Published on 11 Dec 2014 • USA (National/Federal) |
Requester | Disqualifying Event | Specified Conditions | Waiver/Date |
RBS Securities Inc. | Final judgment of federal court relating to alleged violations of Sections 17(a)(2) and (3) of the Securities Act related to alleged misstatements in a 2007 offering of residential mortgage-backed securities (RMBS). | Provide written disclosure to investors of disqualifying event for five years. | |
Instinet, LLC | SEC order under Section 15(b) of the Exchange Act and Section 203(k) of the Advisers Act alleging violations related to "soft dollar" payments. | Provide written disclosure to investors of disqualifying event for five years. | |
Credit Suisse Group AG | SEC order under Sections 15(b)(4) and 21C of the Exchange Act and Section 203(e) and (k) of the Advisers Act finding violations relating to the provision of cross-border brokerage and investment advisory services to certain US clients without registration as a broker-dealer or investment adviser. | None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Certain Current Funds, Third Party Issuers Affiliated with Credit Suisse AG | Guilty plea entered in federal court related to a plea agreement between an affiliate of the requesters and the Department of Justice resolving charges of conspiracy to commit tax fraud related to accounts that affiliate established for cross-border clients. | Waiver is limited to disqualification under Rule 506(d)(1)(i) (disqualification due to a covered person's convictions, within ten/five years before a Rule 506 sale, of certain felonies or misdemeanors). Requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Diamond Foods, Inc. | Final judgment of federal court related to alleged violations of Section 17(a) of the Securities Act and Sections 10(b), 13(a), 13(b)(2)(A) and (B) of the Exchange Act and related rules related to alleged underreporting of payments to suppliers resulting in restatement of requester’s financial statements. | None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Jefferies LLC | SEC order under Section 15(b)(4) resolving allegations that the requester failed reasonably to supervise a mortgage-backed securities trader alleged to have mislead counterparties, and other employees alleged to have engaged in misconduct. | None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Dominick & Dominick LLC | SEC order finding violations of Sections 206(2), 206(3) and 206(4) of the Advisers Act and Rule 206(4)-7 under the Advisers Act relating to:
| None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Citigroup Global Markets, Inc. | Final judgment of federal court relating to alleged violations of Sections 17(a)(2) and (3) of the Securities Act based on materially misleading marketing materials for CDO transactions. | None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Wells Fargo Advisors, LLC | SEC order finding violations of Sections 15(g), 17(a) and 17(b) of the Exchange Act and Rule 17a-4(j) under the Exchange Act and Section 204A and 204(a) of the Advisers Act related to the requester's failure to adequately establish, maintain and enforce policies and procedures reasonably designed to prevent misuse of material nonpublic information. | None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Barclays Capital Inc. | SEC order finding violations of Sections 204(a), 206(2), 206(3), 206(4) and 207 of the Advisers Act and certain related rules related to:
| None, but requester represented in waiver request that it will provide written disclosure to investors of disqualifying event for five years. | |
Bank of America, N.A. and Merrill Lynch, Pierce, Fenner & Smith, Inc. | Final judgment of federal court relating to alleged violations of Sections 17(a)(2) and (3) and Section 5(b)(1) of the Securities Act related to alleged failures to comply with representations, misleading disclosure and the provision of misleading documents to investors and rating agency in RMBS offerings. | Waiver applies for a period of 30 months (half the time of a five-year disqualification) and is subject to eight specific conditions. The conditions include, among others, the requester:
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