ARTICLE
26 July 2018

Broker-Dealer And Depositary Bank Settle SEC Charges Of Mishandling ADRs

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.
Two U.S.-based subsidiaries of an investment bank agreed to pay approximately $75 million to settle charges of failing to properly handle "pre-released" American Depositary Receipts ("ADRs").
United States Finance and Banking

Two U.S.-based subsidiaries of an investment bank agreed to pay approximately $75 million to settle charges of failing to properly handle "pre-released" American Depositary Receipts ("ADRs").

The SEC alleged that a commercial bank subsidiary and a broker-dealer/investment adviser subsidiary of an investment bank allowed pre-released ADRs to be utilized for misuse, including "inappropriate short selling and inappropriate profiting around dividend payouts."

The commercial bank agreed to pay more than $44.4 million in ill-gotten profits, $6.6 million in prejudgment interest and a $22.2 million penalty. The broker-dealer/investment adviser agreed to pay about $1.6 million.

The two subsidiaries neither admitted nor denied the SEC allegations.

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