ARTICLE
11 November 2016

SEC Alerts Investors To Scams Involving Fake Form 4

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
In a recent Investor Bulletin, the SEC OIEA cautioned investors about "potential investment schemes in which fraudsters send fake Forms 4 to investors who paid for the purported purchase of shares."
United States Corporate/Commercial Law

In a recent Investor Bulletin, the SEC Office of Investor Education and Advocacy ("OIEA") cautioned investors about "potential investment schemes in which fraudsters send fake Forms 4 to investors who paid for the purported purchase of shares." Form 4 filings are disclosure filings by corporate insiders that report the purchases and sales of their company's securities.

In the Investor Bulletin, the OIEA warned that:

  • if an investor buys a security through a U.S.-registered broker-dealer, then that broker-dealer must send a trade confirmation statement, since the SEC does not send trade confirmations;
  • Forms 4 that are used as confirmations of purchases or transfers of shares effectively are red flags;
  • investors should double-check the backgrounds, registrations and license status of all firms and financial professionals through the SEC Investment Adviser Public Disclosure database; and
  • the SEC has received complaints of fraudsters who use "official-looking domain names."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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