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SEC Oversight

United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises

Published: 2009

Total Pages: 96


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A shocking appraisal that shows how Wall Street is intrinsically corrupt—and what individual investors can do to protect themselves For several years high-profile corporate wrongdoers have been vilified by the media. Yet the problem, according to Gary Weiss, is not just a few isolated instances of malfeasance. The problem is in the very fabric of Wall Street and its practices that enable and even encourage corruption—practices that are so pervasive and so difficult to combat that they are in effect perfect crimes, with the small investor left holding the bag. In this blistering report from the front, Weiss describes how the ethos of Mafia chophouses, boiler rooms, and penny stock peddlers now permeates all of Wall Street. Protected from investor lawsuits by laughably corrupt arbitration systems, Wall Street firms are free to fleece unsuspecting clients with little or no risk. But as this empowering book shows, ordinary investors can fight back and come out on top—if they learn to recognize warning signs, filter media chatter, and spot looming corporate meltdowns in advance. Prepare to be surprised, get angry, and then get even. Wall Street Versus America is a wild ride you can’t afford to miss.
This new Second Edition completely updates the first edition published in 1997. Included is comprehensive coverage to proven approaches and techniques for dealing with an enforcement threat from the SEC, self regulatory organizations, or state securities regulators. It takes you step-by-step through enforcement investigations and proceedings, providing you with strategies to influence the outcome of an investigation and prevent or minimize the adverse effects of enforcement actions.
The Ninth Edition of Securities Regulation: Cases and Materials brings onboard two new co-authors—Ann Lipton and William Sjostrom—to a casebook that has long set the standard for providing students with an in-depth, sophisticated, practical look at contemporary securities law. As it has since its first edition, Securities Regulation: Cases and Materials contains a very teachable mix of problems, cases, and textual material, encouraging students to build their knowledge base by being active problem-solvers. Always forward-thinking, stressing current developments and controversies, the book is also highly modular, so that professors can easily pick and choose how to structure their courses without being locked into any given progression. New to the Ninth Edition: Coverage of “cryptocurrencies” and coin offerings Commentary on market developments such as indexing and algorithmic trading A tighter set of problems and materials on gun-jumping under Section 5 The SEC’s latest reforms of Regulation D and the intrastate offering exemption Spotify and the trend toward direct listings as a way of going public Coverage of Supreme Court decisions from the last three years, including Lorenzo, Salman, Cyan, Lucia, and Kokesh, as well as important lower court cases The SEC broker-dealer proposal (and perhaps adoption) of Regulation Best Interest Professors and students will benefit from: The book’s highly modular organization, enabling different teaching formats and coverage Concise notes that introduce the reader to both theory and real-life practice issues A book that is always up to date and on the cutting edge
Rigged financial markets and hopeless under-regulation on Wall Street are not new problems. In this book, Susanne Trimbath gives a sobering account of naked short selling, the failure to settle, and her efforts over decades, trying to get this fixed. Twenty-five years ago, Trimbath was working “backstage at Wall Street” when a group of corporate trust specialists told her about a problem in shareholder voting rights. When she went to senior management at Depository Trust Company (DTC), then and still the largest securities depository in the world, they brushed it off saying, “You can’t balance the world.” Ten years later, a lawyer from Texas would tell her that the same problem was about to blow up the financial markets: Wall Street brokers are using short sales and fails to deliver to grab the assets of American entrepreneurs. This is a cautionary tale. What started as a regulatory failure turned into a regulatory crisis. Shareholder democracy is in shambles. The institutions that were established to correct a problem of trade settlement failures have instead exacerbated the problem. Global financial markets may not survive what comes next.
The Regulation of Corporate Disclosure is a one-volume treatise on the disclosure regime in place under the Federal securities laws. The treatise addresses the formal disclosure process (periodic reports, MD&A, Regulation FD), the informal disclosure process (press releases, social media, discussions with analysts), and the application of the antifraud provisions to these communications. The treatise includes chapters on scienter and materiality, and also addresses communications with and disclosure obligations to shareholders. The Fourth Edition has been significantly revised and, among other topics, includes coverage of: The duties and responsibilities of corporate officials relating to the disclosure process The most recent cases addressing disclosure issues, including decisions by the Supreme Court on topics such as the application of the antifraud provisions to beliefs and opinions Pronouncements by the U.S. Securities and Exchange Commission on disclosure issues, including consideration of the SEC's efforts to improve disclosure effectiveness The developing need to consider disclosure of public interest matters, including the effects of climate change on a company's business The disclosure requirements applicable to the proxy process, including the system for uncovering the identity of street name owners State disclosure obligations of the board of directors under its fiduciary obligations to shareholders.