Securities Regulation & Law Report Index-Summary

WARRANTS

– Audits, investor claim against auditor for treatment of warrant fails for lack of scienter, dismissal affirmed (2d Cir.), 1036
– Investment adviser settles charges re taking securities from hedge funds without compensation (SEC), 414

WHISTLEBLOWERS

– Confidential witnesses in securities class actions, Analysis and Perspective, 87
– Enforcement, SEC and FINRA announce new initiatives to handle tips and referrals, 401; Schapiro outlines potential broadening of whistleblower statutes in panel hearing, 446
– FCPA, attorneys warn conferees of risks in health care sector, 1306
– GAAP violations are not Sarbanes-Oxley violations, whistleblower claim fails (U.S., rev den), 789
– Hedge funds, rosy claims lead to civil and criminal charges (S.D.N.Y.), 357
– Insider trading, Grassley (R-Iowa) asks SEC for update on Lehman investigation, 297; Grassley asks FINRA if it followed up on statements made in arbitration, 1058
– Madoff fraud

See MADOFF FRAUD

– Sarbanes-Oxley Act

– – Cable operator, no objective basis for belief that company unlawfully paid contractors, claim properly dismissed (7th Cir.), 566
– – Gaming company, claims by attorneys reinstated (9th Cir.), 1527
– – Office supplies retailer, mere subjective belief of violation insufficient, claim properly dismissed (1st Cir.), 281

– SEC, Grassley (R-Iowa) questions Schapiro about nondisclosure memo, SEC adds language, 860
– Stanford Group fraud, FINRA releases report on oversight failures, 1816
– Tips and other forms of cooperation key to renewal of SEC enforcement, Analysis and Perspective, 669

WIRE FRAUD

– Enron Nigerian barge scam, reversal of conviction on presence of invalid honest services theory, retrial not precluded (5th Cir.), 1223
– Flight risk, man detained on charges (N.D. Cal.), 1010
– Fund of funds, manager faces civil and criminal claims (S.D.N.Y.), 377
– Hedge funds

– – Penny stock price manipulation scheme, trader pleads guilty (S.D. Fla.), 817; head of firm ordered to pay disgorgement, criminal trial date set, 869
– – Solicitation fraud, indictment unsealed against manager on the run (N.D. Ill.), 1178

– Philanthropy fraudster faces civil, criminal charges (W.D. Wash.), 613
– Ponzi schemes

See PONZI SCHEMES

– Promissory notes

– – Commodity pools, notes used to convert investor funds, CPOs face civil and criminal charges (S.D.N.Y.), 378; CCO pleads guilty, will testify, 1401; criminal charges filed, 1531; asset freeze extended to ex-wife of operator, 1550
– – Fake notes, superseding indictment is brought against lawyer for fraud (S.D.N.Y.), 509; 20-year sentence handed down, 1355; attorney disbarred, 1903
– – Real estate notes fraud, broker charged (S.D.N.Y.), 11

– Pyramid scheme, fake commodity pool operator charged (D. Minn.), 234; guilty plea entered, 734
– Recovery, victim may not recoup full investment at expense of others (N.D. Ga.), 13
– Recycling firm executive who diverted funds intended for investment pleads guilty (S.D.N.Y.), 1535
– Registration evasion, lawyer indicted in pump-and-dump scheme (E.D. Va.), 515
– Sting operation, conviction of CEO not vacated on ineffective assistance of counsel argument (S.D.N.Y.), 817
– Stock options backdating scheme, CEO of home builder indicted (C.D. Cal.), 431
– Treasury notes, futures traders indicted for noncompetitive trades (N.D. Ill.), 629
– Unsuitable securities, executives charged with misappropriating funds intended for safe vehicles (S.D.N.Y.), 968

WIRELESS COMMUNICATIONS

– Stock options backdating, RIM executives settle SEC and Canadian charges (D.D.C.), 325
– Subprime customer credit programs, fraud claims re concealment to boost stock price reinstated (5th Cir.), 704
– Sweep letter, SEC investigation includes inquiry into electronic communications at firms, 340
– USB modem company, fraud and stock manipulation claims may proceed (S.D. Cal.), 837

WITNESSES AND TESTIMONY

– Confidential witnesses in securities class actions

– – Analysis and Perspective, 87
– – Reliability, claims dismissed with leave to amend over contradictory statements (N.D. Cal.), 1105; repleaded claims adequate to proceed, 1893

– Experts, Qwest CEO insider trading conviction reinstated on proper exclusion of expert testimony (10th Cir.), 380; (U.S., rev sought), 556; Nacchio enters prison, bond appeal refused, 709; sentencing miscalculation, remanded, 1478; Justice will not appeal sentencing decision, 1569; (rev den), 1859
– Fifth Amendment, invocation in joint SEC/DOJ actions, Analysis and Perspective, 574
– Privilege

See PRIVILEGED COMMUNICATIONS

– Retiree tipping claim, SEC witness found not credible (E.D. Pa.), 974