Mealey's Securities
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February 02, 2024
Judgment Issued Against ‘Bitcoin Beautee’ After Settling SEC’s Ponzi Scheme Claims
BALTIMORE — Days after the Securities and Exchange Commission filed a complaint against a Maryland woman and an Australian man accusing them of orchestrating a cryptocurrency scheme that defrauded investors out of billions of dollars, a federal judge in Maryland issued a judgment against the woman, noting that she consented to the judgment and waived her right to appeal.
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February 01, 2024
Delaware Chancellor Rules Musk’s Tesla Pay Package Was Unfair To Shareholders
DOVER, Del. — More than a year after the conclusion of a five-day trial, a judge in the Delaware Court of Chancery determined that Elon Musk is not entitled to a nearly $56 billion pay package from Tesla Inc., agreeing with an investor in the auto manufacturer who brought a shareholder derivative complaint alleging that the process by which the terms of the package were drafted was not fair.
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February 01, 2024
Notice Of Appeal Is Filed In Securities Suit Involving Reinsurer’s Loss Ratios
PHILADELPHIA — Shareholders have filed a notice of appeal to the Third Circuit U.S. Court of Appeals over summary judgment and other rulings in a suit over allegations that a reinsurer and some of its former executives violated federal securities laws.
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January 31, 2024
Investors Do Not Show Company Misled About Equipment Testing, Federal Judge Rules
SAN FRANCISCO — Finding that investors failed to show that a technology company made false or misleading statements about its testing of manufacturing equipment it would use to create a new type of battery, a federal judge in California on Jan. 30 dismissed the investors’ putative class complaint without prejudice.
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January 31, 2024
SEC Says In Complaint Crypto Ponzi Scheme Swindled Investors Out Of $1.7B
BALTIMORE — A Maryland woman and an Australian man ran a cryptocurrency-based Ponzi scheme that bilked investors around the world out of $1.7 billion, the Securities and Exchange Commission says in a complaint filed in a Maryland federal court.
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January 30, 2024
Federal Judge Grants Summary Judgment, Finds SEC Shows Former Execs Faked Records
NEW YORK — A federal judge in New York granted a Securities and Exchange Commission motion for summary judgment against two former executives for a technology company the commission said caused the company to misstate transactions, finding that the SEC adequately established that one the executives engaged in fraud.
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January 30, 2024
9th Circuit Stays Mandate Reversing Court’s Dismissal In FCA Drug Pricing Suit
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals granted a 90-day stay of the mandate reversing and remanding a district court’s dismissal of a relator’s qui tam suit alleging violations of the False Claims Act (FCA) against pharmaceutical companies related to their alleged fraud by artificially inflating drug prices.
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January 30, 2024
Judgment Issued Against Final Defendant To Settle In SEC Insider Trading Action
NEW YORK — After the Securities and Exchange Commission indicated in a letter to the court that the final remaining named defendant in an enforcement action agreed to a partial settlement enjoining him from further violations of securities laws, a federal judge in New York issued a judgment against the man who was accused along with four others of insider trading.
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January 29, 2024
Target, Board Seek Dismissal, Transfer For Shareholders’ Pride Collection Suit
FORT MYERS, Fla. — In a pair of motions filed Jan. 26 in a Florida federal court, Target Corp. and certain of its executives and board members request the dismissal of an amended complaint brought by shareholders accusing it of making false statements about its LGBTQ+ Pride collection that caused a loss in stock value, and transfer of the case to a federal court in Minnesota.
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January 29, 2024
Federal Judge Remands ‘Ponzi’ Complaint, Says Bank Does Not Justify Removal
BOSTON — Finding that a bank had not substantiated the need to remove a case to federal court, a federal judge in Massachusetts remanded to state court a complaint in which a brokerage firm accuses the bank of facilitating a Ponzi scheme that negatively affected the brokerage firm’s customers.
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January 26, 2024
Investment Adviser Firm, Former Partner Settle SEC Allegations Of Misleading Client
WASHINGTON, D.C. — An investment adviser firm and a former partner have agreed to settle the Securities and Exchange Commission’s allegations that they misled an educators’ retirement fund about discrepancies regarding the retirement fund’s returns on investments, according to an SEC news release and two cease-and-desist orders issued by the commission as part of an agency enforcement action on Jan. 25.
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January 25, 2024
Federal Judge Tosses Senior Living Shareholder Derivative Suit Due To Errors
NASHVILLE, Tenn. — A federal judge in Tennessee dismissed a shareholder derivative complaint brought against a company that oversees senior living facilities alleging issues with the quality of service and misstatements made to the public about the services, finding that the shareholders’ theory of the case is contradicted by the documents they rely on.
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January 23, 2024
Government Seeks Stay Of SEC Case Against Alleged Fraudsters Due To Criminal Case
NEW YORK — The U.S. government moved to intervene in a civil case brought by the Securities and Exchange Commission against five individuals and associated companies for allegedly selling unregistered securities in private companies before their initial public offerings (IPOs), with the government seeking a stay of the civil case until the culmination of a parallel criminal case brought by the Department of Justice.
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January 23, 2024
Investor: Medical Company Misled About COVID’s Impact On Drug’s Clinical Testing
RENO, Nev. — A biopharmaceutical company misled investors by failing to disclose that its ability to test a drug planned to treat Alzheimer’s disease was severely impacted by the ongoing COVID-19 pandemic, an investor says in a putative class complaint filed in a federal court in Nevada.
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January 22, 2024
Panel: Excess D&O Insurer Owes No Coverage For Costs Of Shareholder Class Action
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Jan. 19 affirmed a lower federal court’s summary judgment ruling in favor of an excess directors and officers liability insurer, finding that the insurer has no duty to pay a pharmaceutical drug manufacturer insured’s settlement and defense costs arising from an underlying shareholder class action alleging that it artificially inflated its stock when it misrepresented the results of a clinical drug study.
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January 22, 2024
Alaska Supreme Court Upholds Shareholders’ Debt Forgiveness For Tribal Entity
JUNEAU, Alaska — The Alaska Supreme Court affirmed a state superior court’s decision to approve the vote of a shareholder class to forgive the remaining debt owed to it by a tribal corporation, finding that the lower court’s decision satisfies requirements for considering class claims.
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January 22, 2024
Bridgebuilder, Insurer Stipulate To Dismissal Of Damage Coverage Claims
WASHINGTON, D.C. — A bridgebuilder and its builders risk insurer have agreed to the dismissal with prejudice of the builder’s breach of contract and bad faith suit against the insurer; the builder last year had been granted summary judgment on the breach of contract claim after a federal judge in the District of Columbia found that the policy’s definition of “damage” includes the builder’s claim for reimbursement for repair costs necessitated by defects in the concrete of the bridge and that the insurer failed to demonstrate that any exclusions apply.
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January 22, 2024
Investor: Verizon Broke Law With Decision To Leave Toxic Cables Underground
TRENTON, N.J. — A shareholder has filed a complaint in New Jersey federal court contending that Verizon Communications Inc. and its board of directors violated federal securities laws and committed fraud in connection with the company’s decision to leave toxic cable wires buried in the ground nationwide, which allowed the wires to contaminate groundwater.
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January 19, 2024
Dismissal Denied In Suit Against Life Insurer Regarding ‘Leapfrogging’ Policy
CINCINNATI — An Ohio federal judge denied dismissal of a breach of contract suit filed against a life insurer by the liquidating trustee for a viatical settlement provider, finding that the complaint was timely filed because Ohio law applies to the dispute over a “leapfrogging” life insurance policy that was sold to the trust.
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January 19, 2024
Federal Judge Freezes Assets Of Companies, CEO That SEC Says Ran Huge Scheme
NEW YORK — A federal judge in New York granted the Securities and Exchange Commission’s request for an emergency freeze on the assets of a man and three companies he controlled that the commission says ran a “staggering” scheme involving billions of dollars’ worth of fictitious transactions and misleading statements overstating the companies’ value, in some cases by hundreds of millions of dollars.
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January 18, 2024
Federal Judge Delays Trial Between SEC, Crypto Firm In Hopes CEO Can Be Extradited
NEW YORK — A federal judge in New York agreed to one postponement of a jury trial in the Securities and Exchange Commission’s case against cryptocurrency firm Terraform Labs Pte. Ltd. and its chief executive officer, who are accused of a large-scale fraud, after the CEO’s counsel said there is a possibility he will be released from custody in Montenegro to attend the trial.
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January 18, 2024
Investor Says Chip Producer Misled Investors By Not Disclosing Inventory Buildup
NEW YORK — A technology manufacturing company misled investors by not notifying them of its customers creating a buildup in excess inventory of a computer chip it manufactured, leading to a drop in stock value when the company announced the buildup would affect profitability in the first quarter of 2024, an investor says in a putative class complaint filed in a New York federal court.
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January 17, 2024
High Court Told ‘Chaos’ Will Ensue ‘In A World Without Chevron’ Deference
WASHINGTON, D.C. — The U.S. Supreme Court was told Jan. 17 that “chaos” will ensue “in a world without Chevron” deference by government attorneys, who urged it to apply stare decisis and uphold Chevron, which is being challenged in two cases arising out of federal fishing regulations.
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January 17, 2024
Investor Says BioNTech Misled Shareholders With Predictions Of Vaccine Sales
LOS ANGELES — A biotechnology company misled investors by suggesting that its COVID-19 vaccine was still relevant despite not having approval from the Food and Drug Administration to target the most common subvariant at the time, an investor says in a purported class complaint filed in the U.S. District Court for the Central District of California.
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January 17, 2024
Whether SEC Disclosure Rule Can Form Private Claims Argued Before High Court
WASHINGTON, D.C. — The plain language of federal securities laws does not allow for a private claim to be brought under allegations that a company omitted material from a disclosure form required by the Securities and Exchange Commission, an infrastructure company and other petitioners told the U.S. Supreme Court on Jan. 16; an investment company was joined by the U.S. government in arguing that such an omission can form the basis of private claims if it is shown to be material.