SEC Files Settled Charges Against J.P. Morgan for Violating Whistleblower Protection Rule

Plus will ETFs just "make Bitcoin's problems even worse?"

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Jina Choi, former Regional Director of the SEC’s San Francisco office, has joined the U.S. Attorney’s Office for the Northern District of California as Chief of the Corporate and Securities Fraud Section.

Kimberly Hamm, former Chief Counsel to SEC Chair Jay Clayton, is joining Mayer Brown as a partner in its in Washington D.C. office.

Raul Yanes, former Head of Non-Financial Risk at Morgan Stanley, is rejoining Davis Polk as a partner in the firm’s New York office.

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J.P. Morgan to Pay $18 Million for Violating Whistleblower Protection Rule

The Securities and Exchange Commission today announced settled charges against J.P. Morgan Securities LLC (JPMS) for impeding hundreds of advisory clients and brokerage customers from reporting potential securities law violations to the SEC. JPMS agreed to pay an $18 million civil penalty to settle the charges.

According to the SEC’s order, from March 2020 through July 2023, JPMS regularly asked retail clients to sign confidential release agreements if they had been issued a credit or settlement from the firm of more than $1,000. The agreements required the clients to keep confidential the settlement, all underlying facts relating to the settlement, and all information relating to the account at issue. In addition, even though the agreements permitted clients to respond to SEC inquiries, they did not permit clients to voluntarily contact the SEC.

by SEC Press Release

👉 The SEC Order is here.

Commenting on this case yesterday, Coates Lear wrote on LinkedIn:

“Clients who find themselves in the SEC’s crosshairs often will point to factors that they think should cause the agency to give them a “pass”: We didn’t mean to violate the law; we relied on input from lawyers or other advisors; no one was harmed; we fixed the problem as soon as we became aware of it, etc. If true, those factors will affect what charges the SEC can bring and should help with settlement negotiations (though, to what extent, it’s hard to say). But when it comes to deciding whether to charge a violation, the SEC Does. Not. Care.”

ETFs Make Bitcoin’s Problems Even Worse

The pitch now being made by many, including Laurence Fink, chairman and CEO of BlackRock, one of those launching an ETF, is that bitcoin should be digital gold, holding its value in a crisis.

So far there’s zero evidence that bitcoin works as digital gold. And bitcoin ETFs are likely to make its bad performance in crises even worse, by bringing in even more speculators to what’s already mostly a speculative asset.

In both the bank runs of March 2023 and the pandemic panic of March 2020, bitcoin proved to be digital fool’s gold, plunging at the first sign of trouble. From its February 2020 high to the low a month later it halved, while the S&P 500 lost a third of its value from high to low and gold fell 6%. In 2023’s bank runs, bitcoin lost almost 20% from its February high to the March low, four times as much as the S&P. Gold lost just 1%.

by WSJ

Coinbase’s SEC Clash Faces First Major Test as U.S. Judge Weighs Longshot Dismissal

Coinbase is about to make its case in a federal courtroom that the U.S. Securities and Exchange Commission (SEC) is wrong about its legal arguments that the crypto exchange has been trading unregistered securities. What the New York judge does next could have serious consequences for the wider industry’s clashes with the regulator.

The company has asked Judge Katherine Polk Failla of the U.S. District Court for the Southern District of New York to throw out the case – a longshot request, but one that she may be taking very seriously. She’s booked four hours of back-and-forth with Coinbase and the SEC on Wednesday – an unusual depth of oral arguments for such a motion, which often tends to favor the government side in this kind of enforcement case.

“When the government is suing people they usually don’t lose on summary judgment motions,” said Patrick McCarty, a financial consultant and former SEC lawyer who teaches crypto classes at Georgetown Law. “But it’s possible – very possible.”

by Bloomberg Law

Nasdaq CEO: Financial crime is now a multitrillion-dollar epidemic

In 2023, more than $3 trillion in illicit funds flowed through the global financial system, according to Nasdaq’s research. The breakdown: $782.9 billion in drug trafficking activity, $346.7 billion in human trafficking, and $11.5 billion in terrorist financing.

In addition, there were $485.6 billion in losses from a range of fraud scams and bank fraud schemes worldwide.

“Those are just staggering statistics,” Nasdaq CEO Adena Friedman told Yahoo Finance Live at the World Economic Forum in Davos, Switzerland.

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Given the scope of the problem, Friedman — head of Nasdaq since 2017 — has sought to reposition the stock exchange from solely a destination to list and trade tech stocks to helping institutions to address fraud.

by Yahoo! Finance

After the ETF: Bitcoin’s Coming Power Struggle

A sizable crypto community’s presence at the World Economic Forum in Switzerland this week highlights an inherent tension: on the one hand, the industry’s desire for acceptance by the business establishment and, on the other, a concern that engaging with it could undermine crypto’s disruptive, rebellious ethos.

by CoinDesk

Crypto firm Ripple explored IPO outside U.S. but won’t go public soon

Garlinghouse told CNBC in 2022 that Ripple, the company behind the cryptocurrency XRP , will explore a public listing after its lawsuit with the U.S. Securities and Exchange Commission ends. The lawsuit, which began in 2020, is still ongoing.

However, speaking to CNBC at the World Economic Forum in Davos, Switzerland, Garlinghouse said Ripple has “looked at other jurisdictions that have clear rules of the road,” to go public.

The Ripple CEO said his company has not gone public in the U.S. yet because of the SEC’s actions.

“In the United States, trying to go public with a very hostile regulator that’s approved your S-1, that doesn’t sound like a lot of fun to me,” Garlinghouse said.

“Coinbase obviously had their S-1 approved. And now the SEC is suing them for doing things that was outlined in their S-1.”

by CNBC

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FTI Consulting’s December 2023 Activism Vulnerability Report highlights industries vulnerable to shareholder activism through the year-end. Despite expectations following the introduction of the UPC last year, U.S. shareholder activism remains at or below previous years' levels during the 2023 proxy season.

The third quarter results of our Activism Vulnerability Screener returned to the historical trend of relative stability following the exceptionally volatile rankings of the second quarter of this year. Highlights include:

  • Biotechnology and Aviation & Airlines now lead the vulnerability list. 

  • Financial Conglomerates made the most significant move, climbing 12 spots to 19th.

  • The Automotive industry rose nine spots to 12th due to fall labor strikes, impacting production.

  • The TMT sector experienced a surge in activity, with a 120% increase in campaigns during 3Q compared to the same quarter last year.

Stay informed about the shifting landscape of shareholder activism by reading our latest report: https://bit.ly/3PxbKZu

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