Legislation of Interest to Capital Raisers
- November 13th, 2017
- Russell Weigel
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The U.S. House of Representatives passed the following bill which was then sent to the U.S. Senate in June 2017. There are 44 related bills reported.“H.R. 10,” the Financial CHOICE Act, is a multi-faceted bill which provides for these changes to…
SUPREME COURT HOLDS THAT SEC DISGORGEMENT ORDERS ARE SUBJECT TO STATUTE OF LIMITATIONS
- June 6th, 2017
- Russell Weigel
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On June 5, 2017 the U.S. Supreme Court announced its unanimous opinion in Kokesh v. SEC holding that the five-year federal statute of limitations on government penalty and forfeiture claims applies to SEC claims for disgorgement. Our firm’s successful federal trial court and…
SUPREME COURT ACCEPTS CERT. IN TENTH CIRCUIT CASE CITING SEC V. GRAHAM AS BEING IN CONFLICT
- January 16th, 2017
- Russell Weigel
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On January 13, 2017 the U.S. Supreme Court granted a petition for certiorari in Kokesh v. SEC, an appeal from a Tenth Circuit case that rejected the Eleventh Circuit’s conclusion in SEC v. Graham that disgorgement orders are forfeitures subject…
INJUNCTIVE RELIEF NOT SO IMPORTANT TO SEC
- January 15th, 2017
- Russell Weigel
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We are pleased to announce that following the remand of SEC v. Graham from the Eleventh Circuit Court of Appeals, the defense’s victory became complete with the SEC’s stipulation of dismissal of its claim for injunctive relief – the only…
SEC DISGORGEMENT ORDERS AND DECLARATORY RELIEF ARE TIME-BARRED, THE ELEVENTH CIRCUIT HOLDS
- May 27th, 2016
- Russell Weigel
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In a first-of-its-kind case on the issues of disgorgement and declaratory relief, an appellate court upheld a federal district court decision throwing out a SEC enforcement case. The Eleventh Circuit Court of Appeals affirmed the district court on the grounds…
REIGNING IN THE 3(A)(10) DEBT-SWAP INDUSTRY – PART ONE
- May 25th, 2016
- Russell Weigel
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Under current federal securities statutes, few categories of transactions permit free trading or unrestricted stock to be issued and immediately resold into the public market without the transaction being subjected to the expense and delay associated with the filing of…
Web-based EB5 Investor Solicitor Sued by SEC
- September 23rd, 2015
- Russell Weigel
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On June 23, 2015, the SEC ordered an EB5 investor-sourcing company to cease and desist from acting as an unregistered securities broker. This case is a shot across the bow of the cottage industry of unlicensed finders and agents of…
Raising Capital? 2 People You Shouldn’t Speak To
- April 9th, 2015
- Russell Weigel
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Raising Capital can be tricky. Make sure you’re speaking to the right people. It is no secret. Raising capital is intrinsic to the success of every business owner. Whether raised by a collaborative effort of friends and family, by…
2 Self-Protection Tips for Immigration Attorneys involved in EB-5 Visa Transactions
- March 26th, 2015
- Russell Weigel
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In EB-5 Visa Transactions, Immigration attorneys can reduce their exposure to SEC enforcement investigations adhering to the following tips: 1. Don’t Be on Both Sides of EB-5 Visa Transactions. EVERY Regional Center EB-5 Investment Opportunity Is a Securities Transaction. Whether or…
SEC v. Minnesota 504 Offering: Update and Epilogue
- January 8th, 2015
- Russell Weigel
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In short, The SEC’s attempt in SEC v. Danny Garber, et al., 12-civ-9339 (S.D.N.Y.), to re-write Regulation D Rule 504 through litigation, as was argued by the defendants, ended in a settlement, which, based upon the amount of money the SEC…
SEC v. Minnesota 504 Offering: Update and Epilogue
- January 8th, 2015
- Russell Weigel
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In short, The SEC’s attempt in SEC v. Danny Garber, et al., 12-civ-9339 (S.D.N.Y.), to re-write Regulation D Rule 504 through litigation, as was argued by the defendants, ended in a settlement, which, based upon the amount of money the SEC…
Issuer Compliance Alert
- September 9th, 2014
- Russell Weigel
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by Securities Attorney: Russell C. Weigel, III Issuers contemplating a capital raise using the new exemptions from registration made available in the JOBS Act must be aware that with freedom comes responsibility. From a compliance perspective, of the various changes…
SEC Enforcement Actions for Civil Penalties: The Road Ahead after Gabelli v. SEC
- July 24th, 2014
- Russell Weigel
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In Gabelli v. SEC, decided in February 2013, the Supreme Court unambiguously prohibited the Securities and Exchange Commission (the “SEC”) from bringing enforcement actions seeking civil penalties in cases of fraud after the applicable statute of limitations period has elapsed….
Russell Weigel’s Investment Attorneys Blog
- July 21st, 2014
- Russell Weigel
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Welcome to our firm’s Blog. Our firm is based in Miami, Florida and we provide full range of services to corporate America and the regulated securities industry. If you need assistance or guidance we can help. Our firm has experience…