's Financial Conduct Authority.  In addition, Credit Suisse agreed to provide $200 million as debt relief to Mozambique. VTB will pay $6.4 million to resolve SEC charges that it mislead investors in a related bond offering structured by VTB Capital and Credit Suisse, which the SEC found failed to disclose the true nature of Mozambique's debt and the high risk of default on the bonds.  ;

October 15, 2021

The SEC has granted awards totaling approximately $40 million to two whistleblowers whose contributions helped result in a successful enforcement action.  Approximately $32 million went to a whistleblower whose tip about difficult-to-detect violations launched the investigation, and who then helped agency staff understand complex fact patterns and identify witnesses.  The remaining $8 million went to a whistleblower who reported new information but who waited years before reporting wrongdoing to the agency. 

September 24, 2021

London-based advertising company WPP plc, which has ADRs registered in the US, will pay $19 million in disgorgement, interest, and penalties to resolve allegations that it violated the Foreign Corrupt 91porn Act.  The SEC charged that WPP acquired advertising agencies in high-risk markets and failed to insure that these subsidiaries implemented appropriate internal controls or respond to repeated warning signs and internal complaints about activities including payments to government officials in India, China, Brazil, and Peru. 

September 24, 2021

An anonymous whistleblower received an award of $36 million from the SEC.  The SEC found that the individual provided information that significantly contributed to a previously-opened SEC investigation and recoveries by the SEC and another agency.  The SEC found that the individual had unreasonably delayed in reporting the conduct, and had participated in the underlying scheme, although they did not direct, plan, or initiate it.  Two other claimants were denied any recoveries on the grounds that the information they provided did not significantly contribute to the recoveries in the covered action or related action. 

September 17, 2021

RBC Capital Markets LLC will pay $800,000 to resolve charges that it improperly allocated bonds intended for institutional customers and dealers to “flippers,” who then resold the bonds to other broker-dealers at a profit, despite customer instructions to place retail customer orders first.  RBC employees Kenneth G. Friedrich, who was the head of Municipal Sales, Trading and Syndication, and Jaime L. Durando, the head of RBC's municipal syndicate desk, also settled charges and agreed to penalties of $30,000 and $25,000 respectively. 

September 15, 2021

Two unnamed whistleblowers received awards totaling $114 million for recoveries in an SEC enforcement action and two related actions.  The first whistleblower, who received an award of $110 million, provided independent analysis of publicly-available information about an unnamed company, as well as a witness list and substantial ongoing assistance during investigations by the SEC and another unidentified agency.  The second whistleblower, who received an award of $4 million, provided more limited information after the SEC had already undertaken significant investigative steps.   

September 14, 2021

App Annie Inc. will pay $10 million to resolve claims of securities fraud arising from the company’s alleged misuse of mobile app “alternative data” shared by companies about the performance of their mobile apps with the promise that such data would be aggregated and anonymized.  In fact, App Annie used non-aggregated and non-anonymized data to develop models that it sold to customers to make investment decisions and trade ahead of upcoming earnings announcements.  The company’s co-founder and former CEO will also pay a fine of $300,000. 

September 13, 2021

GTV Media Group Inc., Saraca Media Group Inc., and Voice of Guo Media Inc. will collectively pay more than $539 million to resolve SEC and New York State claims related to their alleged unregistered offering of GTV common stock and a digital asset security referred to as G-Coins or G-Dollars.  The SEC found that the respondents publicized the two offerings on their websites and social media platforms, raising approximately $487 million from more than 5,000 investors.  No registration statements were filed, and no registration exemption applied.  Without admitting or denying the SEC’s findings, respondents agreed to pay disgorgement of $486 million plus interest, and penalties totaling $35 million.  ;

September 3, 2021

The Kraft Heinz Company and two of its former executives will pay $62 million to resolve charges that between 2015 and 2018 the company falsely reported cost savings, including by recognizing unearned discounts from suppliers and maintaining false and misleading supplier contracts. In 2019, Kraft Heinz restated its financials, correcting a total of $208 million in improperly-recognized cost savings.  The SEC alleged that the company did not have effective internal accounting controls in its procurement division, and that former COO Eduardo Pelleissone and former Chief Procurement Officer Klaus Hoffman ignored red flags that expenses were not being accurately reported.  Pelleissone and Hoffman will pay civil penalties of $300,000 and $100,000, respectively. 
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