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- SEC Charges Investment Adviser and Owner with Cherry-Picking Profitable Trades đ
SEC Charges Investment Adviser and Owner with Cherry-Picking Profitable Trades đ
Plus the stampede of top execs leaving Binance.US continues.
Good morning and Happy Friday! Hereâs whatâs up.
People
Terry R. Weiss and Stefanie Wayco have joined Duane Morris LLP as partners in the firmâs Atlanta office.
Clips âď¸
SEC Charges Connecticut Advisory Firm GlennCap and its Owner with Cherry-Picking
The Securities and Exchange Commission today announced settled fraud charges against GlennCap LLC, a Connecticut-based investment advisory firm, and its owner, Jonathan Vincent Glenn, for allocating profitable securities trades to favored accounts, including GlennCapâs own accounts and client accounts that paid GlennCap a higher percentage of positive returns in fees, while allocating a disproportionate amount of unprofitable trades to disfavored clients, a practice known as cherry-picking.
According to the SECâs order, between at least January 2020 and March 2022, Glenn, who was also an investment adviser representative of GlennCap, engaged in block trading, which allowed him to pool funds from multiple clientsâ accounts into trades, and then, after seeing whether a position increased or decreased in value, he allocated the more profitable trades to accounts that he favored. The probability that the favored accounts received the more profitable trades by chance was statistically nearly zero. The SECâs order finds that Glenn and GlennCap received at least $2.7 million in profits from the cherry-picking scheme. Further, the SEC order found that Glenn made false and misleading statements regarding GlennCapâs trading practices in documents it provided to clients and prospective clients.
đ The SECâs Order is here.
Binance.US Legal, Risk Executives Leave the Crypto Exchange
Key risk and legal executives are leaving Binance.US at the same time the crypto exchange is under intense pressure from regulators.
Krishna Juvvadi, head of legal, and Sidney Majalya, chief risk officer, are leaving the company, according to people familiar with the departures. The departures follow the departure earlier this week of CEO Brian Shroder.
Binance.US has been accused of not cooperating in a probe by the Securities and Exchange Commission, which has said the companyâs staking, clearing and brokerage services violate federal securities law, in court filings unsealed Thursday.
Federal U.S. regulators worry the crypto exchangeâs use of Ceffu, a custody service offered by Binanceâs international arm, violates a previous deal intended to stop assets being squirreled overseas.
Binance.USâ holding company, known as BAM, has provided âonly approximately 220 documents ⌠many that consist of unintelligible screenshots and documents without dates or signatures,â the SEC said, of the process of evidence-gathering known as discovery.
đ The SECâs Memorandum is here.
Apple video on climate change featuring Octavia Spencer is slammed
A short film by Apple that cast Oscar-winner Octavia Spencer as Mother Nature in which she scolds CEO Tim Cook was met with scorn and derision for âgreenwashingâ the tech giantâs carbon footprint.
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âLetâs cut to the chase,â she tells Cook. âIn 2020, you promised to bring Appleâs entire carbon footprint to zero by 2030.â
âHenry David Thoreau over here said, âWe have a profound opportunity to build a more sustainable future for the planet we share,ââ Mother Nature adds, quoting Cook, who gave a befuddled look after her reference to the famed naturalist and author of âWalden.â
The executives respond by running down a list of steps that the tech giant has taken toward carbon neutrality, including eliminating plastic from its packaging and operating on clean energy.
đ âSlammedâ by some, loved by others. Love it or hate it, the video is very well done and different:
Top crypto state regulator to step down, headed to private sector
One of cryptoâs top state regulators is leaving his post by the end of the month, FOX Business has learned.
Peter Marton, deputy superintendent of virtual currency at the New York State Department of Financial Services, will step down from his job effective Sept. 29, according to an internal memo seen by FOX Business.
The memo and Martonâs departure havenât been publicly reported. In it, the departmentâs superintendent, Adrienne Harris, said Marton will pursue opportunities in the private sector.
Ex-Celsius crypto lender exec Cohen-Pavon pleads guilty, will cooperate with US probe
Roni Cohen-Pavon, a former executive at Alex Mashinskyâs now-bankrupt cryptocurrency lender Celsius Network, has pleaded guilty to U.S. criminal charges and agreed to cooperate with prosecutorsâ investigations.
Cohen-Pavon, Celsiusâ former chief revenue officer, admitted to four charges, including manipulating the price of the exchangeâs crypto token Cel, at a Wednesday hearing before U.S. District Judge John Koeltl in Manhattan, court records showed on Thursday.
SEC Panel Set to Push Workforce Diversity Reporting Requirements
The SEC should require more workforce disclosures from companies to include employee diversity reporting, the agencyâs advisory group for investor matters is preparing to recommend.
The Securities and Exchange Commission should direct companies to report data that may include workersâ gender, race, age, disabilities, and other characteristics important to investors, the agencyâs Investor Advisory Committee said in a draft recommendation released Thursday. The panelâs input comes as the SEC is working to release a workforce disclosure proposal as early as October.
Ex-Deutsche Bank Banker Poised to Plead Guilty to Crypto Fraud
Former Deutsche Bank investment banker Rashawn Russell, who has denied defrauding investors in a cryptocurrency fraud, appears ready to change his mind and plead guilty to fraud charges, court records show.
Russell was indicted in April by federal prosecutors in Brooklyn, New York, accused of duping investors by promising them âguaranteed returns.â
âOne of the Most Hated People in the Worldâ: Sam Bankman-Friedâs 250 Pages of Justifications
At the end of a 15,000-word Twitter thread he never posted, Sam Bankman-Fried, the founder of the failed cryptocurrency exchange FTX, offered a blunt assessment of his predicament.
âIâm broke and wearing an ankle monitor and one of the most hated people in the world,â he wrote. âThere will probably never be anything I can do to make my lifetime impact net positive.â
He added: âAnd the truth is that I did what I thought was right.â
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In a draft of his unsent posts, which he formatted as a series of tweets spanning roughly 70 typed pages, he criticized some of his closest colleagues, interspersing his arguments with photos from his high school years and stock images of popcorn and a garden maze. Every few pages, a key moment in the narrative is accompanied with a link to a music video by Alicia Keys, Katy Perry or Rihanna.
Elizabeth Holmes and âReal Housewivesâ star Jen Shah are prison friends: report trib.al/9tchps7
â New York Post (@nypost)
9:48 PM ⢠Sep 14, 2023
"For a person who is in control of so much, it must be frustrating to not be in control of this film," says "Dumb Money" writer Lauren Schuker Blum on Ken Griffin. "The thing about a Hollywood movie is you can't buy your way out of it."
â Squawk Box (@SquawkCNBC)
12:15 PM ⢠Sep 15, 2023
Iâd like to say I saw this coming butâŚeveryone saw this coming. @RayDalio wants to un-retire and play hero
â Rob Copeland (@realrobcopeland)
11:54 AM ⢠Sep 15, 2023
"Out of an Abundance of Caution" -- One of the Most Insincere and Farcical Phrases Used by Public Companies, Politicians and Spin-Doctors
Recently, especially since the pandemic, there has been a plague of the use of the phrase "out of an abundance of caution." Its use typically⌠twitter.com/i/web/status/1âŚ
â John Reed Stark (@JohnReedStark)
12:13 PM ⢠Sep 15, 2023
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