This Week In Securities Litigation (Week of April 14, 2025)
The Commission filed on new cases last week. It was based on making false statements to market a new claimed AI product.
Be careful, be safe this week.
SEC Enforcement – Filed and Settled Actions
Statistics: Last week the Commission filed 1 new civil injunctive action and no new administrative proceeding.
False statements: SEC v. Milan Patel, Civil Action No. 23-cv-0026 (N.D. Ga.) is a previously filed action which named as defendants Vinod Patel of Coming, Georgia and others. The complaint as to Mr. Patel, alleged that he received fabricated rumors that he knew were false from other defendants involved in the action. Nevertheless, he circulated the rumors. Defendants’ contacts also circulated the rumors. Between 2017 and January 2020 the complaint alleges that Defendant Patel circulated over 100 rumors regarding stock trading that was false. Mr. Patel sold his securities holdings, generating over $1 million in illicit trading. On April 11, 2025, the court entered a final judgment against Mr. Patel, based on his role in the scheme. The judgement entered was based on the Exchange Act Section 10(b) and Rule 10b-5 and Securities Act Section 17(a). The judgement required Defendant to pay disgorgement in the amount of $1,125,263, plus prejudgment interest of $395,309. In the parallel criminal action brought by the U.S. Attorney’s Office for the Northern District of Georgia, Mr. Patel pleaded guilty to criminal charges and was sentenced to serve 18 months in prison. See Lit. Rel. No. 26283 (April 11, 2025).
False statements: SEC v. Saniger, Civil Action No. 25 Civ. 2937 (S.D.N.Y. April 9, 2025) is an action which names as defendants Alberto Saniger, the founder and CEO of Nate, Inc. Defendant Saniger marketed the firm as a mobile shopping application that used artificial intelligence to complete users’ purchases across a variety of retail platforms. In fact, the claims were false, there was no AI device completing the transactions. The complaint alleges violations of Securities Act Section 17(a) and Exchange Act Section 10(b) and Rule 10b-5 thereunder. See Lit. Rel. No. 26282 (April 11, 2025).
FinCen
Paper: The Financial Crimes Enforcement Network issued a paper titled Analysis of Fentanyl Related Threat Patterns and Trends in Bank Secrecy Act Reports, on April 9, 2025 (here).
Hong Kong
Remarks: Christina Choi delivered the Keynote speech at the Hong Kong Web3 Festival, according to a release dated April 7, 2025 (here).
Singapore
Paper: The Monetary Authority of Singapore published a paper on Proposed Legislative Amendments to the Requirements for Enhancing Pre-and Post transaction safeguards for retail clients, according to a release dated March 28, 2025 (here).
Those principles can be summarized as follows:
Start early: The point is to begin as soon as possible to create savings and a plan that fits your goals for the future;
Use free tools: At Investor.gov the Office publishes materials to help investors start and continue to invest properly without charge;
Create a savings/investing plan: There are an abundance of resources available at little to no cost to help get a start and continue building a financial future. While Investor.gov is a great source of information, it is only one of several.
Pay off high interest debts: A key part of the plan is to eliminate high interest debt to the extent possible and focus on sources of capital other than items such as high interest loans.
Investigate the background of professions: It is essential to inquire about the background of any professionals assisting with the development of the plan. Stated differently, any advice offered should be investigated prior to acceptance.
Research: All investments should be investigated before committing funds. Unsolicited advice should be carefully evaluated before being accepted.
Invest regularly: It is essential to invest regularly using a long-term plan. This helps build wealth.
Retirement plans: Invest in a retirement plan sponsored by your employer and take advantage of any matching funds offered. You can also use other opportunities.
Scams: It is essential to avoid scams and unsolicited advice. Investor alerts from the Commission and similar sources can aid in this endeavor.
FOMO: Finally, it is essential to select proper investments. This typically translates to skipping FOMO or “fear of missing out.” It is not necessary to invest in the latest trend. Rather, the key is good, solid investments.
Adherence to the Commission’s building blocks as listed above can aid building a long term and profitable plan. The Commission’s presentation of these points should be carefully reviewed. They are available here.
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