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Inflation Reduction Act
Winter 2021 Edition, NABL Column Federal Securities Law
Article originally appeared in The Bond Buyer. Transition Former SEC Chairman Jay Clayton’s last day at the SEC was December 23, 2020. [1] Commissioner Elad L. Roisman was designated Acting Chairman by then President Trump on December 23, 2020, effective...
Spotlight on Public Finance: Rule 15c2-12 Amendments
On February 27, 2019, significant amendments to U.S. Securities and Exchange Commission Rule 15c2-12 will become effective. Join former SEC attorneys Paul Maco and Ed Fierro as we discuss the impact of the amendments on the (i) initial offering and...
Sophisticated International Hackers Continue to Target the Public Sector
On November 26, 2018, the U.S. Department of Justice announced that it had secured an indictment of two hackers for using ransomware to extort over $6 million from municipalities, hospitals, and other public institutions. The very next day, a federal...
Disclosure Training Webinar
The U.S. Securities and Exchange Commission (SEC) remains focused on disclosure in the municipal securities market. The SEC has stated that disclosure policies and procedures help prevent violations of the federal securities laws. The SEC has also routinely highlighted the...
This Time is Different: What You Need to Know Now About the New Rule 15c2-12 Events
On August 20, the Securities and Exchange Commission added two events to the existing fourteen events under Rule 15c2-12, 1 which requires certain notice filings with the Municipal Securities Rulemaking Board’s EMMA system within ten business days of occurrence. The...
SEC Adopts Amendments to Rule 15c2-12
On August 20, 2018, the U.S. Securities and Exchange Commission (“SEC”) announced it adopted amendments to Rule 15c2-12 of the Securities Exchange Act (“Rule 15c2-12”). Rule 15c2-12 requires brokers, dealers, and municipal securities dealers that are acting as underwriters in...
SEC Revokes Firm Registration and Bars Municipal Advisor Following Court Sanctions
On June 29, 2018 Judge Halil Suleyman Ozerden of the Southern District of Mississippi entered judgments against Malachi Financial Products, Inc., and its president and sole shareholder, Porter B. Bingham, for alleged violations of the Securities Exchange Act of 1934...
SEC Charges Texas-Based Municipal Advisor with Fraud and Breach of Fiduciary Duty
On May 9, 2018, the U.S. Securities and Exchange Commission ("SEC") announced it charged a registered municipal advisor (the "MA Firm") and its owner (the "MA Owner") with defrauding their client, a Texas school district, in connection with multiple municipal...
SEC Charges Additional Municipal Official With Securities Fraud In Connection With Oyster Bay Loan Guarantee Scheme
On March 1, 2018, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint in U.S. District Court for the Eastern District of New York (“Court”) charging Leonard Genova, town attorney and deputy supervisor for the Town of Oyster Bay...
MSRB Comment Request on Draft FAQs Regarding Rule G-42 and Making Recommendations
On February 15, 2018, the Municipal Securities Rulemaking Board (“MSRB”) published Notice 2018-03 , requesting comment on draft frequently asked questions and proposed responses (“FAQs”). The draft FAQs address duties of non-solicitor municipal advisors related to providing “advice” and “recommendations”...
SEC's Office of Compliance Inspections and Examinations 2018 Examination Priorities
On February 7, 2018, the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (“SEC”) published its 2018 examination priorities . OCIE’s examination priorities are described in five categories: (1) matters of importance to retail...
Municipal Advisor Firm and Principal Charged with Fraudulent Practices and Breach of Fiduciary Duty as SEC Continues Enforcement Focus
The SEC charged registered municipal advisor Malachi Financial Products, Inc. and its principal Porter B. Bingham with violations of Sections 15B(a)(5) and 15B(c)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) and Municipal Securities Rulemaking Board (“MSRB”) Rule G-17...
Former Mayor Charged by SEC and DOJ with Securities Fraud and Pay-to-Play Scheme
On December 1, 2017, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint in the U.S. District Court for the Northern District of Illinois charging David Webb, Jr. (“Webb”), mayor of Markham, Illinois from 2001 until May 3, 2017...
Disclosure Considerations and Tax Reform
The impact of tax reform is on the minds of many. While there are currently many unknowns, municipal issuers and conduit borrowers (collectively, “obligated persons”) should consider whether changes in tax law could impact their disclosure obligations. The Securities and...
Former Municipal Official in the Spotlight as SEC Files Complaint Charging Securities Fraud and DOJ Files Superseding Indictment Alleging Wire Fraud in Securities Offerings
On November 21, 2017, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint charging Oyster Bay, New York (the “Town”), along with its former Supervisor and Chief Executive Officer, John Venditto, with defrauding investors in Oyster Bay’s municipal securities...