Search for: "Securities And Exchange Commission"
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21 Nov 4:14 pm
/**/ To the Securities and Exchange Commission: On
November 18, 2009, Overstock.com (NASDAQ: OSTK) held conference call where CEO Patrick M. Byrne, company President Jonathan E. Johnson, and CFO Steve ... from underbilling of its
fulfillment partners in 2008 was assured, contrary to its disclosure that "the recovery of such amounts was not assured, and that consequently the potential recoveries
constituted a gain contingency." The company failed to make a reasonable estimate of amounts collectable ...
4 Aug 9:52 pm
... such accrued income in each restated financial period with a reasonable estimate of uncollectable underbilled amounts. The Securities
and Exchange Commission's interpretation of accounting rules is that "GAAP do not allow for
the deferral ... disputes from its average customers. Overstock.com violated GAAP by immediately claiming that a "gain contingency" existed and not considering material
subsequent events The claim by the company that it immediately determined that a "gain contingency" existed ...
21 Sep 7:29 pm
... for offsetting costs and reimbursements. While Overstock.com restated prior financial reports to correct its customer refund and credit errors, it failed to make
offsetting corrections for underbilling income due from its fulfillment partners in those same ... financial results in future reporting periods. For more details, please read my "Open
Letter to the Securities and Exchange Commission"
Blog post, here. How Overstock.com's GAAP violations materially overstated future financial performance ...
26 Apr, 2007 8:57 am
... governance process. The SEC has traditionally been consigned to disclosure, with substance left to the states. In fact, the Commission has
long been involved in the substance of governance. We will be talking more about this topic in future posts. Thepaper ... can be found on SSRN. The abstract is below. Comments are
invited. Abstract This article explores the role of the Securities and Exchange
Commission in the corporate governance process. Traditionally, most have viewed substance as a matter for ...
16 Oct, 2008 7:04 pm
This month, the US Securities and Exchange Commission filed a civil lawsuit against five World Group Securities brokers for allegedly pushing investors into
refinancing their homes with subprime mortgages. The SEC is ... to fraudulently sell them unsuitable securities-primarily variable universal
life policies. Because most of the investors who were persuaded to purchase the securities lacked the funds or income to do so, the defendants
allegedly persuaded them to come up with the money through the ...
15 Mar, 2007 10:46 am
... manipulate. These traders made at least $732,000 with their alleged pump-and-dump scheme, costing brokerage firms about $2 million. An investor alert has ... intrusion. It is
interesting to see the difference between how the SEC acts to protect brokerage firms and what it will do for investors. When nearly $ 2 Million was lost in more than 40 accounts
... Based Account Intrusion Scheme, SEC.gov, March 7, 2007 Securities and Exchange
Commission v. One or More Unknown Traders in the Common Stock of Certain ...
29 Jan, 2007 4:46 am
The SEC (Securities and Exchange Commission) says
that it has approved a number of improvements made by the National Association of Securities Dealers to their Code of Arbitration Procedure.
The newly approved Code describes best practices ... for these types of disputes. Lists of arbitrators from the NASD roster will be selected randomly by its new MATRICS (Mediation
and Arbitration Tracking Retrieval Interactive Case System) technology platform. This is intended to give all qualified arbitrators an ...
28 Feb, 2007 12:00 pm
... ., Civil Action No. 07CV1439 (LAP) (S.D.N.Y.) The Securities and Exchange Commission announced today that it filed an injunctive action in United States District Court ... January 2006 to February 2007, Louis W. Zehil ("Zehil"), a
corporate attorney, and two entities he controlled, Strong Branch Ventures IV LP ("Strong") ... Judge Preska entered an order granting a preliminary injunction, an asset freeze,
the appointment of a receiver and other relief. For the complete release, click here. Source: U.S. ...
22 May, 2007 12:19 am
... options for TXU Corp that were based on insider information regarding an investment group's leveraged buyout of the entity. The commission
filed its third amended complaint in the U.S. District Court for the Northern District of Illinois. The SEC is ... attorney, contact Shepherd Smith and Edwards to schedule an
appointment for your free consultation. Related Web Resources: Securities and Exchange
Commission Charges Ajaz Rahim, Pakistani Banker, With Insider Trading, SEC.gov SEC: asset freeze against ...
3 Feb, 2008 10:42 pm
... initial letter is one of many which are demonstrative of the SEC implementing its pre-1990 interpretation of the Rule, which the Commission
now concedes as a "mistake." III. Rationale behind Increasing Shareholder Power When analyzing Professor Bebchuk's articles, ... Letter from Peter Montagnon, Director of Investment
Affairs, Association of British Insurers, to Christopher Cox, Chairman, Securities and Exchange Commission (Oct. 16, 2006) (on file with the SEC). [2] Margaret Blair & Lynn Stout, ...
25 Jun, 2008 7:17 pm
Without admitting to our denying any wrongdoing, Citigroup has agreed to settle Securities and Exchange Commission charges that it took part in improper accounting related to specific Argentine bonds. According
to the SEC, ... . The SEC says that Citigroup dealt with these areas in a way that did not adhere to generally accepted accounting principals, and, as a result, the bank
overstated its income, which allowed it to exceed its earning expectations. Conforming to GAAP would have decreased its ...
5 Feb 12:13 pm
... SEC ) as related to the Madoff ponzi scheme: The Securities and Exchange Commission (SEC) has posted information for Madoff investors at: [www.sec.gov] See also NYT article ... Picard, the court appointed trustee in charge of
liquidating Mr. Madoff's assets, or the Securities Investor Protection Corporation. Soon after learning the list had been released, ... 2009
Wall Street Journal Article, "Madoff Clients Exposeed," by Dionne Searcey and Amir Efranti, pages A1, A10. We recommend that you read their ...
26 Feb, 2007 9:45 am
SEC v. Crestview Capital Partners, LLC and Stewart R. Flink, Civil Action No. 07C-1090 (N.D. Ill.) The Securities and
Exchange Commission (Commission) today filed a settled
civil injunctive action against a Northbrook, Illinois hedge fund adviser, Crestview Capital Partners, LLC (Crestview), and one of its managing members, Stewart R. Flink,
charging them with making fraudulent representations in connection with investments by Crestview-managed funds ...
4 May, 2007 9:28 am
... Brod's wrongful activities are in violation of his company's ethics, as well as the antifraud and reporting provisions of the 1940 Investment Company Act. SEC rules mandate
that Brod turn ... ING Investment Management Co., fired Brod in 2003. For many years, Shepherd Smith and Edwards has helped investors who have lost money. because of the
misconduct of brokers ... Law, Forbes.com/AP, April 10, 2007 Read the SEC Order Against Brod (PDF) U.S. Securities and Exchange Commission ING Investment Management
8 Feb, 2008 5:51 am
... s ("FSA") bond insurance unit reported in an 8-K filed February 4, 2008, that the U.S. Securities and Exchange Commission (the "SEC") may bring a complaint against the company as part of an investigation into whether
bids were rigged ... Notice indicates that the SEC staff is considering recommending that the SEC authorize the staff to bring a civil injunctive action and/or institute
administrative proceedings against the Company, alleging violations of Section 10(b) of the Securities Exchange Act ...
2 Nov 6:00 am
... vague question. Presumably it referred mostly to the shareholder bill of rights, something that would indirectly allow the Commission to
regulate governance practices through the use of listing standards. His response was excoriating. Chief Justice Steele ... , whatever one thinks of the answer, it likely reflects the
views of the Delaware courts in general towards the Securities and Exchange Commission. With Delaware courts locked into a pro-management position, it is perhaps unsurprising that they ...
3 May, 2007 9:27 am
... doesn't see arbitration as a remedy for all problems. He has a track record of trying to limit what he considers to be excessive securities
regulation. Just this year, the SEC supported business in a "friend of the court" brief that was part of a Supreme Court case that had to do ... ) 259-9010 for your free consultation.
SEC Explores Opening Door To Arbitration, Wall Street Journal, April 16, 2007 Related Web Resources: Securities and Exchange Commission How The Securities Arbitration Process Works
20 Aug 5:37 am
The U. S. Securities and Exchange Commission has
accused Medical Capital Corporation (MCC), Medical Capital Holdings, Inc (MCHI) and Medical Provider Funding Corporation VI (MP VI) (collectively, "Medical Capital") of
securities fraud. Specifically, the SEC has alleged in a lawsuit that Medical Capital defrauded investors by misappropriating about $18.5
million of investor funds and by misrepresenting that no prior Medical Capital securities offerings had defaulted on or ...
20 Aug 5:37 am
The U. S. Securities and Exchange Commission has
accused Medical Capital Corporation (MCC), Medical Capital Holdings, Inc (MCHI) and Medical Provider Funding Corporation VI (MP VI) (collectively, "Medical Capital") of
securities fraud. Specifically, the SEC has alleged in a lawsuit that Medical Capital defrauded investors by misappropriating about $18.5
million of investor funds and by misrepresenting that no prior Medical Capital securities offerings had defaulted on or ...
20 Aug 5:37 am
The U. S. Securities and Exchange Commission has
accused Medical Capital Corporation (MCC), Medical Capital Holdings, Inc (MCHI) and Medical Provider Funding Corporation VI (MP VI) (collectively, "Medical Capital") of
securities fraud. Specifically, the SEC has alleged in a lawsuit that Medical Capital defrauded investors by misappropriating about $18.5
million of investor funds and by misrepresenting that no prior Medical Capital securities offerings had defaulted on or ...
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