Posts in Case Summaries
SEC v. Cary: Accounting Consultant Charged with Insider Trading

In SEC v. Cary, No. 8:17-cv-01649, 2017 (C.D. Cal. Sept. 21, 2017), the United States Securities and Exchange Commission (“SEC”) filed a complaint against Justin Samuel Cary (“Cary”) in the United States District Court for the Central District of California for alleged violations of the Securities Exchange Act Section 10(b) (“§ 10b”) and Rules 10b-5(a) and 10b-5(c) promulgated thereunder.

According to the complaint, Cary, a certified public accountant, worked as a consultant for NOW CFO, an accounting outsourcing firm.  NOW CFO placed Cary as a consultant with Adaptive Medias from March 2013 through March 2016.  Cary prepared financial statements for Adaptive Medias that were filed with the SEC, and acted as Adaptive Medias’ point of contact for its independent auditors.

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SEC v. Riel: Summary Judgment & Default Judgment Granted

In SEC v. Riel, No. 5:15-CV-1166 (MAD/DEP), 2017 BL 342140 (N.D.N.Y. Sept. 27, 2017), the United States District Court for the Northern District of New York granted in part and denied in part the Security Exchange Commission’s (“SEC”) motion for summary judgment against Charles Riel III (“Riel”), and granted the SEC’s motion for default judgment against REinvest, LLC (“REinvest”) (collectively “Defendants”), for Defendants’ violations of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), Rule 10b-5 thereunder, and Section 17(a) of the Securities Act of 1933 (“Securities Act”), and Riel’s alleged violations of Sections 20(a) and 20(e) of the Exchange Act, and Section 15(b) of the Securities Act.

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SEC v. Hovannisian: Executive Family Members Settle Insider Trading Claims

In SEC v. Hovannisian, No. 1:17-at-00617, 2017 (E.D. Cal. Aug. 10, 2017), defendants Damon Hovannisian, Vernon Hovannisian, Vincent Hovannisian, and Eddie Arakelian (collectively “Defendants”) consented to the entry of a permanent injunction against them, prohibiting future violations of the Securities Exchange Act Section 10(b) (“§ 10b”) and disgorgement of profits including prejudgment interest totaling $470,000 to settle securities fraud claims brought by the United States Securities and Exchange Commission (“SEC”) in United States District Court for the Eastern District of California.

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