Category: Enforcement Actions

The Japan Securities Dealers Association said Wednesday it has imposed a penalty of 300 million yen on SMBC Nikko Securities Inc for market manipulation, matching the highest fine previously issued by the organization.

According to the JSDA, SMBC Nikko illegally propped up the prices of 10 individual stock issues to stabilize them last year in “block offering” transactions.

The fine imposed on the brokerage by the JSDA is equal to that issued to Nomura Securities Inc. in connection with an insider trading scandal in 2012.

Silicon Valley Bank’s parent company and two senior executives are facing a class-action lawsuit in the United States, where shareholders have accused the financial institution of failing to disclose the risks that anticipated interest rate hikes would have on its business.

The lawsuit, filed in federal court in the Northern District of California on Monday, is seeking unspecified damages from SVB Financial Group and its Chief Financial Officer Daniel Beck, as well as the bank’s Chief Executive Officer Greg Becker.

The bank collapsed and its assets were seized by the US government late last week after a mass withdrawal of funds by customers.

The lawsuit, which accuses SVB of violating federal securities laws, noted that the Federal Reserve, the US central bank, had signaled as early as 2021 that it would increase interest rates to tame inflation.

At the best of times this is not a good look for an institution in charge of £1.1 trillion worth of the world’s deposits and investments. In the middle of the worst jitters over bank safety for 15 years, it is doubly awkward. Coming weeks after both the chairman and chief executive had given the impression that the outflows had bottomed out, it is also deeply embarrassing. Markets gave their own unambiguous verdict. Credit default swaps on Credit Suisse debt hit a record, meaning it is more costly than ever for investors to insure against the group defaulting. The shares slumped by 4 per cent at one point yesterday, though they rallied on the back of a worldwide bounce in bank stocks.

A Southfield, Michigan-headquartered bank holding company has agreed to plead guilty to securities fraud for filing false securities statements relating to its 2017 initial public offering (IPO) and its 2018 and 2019 annual filings.

According to a signed plea agreement that will be publicly filed in court, Sterling Bancorp, Inc. (the Company) was the holding company for its wholly owned subsidiary, Sterling Bank and Trust F.S.B. (the Bank, or together with the Company, “Sterling”). Sterling – with branches located in San Francisco, Los Angeles, Seattle, New York, and Southfield – completed an IPO in 2017, and the Company’s stock began trading on the NASDAQ exchange under the ticker symbol “SBT.”

Ohio filed a lawsuit against railroad Norfolk Southern to make sure it pays for the cleanup and environmental damage caused by a fiery train derailment on the Ohio-Pennsylvania border last month, the state’s attorney general said Tuesday.

The federal lawsuit also seeks to force the company to pay for groundwater and soil monitoring in the years to come and economic losses in the village of East Palestine and surrounding areas, said Ohio Attorney General Dave Yost.

“The fallout from this highly preventable accident is going to reverberate throughout Ohio for many years to come,” Yost said.

The United States Environmental Protection Agency has proposed the first federal limit on so-called “forever chemicals” in the country’s drinking water, a move officials said will save lives.

The proposal announced will limit per- and polyfluoroalkyl substances, also known as PFAS.

The substances have been linked to a range of health issues, including low birth weight and kidney cancer. They do not naturally degrade in the environment and are expensive to remove from water.

ilicon Valley Bank’s parent company and two senior executives are facing a class-action lawsuit in the United States, where shareholders have accused the financial institution of failing to disclose the risks that anticipated interest rate hikes would have on its business.

The lawsuit, filed in federal court in the Northern District of California on Monday, is seeking unspecified damages from SVB Financial Group and its Chief Financial Officer Daniel Beck, as well as the bank’s Chief Executive Officer Greg Becker.

The bank collapsed and its assets were seized by the US government late last week after a mass withdrawal of funds by customers.

The agency cited concerns over the lenders’ reliance on uninsured deposit funding and unrealized losses in their asset portfolios. “The review for downgrade reflects the extremely volatile funding conditions for some US banks exposed to the risk of uninsured deposit outflows,” it stated. Moody’s also slashed the debt ratings of collapsed New York-based Signature Bank deep into junk territory, withdrawing future ratings for the insolvent lender. The downgrades come while US bank stocks have continued to plummet despite the government’s measures to support lenders and prevent more bank runs. First Republic Bank has led the sell-off, with its share price nosediving more than 60% on Monday, forcing a brief halt in trading due to volatility. Western Alliance Bancorp lost over 47% while Zions Bancorp declined by about 26%. Dallas-based Comerica dropped 28% and UMB lost more than 15%.

The Federal Trade Commission has finalized an order requiring Epic Games, the maker of the Fortnite video game, to pay $245 million to consumers to settle charges that the company used dark patterns to trick players into making unwanted purchases and let children rack up unauthorized charges without any parental involvement.

In a complaint announced in December as part of a settlement package with Epic, the FTC said that Epic deployed a variety of design tricks known as dark patterns aimed at getting consumers of all ages to make unintended in-game purchases. Fortnite’s counterintuitive, inconsistent, and confusing button configuration led players to incur unwanted charges based on the press of a single button. The company also made it easy for children to make purchases while playing Fortnite without requiring any parental consent. According to the FTC’s complaint, Epic also locked the accounts of customers who disputed unauthorized charges with their credit card companies.

The International Criminal Court is expected to seek the arrest of Russian officials for forcibly deporting children from Ukraine and targeting civilian infrastructure, a source said on Monday, in what would be the first international war crimes cases arising from Moscow’s invasion.

The source said the arrest warrants could include the crime of genocide, and were expected to arrive in the “short term” if the court prosecutor’s request was approved by a pre-trial judge at the Hague-based court. It was unclear which Russian officials the prosecutor might seek warrants against.

The office of the prosecutor at the ICC declined to comment.

Russia’s defense ministry did not immediately respond to a request for comment.

Moscow would be certain to reject any arrest warrants against any of its officials. But an international war crimes prosecution could deepen Moscow’s diplomatic isolation and make it difficult for those accused to travel abroad.
The source said the arrest warrants could include the crime of genocide, and were expected to arrive in the “short term” if the court prosecutor’s request was approved by a pre-trial judge at the Hague-based court. It was unclear which Russian officials the prosecutor might seek warrants against.

According to Andrew Adams, the group has focused on identifying those who are helping Russians to avoid sanctions and export controls. “I think it can be quite effective to be sanctioning facilitators,” Adams said, calling them “professional sanctions evasion brokers.” A recent report from the Treasury Department showed that more than $58 billion worth of sanctioned Russian assets have been blocked or frozen worldwide so far. Adams pointed out that KleptoCapture aims to sell the frozen yachts and other property of sanctioned Russians, despite the legal difficulties, and use the proceeds for the benefit of Ukraine. He noted, however, that this would be done in accordance with the law.

U.S. Attorney Damian Williams said: “As alleged, at the direction of its founder and CEO Laura Perryman, Stimwave created a dummy medical device component — made entirely of plastic — designed to be implanted in patients for the sole purpose of causing doctors to unwittingly bill Medicare and private insurance companies more than $16,000 for each implantation of the piece of plastic.  The defendant and Stimwave did this so that they could charge medical providers many thousands of dollars for purchasing their medical device.  Our Office will continue to do everything in its power to bring to justice anyone responsible for perpetuating health care fraud, which in this case led to patients being used as nothing more than tools for financial enrichment.”

The ban will be imposed next week and reevaluated after six months, De Croo said in a statement. Government employees will be allowed to use the app on their personal devices, but not on any devices “whose purchase, subscription or use are partly or fully paid for by the federal government.” Citing reports by the Belgian State Security Service and Centre for Cybersecurity, De Croo claimed that TikTok collects large amounts of user data, manipulates the information users are exposed to, and cooperates with Chinese spy agencies. “We must not be naive,” De Croo said. “TikTok is a Chinese company that today is obliged to cooperate with the Chinese intelligence services.”

The verdict follows Ng’s initial conviction back in April last year, when he was found guilty of helping Tim Leissner, his former boss at Goldman Sachs, drain money from the fund. Goldman Sachs helped 1MDB, a fund set up in 2009 to finance development projects in Malaysia, raise $6.5 billion through bond sales back in 2012 and 2013. According to US prosecutors, some $4.5 billion of these funds were diverted by Ng and his co-conspirators in the process. They were then used for bribes to government officials, purchases of high-end real estate and other luxury items. According to the Department of Justice, some of the money even went to finance the 2013 Leonardo DiCaprio film ‘The Wolf of Wall Street’, which is itself a story of defrauding and money laundering. According to US District Judge Margo Brodie, Ng and his co-defendants “effectively stole money” that was supposed to go toward infrastructure and economic development projects in Malaysia. “There is a critical need to deter crimes of pure greed like this one,” Brodie said, commenting on the sentence. Ng pleaded not guilty and said that the $35 million he was accused of getting in payments from the embezzlement scheme were in fact a return on his wife’s investment. The former banker plans to file an appeal.

The US Justice Department announced on Wednesday having obtained a warrant to seize a Boeing 737-7JU aircraft owned by Russian oil company Rosneft and worth approximately $25 million.  The court documents cited in the press release states the probable cause for the intended seizure as violations of the Export Control Reform Act (ECRA) and of the recent sanctions issued against Russia.  Those sanctions bar a plane that was built or manufactured in the US from entering Russia without a valid license, the report stated. Airplanes and aircraft parts are subject to export rules because of their potential military use and national security implications.  “Specifically, since February 2022, when the export controls that bar the United States-built plane’s re-entry to Russia went into effect, the plane has left and reentered Russia at least seven times, in violation of federal law,” the press release said. “The Boeing jet, which was manufactured in the United States, was last in the United States in March 2014, and is currently believed to be in, or traveling to or from, Russia,” it continued.  In August, the Justice Department was approved by a US court to seize a plane belonging to another Russian energy company, a $45-million jet reportedly owned by oil major Lukoil.

The United States has imposed sanctions on 39 entities, including many based in the United Arab Emirates and Hong Kong, that Washington said facilitate Iran’s access to the global financial system, describing them as a “shadow banking” network that moves billions of dollars.

The US Treasury Department said in a statement on Thursday that those included in the sanctions had granted companies previously slapped with Iran-related sanctions – such as Persian Gulf Petrochemical Industry Commercial Co (PGPICC) and Triliance Petrochemical Co Ltd – access to the international financial system and helped them hide their trade with foreign customers.