Securities and Exchange CommissionSecurities and Exchange Commission
FTC to Hold Facebook CEO Mark Zuckerberg Liable for Any Future Privacy Violations
PG&E Profits Plummet Amid Bankruptcy, and SEC Probe Adds to Utility's Troubles
Federal Regulators Want Musk Held in Contempt for Pair of Tesla Tweets
Former Apple Executive Accused of Insider Trading by SEC
SEC Sues Tesla CEO Elon Musk for Securities Fraud
Bay Area Startups Await Crowdfunding Regulations
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Separately, Facebook will \u003ca href=\"https://www.sec.gov/news/press-release/2019-140\">pay $100 million\u003c/a> to settle a case with the Securities and Exchange Commission for making misleading disclosures about the risk that users' data would be misused, the SEC said.\u003c/p>\n\u003cp>Under \u003ca href=\"https://www.ftc.gov/news-events/press-releases/2019/07/ftc-imposes-5-billion-penalty-sweeping-new-privacy-restrictions\">the FTC agreement\u003c/a>, Zuckerberg will be required to submit quarterly compliance reports directly to the federal regulators and to Facebook's board of directors. If the Facebook co-founder or \"designated compliance officers\" violate the agreement, they could be subject to civil and criminal penalties, the FTC said.\u003c/p>\n\u003cp>\"There's no way that the CEO can bury his head in the sand,\" James Kohm, head of the FTC's enforcement unit, told NPR. \"There's no ostrich defense.\"\u003c/p>\n\u003cp>[aside tag=\"facebook\" label=\"More Facebook Coverage\"]\u003c/p>\n\u003cp>According to FTC investigators, Facebook violated the terms of its \u003ca href=\"https://www.ftc.gov/news-events/press-releases/2011/11/facebook-settles-ftc-charges-it-deceived-consumers-failing-keep\">2011 settlement\u003c/a> with the agency, in which it promised to protect user data from broad sharing with third-party apps. The company also committed new violations, they said.\u003c/p>\n\u003cp>Kohm described two major incidents in which Facebook effectively lied to users.\u003c/p>\n\u003cp>First, the company solicited phone numbers, saying they were being collected to verify users' identity if a password needed to be reset. Millions of people trusted the company, and then Facebook took those phone numbers and used them not just for security, but also for advertising purposes, the FTC said.\u003c/p>\n\u003cp>Also, according to regulators, the company conducted facial recognition tracking on 60 million users without proper consent. Facebook must notify users who were affected and offer to delete the data collected.\u003c/p>\n\u003cp>In \u003ca href=\"https://newsroom.fb.com/news/2019/07/ftc-agreement/\">a blog post\u003c/a> Wednesday, Facebook said the FTC agreement \"is not only about regulators, it's about rebuilding trust with people. ...\u003c/p>\n\u003cp>\"We have heard that words and apologies are not enough and that we need to show action. By resolving both the SEC and the FTC investigations, we hope to close this chapter and turn our focus and resources toward the future,\" the company said.\u003c/p>\n\u003cp>In a separate post, Zuckerberg wrote: \"We have a responsibility to protect people's privacy. We already work hard to live up to this responsibility, but now we're going to set a completely new standard for our industry.\"\u003c/p>\n\u003cp>In an earnings call earlier this year, Facebook disclosed it was expected to pay a multibillion-dollar fine to regulators. Following the company's announcement, the stock price jumped. Investors continued to have faith in the business.\u003c/p>\n\u003cp>Some critics charge the FTC fine is too small, but Kohm said it sends a tough message.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The idea that $5 billion is a slap on the wrist just doesn't pass the laugh test. It is an enormous amount of profits,\" he said. \"[Facebook] didn't give it up easily. It is way higher than any case in U.S. history other than Deepwater Horizon [the Gulf of Mexico oil spill], where there was massive amounts of harm.\"\u003c/p>\n\u003cp>Data privacy harm is less tangible than oil spill harm. But the FTC says the $5 billion is for deterrence — to send a message to other tech companies. Kohm says Facebook fought against it, though the company didn't want to litigate.\u003c/p>\n\u003cp>The settlement comes as big tech companies such as Facebook, Google and Amazon face increased calls for regulation amid scrutiny over whether they're too big and powerful.\u003c/p>\n\u003cp>It follows by one day \u003ca href=\"https://www.justice.gov/opa/pr/justice-department-reviewing-practices-market-leading-online-platforms\">the Justice Department's announcement\u003c/a> that its antitrust division is reviewing \"whether and how market-leading online platforms have achieved market power and are engaging in practices that have reduced competition, stifled innovation, or otherwise harmed consumers.\" The department did not say which companies are under review.\u003c/p>\n\u003cp>The FTC's investigation of Facebook began more than a year ago in the wake of revelations that Cambridge Analytica, a firm that had worked with President Trump's 2016 campaign, had gathered \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/05/02/607782799/cambridge-analytica-is-shutting-down-after-facebook-data-controversy\">personal data\u003c/a> from up to 87 million Facebook users.\u003c/p>\n\u003cp>Facebook had been in negotiations with the FTC following concerns that the social media giant violated the 2011 consent decree in which it promised to give consumers \"clear and prominent notice\" when sharing their data with others and to get \"express consent.\"\u003c/p>\n\u003cp>And on Wednesday, the company settled a case with securities regulators over the Cambridge Analytica matter. The SEC said Facebook \"discovered the misuse of its users' information in 2015, but did not correct its existing disclosure for more than two years.\" Instead, the agency said, \"Facebook continued to tell investors that \"our users' data may be improperly accessed, used or disclosed.' \"\u003c/p>\n\u003cp>\"Facebook presented the risk of misuse of user data as hypothetical when they knew user data had in fact been misused,\" Stephanie Avakian, co-director of the SEC's Enforcement Division, said in a statement. \"Public companies must have procedures in place to make accurate disclosures about material business risks.\"\u003c/p>\n\u003cp>Facebook told investors in April that it \u003ca href=\"https://www.npr.org/2019/04/24/716886822/facebook-could-face-up-to-5-billion-fine-for-privacy-violations\">expected to pay\u003c/a> a fine of up to $5 billion in a settlement with the FTC. By comparison, the company reported $55.8 billion in revenues and a profit of $22.1 billion last year.\u003c/p>\n\u003cp>Facebook is one of NPR's financial sponsors.\u003c/p>\n\u003cp>Zuckerberg faced \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/04/10/599808766/i-m-responsible-for-what-happens-at-facebook-mark-zuckerberg-will-tell-senate\">hours of questioning\u003c/a> in congressional hearings in April 2018 over the Cambridge Analytica scandal and how Facebook handled user data. \"We didn't take a broad enough view of our responsibility, and that was a big mistake. It was my mistake, and I'm sorry,\" he told lawmakers.\u003c/p>\n\u003cp>Days earlier, Facebook Chief Operating Officer Sheryl Sandberg\u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/04/05/599770568/facebooks-sheryl-sandberg-on-data-privacy-fail-we-were-way-too-idealistic\"> told NPR\u003c/a> in an interview: \"We really believed in protecting privacy. But we were way too idealistic. We did not think enough about the abuse cases.\"\u003c/p>\n\u003cp>In March 2019, Zuckerberg promised to bring encryption and self-destruct features to Messenger and other Facebook apps, in a move meant to signal the company's \u003ca href=\"https://www.npr.org/2019/03/06/700896972/facebook-promises-more-private-and-self-destructing-messages\">commitment to privacy\u003c/a>.\u003c/p>\n\u003cp>Facebook \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/06/04/616792341/facebook-defends-giving-device-makers-access-to-users-data-for-years\">denied reports\u003c/a> in June 2018 that the company exposed its users' private information to other big tech companies as part of a plan to become ubiquitous on mobile devices.\u003c/p>\n\u003cp>Earlier this year, several groups that advocate for children's rights and privacy rights asked the FTC to investigate whether Facebook illegally \u003ca href=\"https://www.npr.org/2019/02/21/696430478/advocates-ask-ftc-to-investigate-facebook-deception-over-kids-in-game-purchases\">enticed children to spend money\u003c/a> on in-game purchases without their parents' consent.\u003c/p>\n\u003cp>And Facebook's plan to launch a digital currency has \u003ca href=\"https://www.npr.org/2019/07/16/742168185/tech-firms-to-face-lawmakers-over-antitrust-digital-currency\">drawn skepticism from lawmakers\u003c/a>, who cited the company's repeated missteps over privacy.\u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Under a settlement with the Federal Trade Commission, Facebook will pay $5 billion and the Facebook co-founder could be subject to penalties if his company doesn't comply with the agreement.","status":"publish","parent":0,"modified":1564006911,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1103},"headData":{"title":"FTC to Hold Facebook CEO Mark Zuckerberg Liable for Any Future Privacy Violations | KQED","description":"Under a settlement with the Federal Trade Commission, Facebook will pay $5 billion and the Facebook co-founder could be subject to penalties if his company doesn't comply with the agreement.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11763073 https://ww2.kqed.org/news/?p=11763073","disqusUrl":"https://ww2.kqed.org/news/2019/07/24/ftc-to-hold-facebook-ceo-mark-zuckerberg-liable-for-any-future-privacy-violations/","disqusTitle":"FTC to Hold Facebook CEO Mark Zuckerberg Liable for Any Future Privacy Violations","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Ben Margot","nprByline":"\u003cstrong>Aarti Shahani and Avie Schneider\u003cbr />NPR\u003c/strong>","nprImageAgency":"AP","nprStoryId":"741282397","nprApiLink":"http://api.npr.org/query?id=741282397&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/07/24/741282397/facebook-to-pay-5-billion-to-settle-ftc-privacy-case?ft=nprml&f=741282397","nprRetrievedStory":"1","nprPubDate":"Wed, 24 Jul 2019 09:24:00 -0400","nprStoryDate":"Wed, 24 Jul 2019 08:30:16 -0400","nprLastModifiedDate":"Wed, 24 Jul 2019 09:24:16 -0400","path":"/news/11763073/ftc-to-hold-facebook-ceo-mark-zuckerberg-liable-for-any-future-privacy-violations","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated at 9:07 a.m. ET\u003c/strong>\u003c/p>\n\u003cp>Facebook CEO Mark Zuckerberg will have to personally answer to federal regulators under an agreement to settle a privacy case with the Federal Trade Commission that includes a $5 billion penalty for the giant social media company, the agency announced Wednesday. Separately, Facebook will \u003ca href=\"https://www.sec.gov/news/press-release/2019-140\">pay $100 million\u003c/a> to settle a case with the Securities and Exchange Commission for making misleading disclosures about the risk that users' data would be misused, the SEC said.\u003c/p>\n\u003cp>Under \u003ca href=\"https://www.ftc.gov/news-events/press-releases/2019/07/ftc-imposes-5-billion-penalty-sweeping-new-privacy-restrictions\">the FTC agreement\u003c/a>, Zuckerberg will be required to submit quarterly compliance reports directly to the federal regulators and to Facebook's board of directors. If the Facebook co-founder or \"designated compliance officers\" violate the agreement, they could be subject to civil and criminal penalties, the FTC said.\u003c/p>\n\u003cp>\"There's no way that the CEO can bury his head in the sand,\" James Kohm, head of the FTC's enforcement unit, told NPR. \"There's no ostrich defense.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"facebook","label":"More Facebook Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to FTC investigators, Facebook violated the terms of its \u003ca href=\"https://www.ftc.gov/news-events/press-releases/2011/11/facebook-settles-ftc-charges-it-deceived-consumers-failing-keep\">2011 settlement\u003c/a> with the agency, in which it promised to protect user data from broad sharing with third-party apps. The company also committed new violations, they said.\u003c/p>\n\u003cp>Kohm described two major incidents in which Facebook effectively lied to users.\u003c/p>\n\u003cp>First, the company solicited phone numbers, saying they were being collected to verify users' identity if a password needed to be reset. Millions of people trusted the company, and then Facebook took those phone numbers and used them not just for security, but also for advertising purposes, the FTC said.\u003c/p>\n\u003cp>Also, according to regulators, the company conducted facial recognition tracking on 60 million users without proper consent. Facebook must notify users who were affected and offer to delete the data collected.\u003c/p>\n\u003cp>In \u003ca href=\"https://newsroom.fb.com/news/2019/07/ftc-agreement/\">a blog post\u003c/a> Wednesday, Facebook said the FTC agreement \"is not only about regulators, it's about rebuilding trust with people. ...\u003c/p>\n\u003cp>\"We have heard that words and apologies are not enough and that we need to show action. By resolving both the SEC and the FTC investigations, we hope to close this chapter and turn our focus and resources toward the future,\" the company said.\u003c/p>\n\u003cp>In a separate post, Zuckerberg wrote: \"We have a responsibility to protect people's privacy. We already work hard to live up to this responsibility, but now we're going to set a completely new standard for our industry.\"\u003c/p>\n\u003cp>In an earnings call earlier this year, Facebook disclosed it was expected to pay a multibillion-dollar fine to regulators. Following the company's announcement, the stock price jumped. Investors continued to have faith in the business.\u003c/p>\n\u003cp>Some critics charge the FTC fine is too small, but Kohm said it sends a tough message.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The idea that $5 billion is a slap on the wrist just doesn't pass the laugh test. It is an enormous amount of profits,\" he said. \"[Facebook] didn't give it up easily. It is way higher than any case in U.S. history other than Deepwater Horizon [the Gulf of Mexico oil spill], where there was massive amounts of harm.\"\u003c/p>\n\u003cp>Data privacy harm is less tangible than oil spill harm. But the FTC says the $5 billion is for deterrence — to send a message to other tech companies. Kohm says Facebook fought against it, though the company didn't want to litigate.\u003c/p>\n\u003cp>The settlement comes as big tech companies such as Facebook, Google and Amazon face increased calls for regulation amid scrutiny over whether they're too big and powerful.\u003c/p>\n\u003cp>It follows by one day \u003ca href=\"https://www.justice.gov/opa/pr/justice-department-reviewing-practices-market-leading-online-platforms\">the Justice Department's announcement\u003c/a> that its antitrust division is reviewing \"whether and how market-leading online platforms have achieved market power and are engaging in practices that have reduced competition, stifled innovation, or otherwise harmed consumers.\" The department did not say which companies are under review.\u003c/p>\n\u003cp>The FTC's investigation of Facebook began more than a year ago in the wake of revelations that Cambridge Analytica, a firm that had worked with President Trump's 2016 campaign, had gathered \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/05/02/607782799/cambridge-analytica-is-shutting-down-after-facebook-data-controversy\">personal data\u003c/a> from up to 87 million Facebook users.\u003c/p>\n\u003cp>Facebook had been in negotiations with the FTC following concerns that the social media giant violated the 2011 consent decree in which it promised to give consumers \"clear and prominent notice\" when sharing their data with others and to get \"express consent.\"\u003c/p>\n\u003cp>And on Wednesday, the company settled a case with securities regulators over the Cambridge Analytica matter. The SEC said Facebook \"discovered the misuse of its users' information in 2015, but did not correct its existing disclosure for more than two years.\" Instead, the agency said, \"Facebook continued to tell investors that \"our users' data may be improperly accessed, used or disclosed.' \"\u003c/p>\n\u003cp>\"Facebook presented the risk of misuse of user data as hypothetical when they knew user data had in fact been misused,\" Stephanie Avakian, co-director of the SEC's Enforcement Division, said in a statement. \"Public companies must have procedures in place to make accurate disclosures about material business risks.\"\u003c/p>\n\u003cp>Facebook told investors in April that it \u003ca href=\"https://www.npr.org/2019/04/24/716886822/facebook-could-face-up-to-5-billion-fine-for-privacy-violations\">expected to pay\u003c/a> a fine of up to $5 billion in a settlement with the FTC. By comparison, the company reported $55.8 billion in revenues and a profit of $22.1 billion last year.\u003c/p>\n\u003cp>Facebook is one of NPR's financial sponsors.\u003c/p>\n\u003cp>Zuckerberg faced \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/04/10/599808766/i-m-responsible-for-what-happens-at-facebook-mark-zuckerberg-will-tell-senate\">hours of questioning\u003c/a> in congressional hearings in April 2018 over the Cambridge Analytica scandal and how Facebook handled user data. \"We didn't take a broad enough view of our responsibility, and that was a big mistake. It was my mistake, and I'm sorry,\" he told lawmakers.\u003c/p>\n\u003cp>Days earlier, Facebook Chief Operating Officer Sheryl Sandberg\u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/04/05/599770568/facebooks-sheryl-sandberg-on-data-privacy-fail-we-were-way-too-idealistic\"> told NPR\u003c/a> in an interview: \"We really believed in protecting privacy. But we were way too idealistic. We did not think enough about the abuse cases.\"\u003c/p>\n\u003cp>In March 2019, Zuckerberg promised to bring encryption and self-destruct features to Messenger and other Facebook apps, in a move meant to signal the company's \u003ca href=\"https://www.npr.org/2019/03/06/700896972/facebook-promises-more-private-and-self-destructing-messages\">commitment to privacy\u003c/a>.\u003c/p>\n\u003cp>Facebook \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/06/04/616792341/facebook-defends-giving-device-makers-access-to-users-data-for-years\">denied reports\u003c/a> in June 2018 that the company exposed its users' private information to other big tech companies as part of a plan to become ubiquitous on mobile devices.\u003c/p>\n\u003cp>Earlier this year, several groups that advocate for children's rights and privacy rights asked the FTC to investigate whether Facebook illegally \u003ca href=\"https://www.npr.org/2019/02/21/696430478/advocates-ask-ftc-to-investigate-facebook-deception-over-kids-in-game-purchases\">enticed children to spend money\u003c/a> on in-game purchases without their parents' consent.\u003c/p>\n\u003cp>And Facebook's plan to launch a digital currency has \u003ca href=\"https://www.npr.org/2019/07/16/742168185/tech-firms-to-face-lawmakers-over-antitrust-digital-currency\">drawn skepticism from lawmakers\u003c/a>, who cited the company's repeated missteps over privacy.\u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11763073/ftc-to-hold-facebook-ceo-mark-zuckerberg-liable-for-any-future-privacy-violations","authors":["byline_news_11763073"],"categories":["news_8","news_248"],"tags":["news_249","news_2103","news_250","news_3374"],"affiliates":["news_253"],"featImg":"news_11763074","label":"source_news_11763073"},"news_11744649":{"type":"posts","id":"news_11744649","meta":{"index":"posts_1591205157","site":"news","id":"11744649","score":null,"sort":[1556843215000]},"guestAuthors":[],"slug":"pge-profits-plummet-amid-bankruptcy-and-sec-probe-adds-to-utilitys-troubles","title":"PG&E Profits Plummet Amid Bankruptcy, and SEC Probe Adds to Utility's Troubles","publishDate":1556843215,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>PG&E reported a dramatic drop in profits Thursday in the company's most recent \u003ca href=\"http://d18rn0p25nwr6d.cloudfront.net/CIK-0001004980/718de1c7-fac1-49f8-ba1d-749ef8d22881.pdf\" target=\"_blank\" rel=\"noopener\">quarterly earnings report\u003c/a> for investors.\u003c/p>\n\u003cp>Profits fell to $136 million in the first quarter of 2019, down from $442 million during the same period last year.\u003c/p>\n\u003cp>The utility blamed the hit to its bottom line on several factors, including legal costs stemming from the 2017 North Bay fires and the 2018 Camp Fire in Butte County, and the utility's ongoing bankruptcy. The company \u003ca href=\"https://www.kqed.org/news/11721861/pge-files-for-chapter-11-bankruptcy-protection\" target=\"_blank\" rel=\"noopener\">filed for Chapter 11\u003c/a> in January.\u003c/p>\n\u003cp>Also, the company revealed in \u003ca href=\"https://www.sec.gov/Archives/edgar/data/75488/000095015719000521/form8k-a.htm\" target=\"_blank\" rel=\"noopener\">a different regulatory filing late Thursday afternoon\u003c/a> that it is being investigated by the U.S. Securities and Exchange Commission. The SEC is probing whether the utility properly disclosed and accounted for losses related to wildfires.\u003c/p>\n\u003cp>PG&E declined to comment on the SEC investigation.\u003c/p>\n\u003ch2>Profits Could Continue to Plunge\u003c/h2>\n\u003cp>Some analysts believe the costs reflected in PG&E's latest financial results aren't likely to subside in the near term.\u003cbr>\n[aside tag=\"pge-bankruptcy\" label=\"Follow PG&E's Bankruptcy\"]\u003c/p>\n\u003cp>\"We certainly are not seeing the full impact of the liability that is likely to fall on PG&E from the fires. That is going to be manyfold larger than the numbers we're talking about here,\" said Severin Borenstein, professor at UC Berkeley's Haas School of Business and director of the Energy Institute at Haas.\u003c/p>\n\u003cp>But he also said that the company is in a different place than during its first bankruptcy in 2001.\u003c/p>\n\u003cp>This time, \"PG&E is still making money day to day, and I think that distinction is important,\" Borenstein said.\u003c/p>\n\u003ch2>New CEO Starts\u003c/h2>\n\u003cp>The earnings release comes on the same day that \u003ca href=\"https://www.kqed.org/news/11740701/pges-new-ceo-in-line-to-get-at-least-6-million-in-compensation-a-year\" target=\"_blank\" rel=\"noopener\">Bill Johnson\u003c/a> takes over as PG&E's CEO. Johnson spent the previous six years at the Tennessee Valley Authority.\u003c/p>\n\u003cp>Johnson responded to the earnings results in a press release.\u003c/p>\n\u003cp>\"As we position PG&E for the long-term, we are continuing to implement programs that will make the communities we serve safer in the face of extreme weather and wildfire risk, while also recognizing that significant work remains to be done as our state collectively confronts the coming wildfire season and the challenges of climate change,\" Johnson said.\u003c/p>\n\u003cp>Shares of the PG&E Corp. fell more than 3 percent on Thursday, settling at $20.96 by the close of markets.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Company blames wildfire legal fees and reorganization for hit to bottom line. And it revealed Thursday that SEC is investigating whether losses related to wildfires were properly accounted for and disclosed.","status":"publish","parent":0,"modified":1556846016,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":404},"headData":{"title":"PG&E Profits Plummet Amid Bankruptcy, and SEC Probe Adds to Utility's Troubles | KQED","description":"Company blames wildfire legal fees and reorganization for hit to bottom line. And it revealed Thursday that SEC is investigating whether losses related to wildfires were properly accounted for and disclosed.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11744649 https://ww2.kqed.org/news/?p=11744649","disqusUrl":"https://ww2.kqed.org/news/2019/05/02/pge-profits-plummet-amid-bankruptcy-and-sec-probe-adds-to-utilitys-troubles/","disqusTitle":"PG&E Profits Plummet Amid Bankruptcy, and SEC Probe Adds to Utility's Troubles","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/05/2wayPGEProfitLosses.mp3","audioTrackLength":230,"path":"/news/11744649/pge-profits-plummet-amid-bankruptcy-and-sec-probe-adds-to-utilitys-troubles","audioDuration":230000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>PG&E reported a dramatic drop in profits Thursday in the company's most recent \u003ca href=\"http://d18rn0p25nwr6d.cloudfront.net/CIK-0001004980/718de1c7-fac1-49f8-ba1d-749ef8d22881.pdf\" target=\"_blank\" rel=\"noopener\">quarterly earnings report\u003c/a> for investors.\u003c/p>\n\u003cp>Profits fell to $136 million in the first quarter of 2019, down from $442 million during the same period last year.\u003c/p>\n\u003cp>The utility blamed the hit to its bottom line on several factors, including legal costs stemming from the 2017 North Bay fires and the 2018 Camp Fire in Butte County, and the utility's ongoing bankruptcy. The company \u003ca href=\"https://www.kqed.org/news/11721861/pge-files-for-chapter-11-bankruptcy-protection\" target=\"_blank\" rel=\"noopener\">filed for Chapter 11\u003c/a> in January.\u003c/p>\n\u003cp>Also, the company revealed in \u003ca href=\"https://www.sec.gov/Archives/edgar/data/75488/000095015719000521/form8k-a.htm\" target=\"_blank\" rel=\"noopener\">a different regulatory filing late Thursday afternoon\u003c/a> that it is being investigated by the U.S. Securities and Exchange Commission. The SEC is probing whether the utility properly disclosed and accounted for losses related to wildfires.\u003c/p>\n\u003cp>PG&E declined to comment on the SEC investigation.\u003c/p>\n\u003ch2>Profits Could Continue to Plunge\u003c/h2>\n\u003cp>Some analysts believe the costs reflected in PG&E's latest financial results aren't likely to subside in the near term.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"pge-bankruptcy","label":"Follow PG&E's Bankruptcy "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We certainly are not seeing the full impact of the liability that is likely to fall on PG&E from the fires. That is going to be manyfold larger than the numbers we're talking about here,\" said Severin Borenstein, professor at UC Berkeley's Haas School of Business and director of the Energy Institute at Haas.\u003c/p>\n\u003cp>But he also said that the company is in a different place than during its first bankruptcy in 2001.\u003c/p>\n\u003cp>This time, \"PG&E is still making money day to day, and I think that distinction is important,\" Borenstein said.\u003c/p>\n\u003ch2>New CEO Starts\u003c/h2>\n\u003cp>The earnings release comes on the same day that \u003ca href=\"https://www.kqed.org/news/11740701/pges-new-ceo-in-line-to-get-at-least-6-million-in-compensation-a-year\" target=\"_blank\" rel=\"noopener\">Bill Johnson\u003c/a> takes over as PG&E's CEO. Johnson spent the previous six years at the Tennessee Valley Authority.\u003c/p>\n\u003cp>Johnson responded to the earnings results in a press release.\u003c/p>\n\u003cp>\"As we position PG&E for the long-term, we are continuing to implement programs that will make the communities we serve safer in the face of extreme weather and wildfire risk, while also recognizing that significant work remains to be done as our state collectively confronts the coming wildfire season and the challenges of climate change,\" Johnson said.\u003c/p>\n\u003cp>Shares of the PG&E Corp. fell more than 3 percent on Thursday, settling at $20.96 by the close of markets.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11744649/pge-profits-plummet-amid-bankruptcy-and-sec-probe-adds-to-utilitys-troubles","authors":["11552"],"programs":["news_72"],"categories":["news_1758","news_19906","news_8"],"tags":["news_19542","news_140","news_24802","news_3374","news_17041"],"featImg":"news_11744727","label":"news_72"},"news_11728914":{"type":"posts","id":"news_11728914","meta":{"index":"posts_1591205157","site":"news","id":"11728914","score":null,"sort":[1551144707000]},"guestAuthors":[],"slug":"federal-regulators-want-musk-held-in-contempt-for-pair-of-tesla-tweets","title":"Federal Regulators Want Musk Held in Contempt for Pair of Tesla Tweets","publishDate":1551144707,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Tesla CEO Elon Musk's tweeting habits have triggered another legal challenge from stock market regulators worried about him using his Twitter account to mislead investors.\u003c/p>\n\u003cp>The latest dust-up emerged late Monday when the Securities and Exchange Commission asked a federal court in New York to hold Musk in contempt for violating a $40 million settlement he begrudgingly reached with the U.S. stock market's chief regulatory agency five months ago.\u003c/p>\n\u003cp>Allegations that Musk broke the agreement could renew a debate about whether he has become too reckless to continue as Tesla. This even though many analysts still consider his vision to be instrumental to the future success of the electric car maker he co-founded.\u003c/p>\n\u003cp>Tesla's stock dropped about 4 percent in after-hours trading Monday.\u003c/p>\n\u003cp>Contempt charges are typically brought against individuals who defy a court order. The SEC settlement was approved by a judge last fall, exposing Musk to potential fines or even jail time if he is found to be in contempt.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Tesla didn't immediately respond to requests for comment about the SEC's latest move. But letters from the company's attorneys included in Monday's filing argue that Musk remains in compliance with the settlement.\u003c/p>\n\u003cp>The SEC had sued Musk last September for using his Twitter account in August to announce he had secured financing for a potential buyout of Tesla — news that caused the company's stock to swing wildly. He later backed off that buyout idea, but regulators concluded he never had lined up the money to pull off the deal that probably would have required at least $25 billion to pull off.\u003c/p>\n\u003cp>Musk initially contended that he hadn't done anything wrong before reluctantly agreeing to have future tweets that could affect Tesla's stock be pre-approved.\u003c/p>\n\u003cp>Now the SEC is alleging that Musk broke the terms of that agreement with a Feb. 19 tweet projecting that Tesla would make about 500,000 cars this year. \u003c/p>\n\u003cp>About four hours after that tweet, Musk altered his statement, saying he meant that Tesla had started to manufacture cars at a weekly clip that would translate into an annualized production rate of 500,000 cars, with 400,000 delivered in calendar 2019.\u003c/p>\n\u003cp>https://twitter.com/elonmusk/status/1098080063801585664\u003c/p>\n\u003cp>Musk acknowledged he didn't get company approval for the initial Feb. 19 tweet, according to the SEC, even though car manufacturing statistics can affect stock prices of automakers. In his defense, Musk said he didn't think his tweet needed clearance because he was basing the information that had been disclosed in late January. Both Feb. 19 tweets occurred while the U.S. stock market was closed.\u003c/p>\n\u003cp>But those factors evidently didn't sway the SEC, which illustrated Musk's allegedly contemptuous behavior with some of the comments he made during a television interview with \"60 Minutes\" that aired last Dec. 9.\u003c/p>\n\u003cp>In that interview, Musk said no one at Tesla was screening the tweets he posts to his account, which now has 25 million followers. When pressed how Tesla officials could know whether his tweets might be violating the SEC settlement if they weren't reading them before they were posted, Musk replied: \"Well, I guess we might make some mistakes. Who knows?\"\u003c/p>\n\u003cp>The SEC also pointed out that during the same interview, Musk declared: \"I want to be clear. I do not respect the SEC. I do not respect them.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tesla's legal team realized Musk may have crossed a line with his Feb. 19 tweet about car manufacturing, according to the SEC. After that tweet posted, a Tesla lawyer \"immediately arranged to meet with Musk and draft the corrective statement that Musk tweeted out over four hours later.\"\u003c/p>\n\n","blocks":[],"excerpt":"Securities and Exchange Commission say Tesla CEO violated settlement under which he had agreed to have online messages screened before posting. ","status":"publish","parent":0,"modified":1551214966,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":624},"headData":{"title":"Federal Regulators Want Musk Held in Contempt for Pair of Tesla Tweets | KQED","description":"Securities and Exchange Commission say Tesla CEO violated settlement under which he had agreed to have online messages screened before posting. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11728914 https://ww2.kqed.org/news/?p=11728914","disqusUrl":"https://ww2.kqed.org/news/2019/02/25/federal-regulators-want-musk-held-in-contempt-for-pair-of-tesla-tweets/","disqusTitle":"Federal Regulators Want Musk Held in Contempt for Pair of Tesla Tweets","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/02/TeslaSEC.mp3","WpOldSlug":"federal-regulators-wnat-musk-held-in-contempt-for-pair-of-tesla-tweets","nprByline":"\u003cstrong>Michael Liedtke\u003cbr />Associated Press\u003c/strong>","audioTrackLength":68,"path":"/news/11728914/federal-regulators-want-musk-held-in-contempt-for-pair-of-tesla-tweets","audioDuration":81000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Tesla CEO Elon Musk's tweeting habits have triggered another legal challenge from stock market regulators worried about him using his Twitter account to mislead investors.\u003c/p>\n\u003cp>The latest dust-up emerged late Monday when the Securities and Exchange Commission asked a federal court in New York to hold Musk in contempt for violating a $40 million settlement he begrudgingly reached with the U.S. stock market's chief regulatory agency five months ago.\u003c/p>\n\u003cp>Allegations that Musk broke the agreement could renew a debate about whether he has become too reckless to continue as Tesla. This even though many analysts still consider his vision to be instrumental to the future success of the electric car maker he co-founded.\u003c/p>\n\u003cp>Tesla's stock dropped about 4 percent in after-hours trading Monday.\u003c/p>\n\u003cp>Contempt charges are typically brought against individuals who defy a court order. The SEC settlement was approved by a judge last fall, exposing Musk to potential fines or even jail time if he is found to be in contempt.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Tesla didn't immediately respond to requests for comment about the SEC's latest move. But letters from the company's attorneys included in Monday's filing argue that Musk remains in compliance with the settlement.\u003c/p>\n\u003cp>The SEC had sued Musk last September for using his Twitter account in August to announce he had secured financing for a potential buyout of Tesla — news that caused the company's stock to swing wildly. He later backed off that buyout idea, but regulators concluded he never had lined up the money to pull off the deal that probably would have required at least $25 billion to pull off.\u003c/p>\n\u003cp>Musk initially contended that he hadn't done anything wrong before reluctantly agreeing to have future tweets that could affect Tesla's stock be pre-approved.\u003c/p>\n\u003cp>Now the SEC is alleging that Musk broke the terms of that agreement with a Feb. 19 tweet projecting that Tesla would make about 500,000 cars this year. \u003c/p>\n\u003cp>About four hours after that tweet, Musk altered his statement, saying he meant that Tesla had started to manufacture cars at a weekly clip that would translate into an annualized production rate of 500,000 cars, with 400,000 delivered in calendar 2019.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1098080063801585664"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Musk acknowledged he didn't get company approval for the initial Feb. 19 tweet, according to the SEC, even though car manufacturing statistics can affect stock prices of automakers. In his defense, Musk said he didn't think his tweet needed clearance because he was basing the information that had been disclosed in late January. Both Feb. 19 tweets occurred while the U.S. stock market was closed.\u003c/p>\n\u003cp>But those factors evidently didn't sway the SEC, which illustrated Musk's allegedly contemptuous behavior with some of the comments he made during a television interview with \"60 Minutes\" that aired last Dec. 9.\u003c/p>\n\u003cp>In that interview, Musk said no one at Tesla was screening the tweets he posts to his account, which now has 25 million followers. When pressed how Tesla officials could know whether his tweets might be violating the SEC settlement if they weren't reading them before they were posted, Musk replied: \"Well, I guess we might make some mistakes. Who knows?\"\u003c/p>\n\u003cp>The SEC also pointed out that during the same interview, Musk declared: \"I want to be clear. I do not respect the SEC. I do not respect them.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tesla's legal team realized Musk may have crossed a line with his Feb. 19 tweet about car manufacturing, according to the SEC. After that tweet posted, a Tesla lawyer \"immediately arranged to meet with Musk and draft the corrective statement that Musk tweeted out over four hours later.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11728914/federal-regulators-want-musk-held-in-contempt-for-pair-of-tesla-tweets","authors":["byline_news_11728914"],"programs":["news_72"],"categories":["news_8","news_248","news_1397"],"tags":["news_3897","news_3374","news_57"],"featImg":"news_11695506","label":"news_72"},"news_11725899":{"type":"posts","id":"news_11725899","meta":{"index":"posts_1591205157","site":"news","id":"11725899","score":null,"sort":[1550089800000]},"guestAuthors":[],"slug":"ex-apple-exec-who-oversaw-insider-trading-policy-profited-on-inside-info-sec-says","title":"Former Apple Executive Accused of Insider Trading by SEC","publishDate":1550089800,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>\u003cstrong>Updated at 12:30 p.m. PST\u003c/strong>\u003c/p>\n\u003cp>The U.S. Securities and Exchange Commission says the executive who was in charge of Apple's insider trading policy himself committed insider trading in 2015 and 2016 —\u003cstrong> \u003c/strong>in one case, selling off about $10 million in Apple stock in advance of a quarterly earnings announcement.\u003c/p>\n\u003cp>That executive is Gene Levoff, who was until last year Apple's senior director of corporate law and corporate secretary. \u003ca href=\"https://www.sec.gov/litigation/complaints/2019/comp-pr2019-10.pdf\">According to a complaint\u003c/a> filed Wednesday in U.S. District Court in New Jersey, as head of the company's corporate law group, Levoff was responsible for ensuring compliance with Apple's insider trading policy, as well as determining the criteria for those employees — including himself — restricted from trading around quarterly earnings announcements.\u003c/p>\n\u003cp>But the SEC says that on at least three occasions in 2015 and 2016, Levoff used inside information about Apple's finances to avoid losses or make a profit for himself by trading Apple stock:\u003c/p>\n\u003cblockquote>\n\u003cp>\"For example, in July 2015 Levoff received material nonpublic financial data that showed Apple would miss analysts' third quarter estimates for iPhone unit sales. Between July 17 and the public release of Apple's quarterly earnings information on July 21, Levoff sold approximately $10 million dollars of Apple stock — virtually all of his Apple holdings — from his personal brokerage accounts. Apple's stock dropped more than four percent when it publicly disclosed its quarterly financial data. By trading on this material nonpublic information, Levoff avoided approximately $345,000 in losses.\"\u003c/p>\n\u003c/blockquote>\n\u003cp>The Department of Justice also announced \u003ca href=\"https://www.justice.gov/usao-nj/pr/former-director-corporate-law-global-technology-company-charged-insider-trading\">it has charged\u003c/a> Levoff with one count of securities fraud. The criminal charge carries a potential penalty of 20 years in prison and a $5 million fine.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Levoff, 44, became Apple's senior director of corporate law in 2013, after five years as its director of corporate law. He was also chair of the company's Disclosure Committee — where he was was privy to \"material nonpublic information about Apple's financial results\" — from September 2008 until July 2018, when he was placed on leave. He was fired from Apple in September 2018.\u003c/p>\n\u003cp>The SEC's complaint points the finger squarely at Levoff, and not at Apple, which it says took steps to prevent employees from trading on material nonpublic information, including undisclosed financial results: \"Apple had an insider trading policy that applied to all employees. Many employees, including Levoff, also received notice when restricted trading periods, known as 'blackout' periods, were in effect. The notices, emailed to employees subject to the blackout periods, reminded them of the insider trading policy, and since at least 2015, included a link to the insider trading policy.\"\u003c/p>\n\u003cp>According to the complaint, Levoff's role including sending, or supervising the sending, of those notification emails to individuals subject to trading restrictions around Apple's quarterly earnings announcements. \u003c/p>\n\u003cp>In 2015, Levoff also initiated and implemented an update to Apple's insider trading policy.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11722000/apple-disables-group-facetime-after-security-flaw-let-callers-secretly-eavesdrop\">Apple Disables Group FaceTime After Security Flaw Let Callers Secretly Eavesdrop\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11722000/apple-disables-group-facetime-after-security-flaw-let-callers-secretly-eavesdrop\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/ap_18155675767680-83d2a42c023f8f59749887b47d08d49f225aedf9-1020x765.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Apple did not immediately reply to NPR's request for a comment. \u003c/p>\n\u003cp>The complaint alleges that Levoff had committed insider trading on three previous occasions in 2011 and 2012: \"In each instance, after receiving an email stating that Apple's pre-earnings release blackout period had begun, Levoff bought thousands of shares of Apple stock before the company released its earnings to the public. He then sold them shortly after the public positive\u003cbr>announcements of Apple's quarterly earnings.\"\u003c/p>\n\u003cp>Levoff made about $245,000 in profit from those trades, according to the complaint.\u003c/p>\n\u003cp>The SEC wants Levoff to pay back the profits gained and losses avoided because of his alleged actions, which the commission says amounts to approximately $382,000. It also seeks a monetary penalty against Levoff and to bar him from serving as an officer or director of a public company in the future.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Levoff is being sued in U.S. District Court in New Jersey. The computer servers on which many of the trades were executed are located in New Jersey, the SEC says. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Former+Apple+Executive+Accused+Of+Insider+Trading+By+SEC&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"The agency says Gene Levoff used prior knowledge of earnings to buy and sell millions of dollars in Apple stock, even as he was responsible for overseeing compliance with rules on insider trading.","status":"publish","parent":0,"modified":1550103123,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":691},"headData":{"title":"Former Apple Executive Accused of Insider Trading by SEC | KQED","description":"The agency says Gene Levoff used prior knowledge of earnings to buy and sell millions of dollars in Apple stock, even as he was responsible for overseeing compliance with rules on insider trading.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11725899 https://ww2.kqed.org/news/?p=11725899","disqusUrl":"https://ww2.kqed.org/news/2019/02/13/ex-apple-exec-who-oversaw-insider-trading-policy-profited-on-inside-info-sec-says/","disqusTitle":"Former Apple Executive Accused of Insider Trading by SEC","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Drew Angerer","nprByline":"Laurel Wamsley","nprImageAgency":"Getty Images","nprStoryId":"694315163","nprApiLink":"http://api.npr.org/query?id=694315163&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/02/13/694315163/ex-apple-exec-who-oversaw-insider-trading-policy-profited-on-inside-info-sec-say?ft=nprml&f=694315163","nprRetrievedStory":"1","nprPubDate":"Wed, 13 Feb 2019 17:47:00 -0500","nprStoryDate":"Wed, 13 Feb 2019 14:30:00 -0500","nprLastModifiedDate":"Wed, 13 Feb 2019 17:47:30 -0500","path":"/news/11725899/ex-apple-exec-who-oversaw-insider-trading-policy-profited-on-inside-info-sec-says","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated at 12:30 p.m. PST\u003c/strong>\u003c/p>\n\u003cp>The U.S. Securities and Exchange Commission says the executive who was in charge of Apple's insider trading policy himself committed insider trading in 2015 and 2016 —\u003cstrong> \u003c/strong>in one case, selling off about $10 million in Apple stock in advance of a quarterly earnings announcement.\u003c/p>\n\u003cp>That executive is Gene Levoff, who was until last year Apple's senior director of corporate law and corporate secretary. \u003ca href=\"https://www.sec.gov/litigation/complaints/2019/comp-pr2019-10.pdf\">According to a complaint\u003c/a> filed Wednesday in U.S. District Court in New Jersey, as head of the company's corporate law group, Levoff was responsible for ensuring compliance with Apple's insider trading policy, as well as determining the criteria for those employees — including himself — restricted from trading around quarterly earnings announcements.\u003c/p>\n\u003cp>But the SEC says that on at least three occasions in 2015 and 2016, Levoff used inside information about Apple's finances to avoid losses or make a profit for himself by trading Apple stock:\u003c/p>\n\u003cblockquote>\n\u003cp>\"For example, in July 2015 Levoff received material nonpublic financial data that showed Apple would miss analysts' third quarter estimates for iPhone unit sales. Between July 17 and the public release of Apple's quarterly earnings information on July 21, Levoff sold approximately $10 million dollars of Apple stock — virtually all of his Apple holdings — from his personal brokerage accounts. Apple's stock dropped more than four percent when it publicly disclosed its quarterly financial data. By trading on this material nonpublic information, Levoff avoided approximately $345,000 in losses.\"\u003c/p>\n\u003c/blockquote>\n\u003cp>The Department of Justice also announced \u003ca href=\"https://www.justice.gov/usao-nj/pr/former-director-corporate-law-global-technology-company-charged-insider-trading\">it has charged\u003c/a> Levoff with one count of securities fraud. The criminal charge carries a potential penalty of 20 years in prison and a $5 million fine.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Levoff, 44, became Apple's senior director of corporate law in 2013, after five years as its director of corporate law. He was also chair of the company's Disclosure Committee — where he was was privy to \"material nonpublic information about Apple's financial results\" — from September 2008 until July 2018, when he was placed on leave. He was fired from Apple in September 2018.\u003c/p>\n\u003cp>The SEC's complaint points the finger squarely at Levoff, and not at Apple, which it says took steps to prevent employees from trading on material nonpublic information, including undisclosed financial results: \"Apple had an insider trading policy that applied to all employees. Many employees, including Levoff, also received notice when restricted trading periods, known as 'blackout' periods, were in effect. The notices, emailed to employees subject to the blackout periods, reminded them of the insider trading policy, and since at least 2015, included a link to the insider trading policy.\"\u003c/p>\n\u003cp>According to the complaint, Levoff's role including sending, or supervising the sending, of those notification emails to individuals subject to trading restrictions around Apple's quarterly earnings announcements. \u003c/p>\n\u003cp>In 2015, Levoff also initiated and implemented an update to Apple's insider trading policy.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11722000/apple-disables-group-facetime-after-security-flaw-let-callers-secretly-eavesdrop\">Apple Disables Group FaceTime After Security Flaw Let Callers Secretly Eavesdrop\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11722000/apple-disables-group-facetime-after-security-flaw-let-callers-secretly-eavesdrop\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/ap_18155675767680-83d2a42c023f8f59749887b47d08d49f225aedf9-1020x765.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Apple did not immediately reply to NPR's request for a comment. \u003c/p>\n\u003cp>The complaint alleges that Levoff had committed insider trading on three previous occasions in 2011 and 2012: \"In each instance, after receiving an email stating that Apple's pre-earnings release blackout period had begun, Levoff bought thousands of shares of Apple stock before the company released its earnings to the public. He then sold them shortly after the public positive\u003cbr>announcements of Apple's quarterly earnings.\"\u003c/p>\n\u003cp>Levoff made about $245,000 in profit from those trades, according to the complaint.\u003c/p>\n\u003cp>The SEC wants Levoff to pay back the profits gained and losses avoided because of his alleged actions, which the commission says amounts to approximately $382,000. It also seeks a monetary penalty against Levoff and to bar him from serving as an officer or director of a public company in the future.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Levoff is being sued in U.S. District Court in New Jersey. The computer servers on which many of the trades were executed are located in New Jersey, the SEC says. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Former+Apple+Executive+Accused+Of+Insider+Trading+By+SEC&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11725899/ex-apple-exec-who-oversaw-insider-trading-policy-profited-on-inside-info-sec-says","authors":["byline_news_11725899"],"programs":["news_72"],"categories":["news_6188","news_8","news_248"],"tags":["news_19182","news_4833","news_3374"],"affiliates":["news_253"],"featImg":"news_11726031","label":"source_news_11725899"},"news_11695040":{"type":"posts","id":"news_11695040","meta":{"index":"posts_1591205157","site":"news","id":"11695040","score":null,"sort":[1538085900000]},"guestAuthors":[],"slug":"sec-sues-tesla-ceo-elon-musk-for-securities-fraud","title":"SEC Sues Tesla CEO Elon Musk for Securities Fraud","publishDate":1538085900,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>\u003cstrong>Updated at 6:03 p.m. ET\u003c/strong>\u003c/p>\n\u003cp>The U.S. Securities and Exchange Commission is suing Tesla CEO Elon Musk, alleging securities fraud a month after he announced that he planned to take the publicly traded electric car company private.\u003c/p>\n\u003cp>\"Musk's false and misleading public statements and omissions caused significant confusion and disruption in the market for Tesla's stock and resulting harm to investors,\" the \u003ca href=\"https://www.scribd.com/document/389617063/United-States-Securities-and-Exchange-Commission-v-Musk#fullscreen&from_embed\">lawsuit \u003c/a>says.\u003c/p>\n\u003cp>The SEC is asking the court to ban Musk from acting as an officer or director of any publicly traded company. In addition to being at the helm of Tesla, he's also the CEO and founder of SpaceX.\u003c/p>\n\u003cp>Musk denies the allegations of wrongdoing and insists he did not mislead investors.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency and investors,\" Musk told NPR in an emailed statement.\u003c/p>\n\u003cp>\"Integrity is the most important value in my life and the facts will show I never compromised this in any way,\" he added.\u003c/p>\n\u003cp>The case stems from an Aug. 7 tweet in which Musk \u003ca href=\"https://twitter.com/elonmusk/status/1026872652290379776\">boasted \u003c/a>that he could take Tesla private at $420 a share — a significant premium over its price at the time — and that funding for the switch was \"secured.\"\u003c/p>\n\u003cp>https://twitter.com/elonmusk/status/1026872652290379776\u003c/p>\n\u003cp>Those eight words were enough to send the stock soaring — up by nearly \u003ca href=\"https://www.npr.org/2018/08/07/636412162/8-years-after-going-public-elon-musk-wants-to-take-tesla-private\">11 percent\u003c/a> by the end of the day.\u003c/p>\n\u003cp>Musk later posted that the only thing he needed to take Tesla private was a shareholder vote.\u003c/p>\n\u003cp>The SEC complaint says that \"Musk had not even discussed, much less confirmed, key deal terms, including price with any potential funding source.\"\u003c/p>\n\u003cp>It alleges the 47-year-old \"knew or was reckless in not knowing that each of these statements was false and/or misleading because he did not have an adequate basis in fact for his assertions.\"\u003c/p>\n\u003cp>As NPR's Sasha Ingber \u003ca href=\"https://www.npr.org/2018/09/18/649313979/tesla-is-under-investigation-by-the-justice-department\">reported\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>\"Musk said [later] his tweet was prompted by \u003ca href=\"https://www.npr.org/2018/08/13/638176030/elon-musk-says-saudi-investment-fund-could-help-him-take-tesla-private\">Saudi Arabia's sovereign wealth fund\u003c/a>, which brought up the possibility of taking the company private. Tesla later admitted that it did not have the funding for the deal, and less than three weeks after his tweet, Musk walked back the prospect of going private.\u003c/p>\n\u003cp>\"Short-sellers who had anticipated that Tesla's stock would fall said Musk's tweet was meant to manipulate the shares, according to the Associated Press.\"\u003c/p>\u003c/blockquote>\n\u003cp>In a \u003ca href=\"https://www.tesla.com/blog/taking-tesla-private?redirect=no\">statement\u003c/a> on Tesla's website following the initial tweet, Musk provided an explanation for setting the stock price at $420, writing that he had calculated the price per share based on a \"20% premium over the stock price following our Q2 earnings call (which had already increased by 16%). \"\u003c/p>\n\u003cp>The court documents note the calculation resulted in a price of $419, but that Musk later admitted he had added the extra dollar — $420 — \"because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price.' \"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tesla stock was down nearly 10 percent in after-hours trading.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=SEC+Sues+Tesla+CEO+Elon+Musk+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"\"Musk's false and misleading public statements and omissions caused significant confusion and disruption in the market for Tesla's stock and resulting harm to investors,\" the lawsuit says.","status":"publish","parent":0,"modified":1538088796,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":540},"headData":{"title":"SEC Sues Tesla CEO Elon Musk for Securities Fraud | KQED","description":""Musk's false and misleading public statements and omissions caused significant confusion and disruption in the market for Tesla's stock and resulting harm to investors," the lawsuit says.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11695040 https://ww2.kqed.org/news/?p=11695040","disqusUrl":"https://ww2.kqed.org/news/2018/09/27/sec-sues-tesla-ceo-elon-musk-for-securities-fraud/","disqusTitle":"SEC Sues Tesla CEO Elon Musk for Securities Fraud","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Kiichiro Sato","nprByline":"Vanessa Romo","nprImageAgency":"AP","nprStoryId":"652315858","nprApiLink":"http://api.npr.org/query?id=652315858&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2018/09/27/652315858/sec-sues-tesla-ceo-elon-musk?ft=nprml&f=652315858","nprRetrievedStory":"1","nprPubDate":"Thu, 27 Sep 2018 18:03:00 -0400","nprStoryDate":"Thu, 27 Sep 2018 16:52:00 -0400","nprLastModifiedDate":"Thu, 27 Sep 2018 18:03:32 -0400","path":"/news/11695040/sec-sues-tesla-ceo-elon-musk-for-securities-fraud","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated at 6:03 p.m. ET\u003c/strong>\u003c/p>\n\u003cp>The U.S. Securities and Exchange Commission is suing Tesla CEO Elon Musk, alleging securities fraud a month after he announced that he planned to take the publicly traded electric car company private.\u003c/p>\n\u003cp>\"Musk's false and misleading public statements and omissions caused significant confusion and disruption in the market for Tesla's stock and resulting harm to investors,\" the \u003ca href=\"https://www.scribd.com/document/389617063/United-States-Securities-and-Exchange-Commission-v-Musk#fullscreen&from_embed\">lawsuit \u003c/a>says.\u003c/p>\n\u003cp>The SEC is asking the court to ban Musk from acting as an officer or director of any publicly traded company. In addition to being at the helm of Tesla, he's also the CEO and founder of SpaceX.\u003c/p>\n\u003cp>Musk denies the allegations of wrongdoing and insists he did not mislead investors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency and investors,\" Musk told NPR in an emailed statement.\u003c/p>\n\u003cp>\"Integrity is the most important value in my life and the facts will show I never compromised this in any way,\" he added.\u003c/p>\n\u003cp>The case stems from an Aug. 7 tweet in which Musk \u003ca href=\"https://twitter.com/elonmusk/status/1026872652290379776\">boasted \u003c/a>that he could take Tesla private at $420 a share — a significant premium over its price at the time — and that funding for the switch was \"secured.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1026872652290379776"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Those eight words were enough to send the stock soaring — up by nearly \u003ca href=\"https://www.npr.org/2018/08/07/636412162/8-years-after-going-public-elon-musk-wants-to-take-tesla-private\">11 percent\u003c/a> by the end of the day.\u003c/p>\n\u003cp>Musk later posted that the only thing he needed to take Tesla private was a shareholder vote.\u003c/p>\n\u003cp>The SEC complaint says that \"Musk had not even discussed, much less confirmed, key deal terms, including price with any potential funding source.\"\u003c/p>\n\u003cp>It alleges the 47-year-old \"knew or was reckless in not knowing that each of these statements was false and/or misleading because he did not have an adequate basis in fact for his assertions.\"\u003c/p>\n\u003cp>As NPR's Sasha Ingber \u003ca href=\"https://www.npr.org/2018/09/18/649313979/tesla-is-under-investigation-by-the-justice-department\">reported\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>\"Musk said [later] his tweet was prompted by \u003ca href=\"https://www.npr.org/2018/08/13/638176030/elon-musk-says-saudi-investment-fund-could-help-him-take-tesla-private\">Saudi Arabia's sovereign wealth fund\u003c/a>, which brought up the possibility of taking the company private. Tesla later admitted that it did not have the funding for the deal, and less than three weeks after his tweet, Musk walked back the prospect of going private.\u003c/p>\n\u003cp>\"Short-sellers who had anticipated that Tesla's stock would fall said Musk's tweet was meant to manipulate the shares, according to the Associated Press.\"\u003c/p>\u003c/blockquote>\n\u003cp>In a \u003ca href=\"https://www.tesla.com/blog/taking-tesla-private?redirect=no\">statement\u003c/a> on Tesla's website following the initial tweet, Musk provided an explanation for setting the stock price at $420, writing that he had calculated the price per share based on a \"20% premium over the stock price following our Q2 earnings call (which had already increased by 16%). \"\u003c/p>\n\u003cp>The court documents note the calculation resulted in a price of $419, but that Musk later admitted he had added the extra dollar — $420 — \"because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price.' \"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tesla stock was down nearly 10 percent in after-hours trading.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=SEC+Sues+Tesla+CEO+Elon+Musk+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11695040/sec-sues-tesla-ceo-elon-musk-for-securities-fraud","authors":["byline_news_11695040"],"programs":["news_72"],"categories":["news_1758","news_6188","news_8","news_248"],"tags":["news_3897","news_23052","news_3374","news_6022","news_57"],"affiliates":["news_253"],"featImg":"news_11695041","label":"source_news_11695040"},"news_78787":{"type":"posts","id":"news_78787","meta":{"index":"posts_1591205157","site":"news","id":"78787","score":null,"sort":[1351016872000]},"guestAuthors":[],"slug":"bay-area-startups-await-crowdfunding-regulations","title":"Bay Area Startups Await Crowdfunding Regulations","publishDate":1351016872,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>By Matt Drange, \u003ca href=\"http://www.baycitizen.org/business/story/bay-area-startups-await-crowdfunding/\">The Bay Citizen\u003c/a>\u003c/p>\n\u003cp>How much online advertising is too much?\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo4.png\">\u003cimg class=\"alignleft size-full wp-image-78798\" title=\"BayCitizenLogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo4.png\" alt=\"\" width=\"218\" height=\"74\">\u003c/a>That’s one of the questions before the U.S. Securities and Exchange Commission as it finalizes regulations to let companies to raise money from investors through crowdfunding.\u003c/p>\n\u003cp>The advertising regulations are one of a slew of issues the SEC must address in order to implement the federal Jumpstart Our Business Startups (JOBS) Act, which includes a provision that will allow startups to raise money by selling shares to investors through websites known as funding portals.\u003c/p>\n\u003cfigure id=\"attachment_78804\" class=\"wp-caption alignright\" style=\"max-width: 318px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Money-Sleeve.jpg\">\u003cimg class=\"size-large wp-image-78804\" title=\"Money Sleeve\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Money-Sleeve-1024x682.jpg\" alt=\"\" width=\"318\" height=\"211\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jupiter Images\u003c/figcaption>\u003c/figure>\n\u003cp>The JOBS Act, signed by President Barack Obama in April, attempts to adapt the popular idea of Internet crowdfunding to the sophisticated business of selling securities.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The SEC’s rules are eagerly awaited by some high-tech and financial startups in the Bay Area, which would be able to sell shares without restrictions enacted over the years to protect naïve investors from throwing their money away.\u003c/p>\n\u003cp>Currently, crowdfunding websites are limited to rewards-based models like Kickstarter, where people can donate money in exchange for goods. An individual soliciting donations to support the production of a documentary, for example, might give free copies of the finished product to investors.\u003c/p>\n\u003cp>Under the new model, companies can register with the SEC as funding portals without having to be a licensed broker-dealer. Broker-dealers are heavily regulated firms that are authorized to sell securities to investors and to give what the SEC considers investment advice.\u003c!--more-->\u003c/p>\n\u003cp>Equity-based crowdfunding would allow companies to bypass broker-dealers and sell shares to investors who do not meet the $200,000 annual income or $1 million net worth thresholds required under federal law to become an “accredited investor.”\u003c/p>\n\u003cp>“We think there’s a great opportunity to reach a wider crowd,” said Rory Eakin, co-founder of CircleUp, a San Francisco-based startup that raises funds for companies through a partnership with an established broker-dealer. Rather than wait until the rules are finalized, Eakin said the company is in the process of registering as a broker-dealer itself.\u003c/p>\n\u003cp>One important issue the SEC faces as it drafts the crowdfunding regulations is how the funding portals will be allowed to solicit investments.\u003c/p>\n\u003cp>Generally, only broker-dealers are allowed to give what the SEC broadly defines as “investment advice,” a caveat included in the Investment Company Act of 1940 to protect investors. But if a funding portal sends out advertisements to average investors notifying them of a new investment opportunity, there is concern that it could constitute giving advice, said Freeman White, co-founder and CEO of the technology company Launcht, which helps set up funding portals.\u003c/p>\n\u003cp>White, who is also a member of the \u003ca href=\"http://www.cfira.org/\" target=\"_blank\">Crowdfund Intermediary Regulatory Advocates\u003c/a>, was one of a handful of private industry executives who met with SEC regulators in Washington this month to discuss limits on advertising and soliciting investors. The meeting was the latest in a half-dozen between the group and the SEC, which recently closed the public comment period on its proposed rule changes.\u003c/p>\n\u003cp>“A portal might send around newsletters that say, ‘You should check this out,’ ” White said. “The concern is that the public will connote that with investment advice. So we’re trying to work out what constitutes advice and how far is too far.”\u003c/p>\n\u003cp>The issue has the attention of many Bay Area startups looking to use the crowdfunding model to fund specific industries, such as CircleUp, which focuses exclusively on retail companies.\u003c/p>\n\u003cp>In these cases, the question is whether soliciting potential investors with two or three cash-strapped startups constitutes advice because of the limited scope of the offers.\u003c/p>\n\u003cp>The fear, said David Blass, chief counsel and associate director of the SEC’s Trading and Markets Division, is that portals will cherry-pick specific investment opportunities while ignoring others that could be in the best interest of investors. By narrowing the field of investments, Blass said an offer could be taken as giving advice to invest in a particular company or niche industry.\u003c/p>\n\u003cp>The JOBS Act also prohibits portals from using personal information to target ads to investors. If an investor searched a portal for a specific company, for example, it would be illegal for that website to target advertisements for similar companies based on the search terms. The practice is common for online shopping websites like Amazon.\u003c/p>\n\u003cp>The SEC has until the end of the year to roll out the final regulations, but many in the industry say it isn’t likely to happen until next year.\u003c/p>\n\u003cp>Some expect the SEC to give crowdfunding portals very little leeway in advertising investment opportunities. Sherwood Neiss, who helped come up with the crowdfunding proposal eventually included in the JOBS Act, said he expects the SEC to restrict advertising to generic notices.\u003c/p>\n\u003cp>“It’s going to be limited,” said Neiss, co-founder of \u003ca href=\"http://crowdfundcapitaladvisors.com/\" target=\"_blank\">Crowdfund Capital Advisors\u003c/a>, a consulting firm with offices in San Francisco that has lobbied the SEC on the regulations. “It won’t say anything about return on investment or how much you’re trying to raise.”\u003c/p>\n\u003cp>“They don’t want people pumping up deals,” he said.\u003c/p>\n\u003cp>But the excitement over crowdfunding has some worried that the model will open the door for investor fraud.\u003c/p>\n\u003cp>The SEC says it is watching for companies already selling to unaccredited investors, but will not say if any have been caught yet. Neiss said he notified the SEC of at least two portals that he thought were operating illegally but declined to name the companies.\u003c/p>\n\u003cp>Another concern for startups considering crowdfunding as a way to raise capital is that they can be held liable in shareholder lawsuits if fraudulent offers are posted on crowdfunding portals.\u003c/p>\n\u003cp>Marc Fagel, regional director of the SEC’s San Francisco office, warned a roomful of people at an investor fraud summit this month in Walnut Creek to be wary of potential scams.\u003c/p>\n\u003cp>“Whenever somebody is talking about new regulations,” Fagel said, “people are going to use that for fraud.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced by The Bay Citizen, a project of the Center for Investigative Reporting. Learn more at www.baycitizen.org.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1351016872,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1054},"headData":{"title":"Bay Area Startups Await Crowdfunding Regulations | KQED","description":"By Matt Drange, The Bay Citizen How much online advertising is too much? That’s one of the questions before the U.S. Securities and Exchange Commission as it finalizes regulations to let companies to raise money from investors through crowdfunding. The advertising regulations are one of a slew of issues the SEC must address in order","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"78787 http://ww2.kqed.org/news/?p=78787","disqusUrl":"https://ww2.kqed.org/news/2012/10/23/bay-area-startups-await-crowdfunding-regulations/","disqusTitle":"Bay Area Startups Await Crowdfunding Regulations","path":"/news/78787/bay-area-startups-await-crowdfunding-regulations","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>By Matt Drange, \u003ca href=\"http://www.baycitizen.org/business/story/bay-area-startups-await-crowdfunding/\">The Bay Citizen\u003c/a>\u003c/p>\n\u003cp>How much online advertising is too much?\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo4.png\">\u003cimg class=\"alignleft size-full wp-image-78798\" title=\"BayCitizenLogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo4.png\" alt=\"\" width=\"218\" height=\"74\">\u003c/a>That’s one of the questions before the U.S. Securities and Exchange Commission as it finalizes regulations to let companies to raise money from investors through crowdfunding.\u003c/p>\n\u003cp>The advertising regulations are one of a slew of issues the SEC must address in order to implement the federal Jumpstart Our Business Startups (JOBS) Act, which includes a provision that will allow startups to raise money by selling shares to investors through websites known as funding portals.\u003c/p>\n\u003cfigure id=\"attachment_78804\" class=\"wp-caption alignright\" style=\"max-width: 318px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Money-Sleeve.jpg\">\u003cimg class=\"size-large wp-image-78804\" title=\"Money Sleeve\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Money-Sleeve-1024x682.jpg\" alt=\"\" width=\"318\" height=\"211\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jupiter Images\u003c/figcaption>\u003c/figure>\n\u003cp>The JOBS Act, signed by President Barack Obama in April, attempts to adapt the popular idea of Internet crowdfunding to the sophisticated business of selling securities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The SEC’s rules are eagerly awaited by some high-tech and financial startups in the Bay Area, which would be able to sell shares without restrictions enacted over the years to protect naïve investors from throwing their money away.\u003c/p>\n\u003cp>Currently, crowdfunding websites are limited to rewards-based models like Kickstarter, where people can donate money in exchange for goods. An individual soliciting donations to support the production of a documentary, for example, might give free copies of the finished product to investors.\u003c/p>\n\u003cp>Under the new model, companies can register with the SEC as funding portals without having to be a licensed broker-dealer. Broker-dealers are heavily regulated firms that are authorized to sell securities to investors and to give what the SEC considers investment advice.\u003c!--more-->\u003c/p>\n\u003cp>Equity-based crowdfunding would allow companies to bypass broker-dealers and sell shares to investors who do not meet the $200,000 annual income or $1 million net worth thresholds required under federal law to become an “accredited investor.”\u003c/p>\n\u003cp>“We think there’s a great opportunity to reach a wider crowd,” said Rory Eakin, co-founder of CircleUp, a San Francisco-based startup that raises funds for companies through a partnership with an established broker-dealer. Rather than wait until the rules are finalized, Eakin said the company is in the process of registering as a broker-dealer itself.\u003c/p>\n\u003cp>One important issue the SEC faces as it drafts the crowdfunding regulations is how the funding portals will be allowed to solicit investments.\u003c/p>\n\u003cp>Generally, only broker-dealers are allowed to give what the SEC broadly defines as “investment advice,” a caveat included in the Investment Company Act of 1940 to protect investors. But if a funding portal sends out advertisements to average investors notifying them of a new investment opportunity, there is concern that it could constitute giving advice, said Freeman White, co-founder and CEO of the technology company Launcht, which helps set up funding portals.\u003c/p>\n\u003cp>White, who is also a member of the \u003ca href=\"http://www.cfira.org/\" target=\"_blank\">Crowdfund Intermediary Regulatory Advocates\u003c/a>, was one of a handful of private industry executives who met with SEC regulators in Washington this month to discuss limits on advertising and soliciting investors. The meeting was the latest in a half-dozen between the group and the SEC, which recently closed the public comment period on its proposed rule changes.\u003c/p>\n\u003cp>“A portal might send around newsletters that say, ‘You should check this out,’ ” White said. “The concern is that the public will connote that with investment advice. So we’re trying to work out what constitutes advice and how far is too far.”\u003c/p>\n\u003cp>The issue has the attention of many Bay Area startups looking to use the crowdfunding model to fund specific industries, such as CircleUp, which focuses exclusively on retail companies.\u003c/p>\n\u003cp>In these cases, the question is whether soliciting potential investors with two or three cash-strapped startups constitutes advice because of the limited scope of the offers.\u003c/p>\n\u003cp>The fear, said David Blass, chief counsel and associate director of the SEC’s Trading and Markets Division, is that portals will cherry-pick specific investment opportunities while ignoring others that could be in the best interest of investors. By narrowing the field of investments, Blass said an offer could be taken as giving advice to invest in a particular company or niche industry.\u003c/p>\n\u003cp>The JOBS Act also prohibits portals from using personal information to target ads to investors. If an investor searched a portal for a specific company, for example, it would be illegal for that website to target advertisements for similar companies based on the search terms. The practice is common for online shopping websites like Amazon.\u003c/p>\n\u003cp>The SEC has until the end of the year to roll out the final regulations, but many in the industry say it isn’t likely to happen until next year.\u003c/p>\n\u003cp>Some expect the SEC to give crowdfunding portals very little leeway in advertising investment opportunities. Sherwood Neiss, who helped come up with the crowdfunding proposal eventually included in the JOBS Act, said he expects the SEC to restrict advertising to generic notices.\u003c/p>\n\u003cp>“It’s going to be limited,” said Neiss, co-founder of \u003ca href=\"http://crowdfundcapitaladvisors.com/\" target=\"_blank\">Crowdfund Capital Advisors\u003c/a>, a consulting firm with offices in San Francisco that has lobbied the SEC on the regulations. “It won’t say anything about return on investment or how much you’re trying to raise.”\u003c/p>\n\u003cp>“They don’t want people pumping up deals,” he said.\u003c/p>\n\u003cp>But the excitement over crowdfunding has some worried that the model will open the door for investor fraud.\u003c/p>\n\u003cp>The SEC says it is watching for companies already selling to unaccredited investors, but will not say if any have been caught yet. Neiss said he notified the SEC of at least two portals that he thought were operating illegally but declined to name the companies.\u003c/p>\n\u003cp>Another concern for startups considering crowdfunding as a way to raise capital is that they can be held liable in shareholder lawsuits if fraudulent offers are posted on crowdfunding portals.\u003c/p>\n\u003cp>Marc Fagel, regional director of the SEC’s San Francisco office, warned a roomful of people at an investor fraud summit this month in Walnut Creek to be wary of potential scams.\u003c/p>\n\u003cp>“Whenever somebody is talking about new regulations,” Fagel said, “people are going to use that for fraud.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced by The Bay Citizen, a project of the Center for Investigative Reporting. Learn more at www.baycitizen.org.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/78787/bay-area-startups-await-crowdfunding-regulations","authors":["236"],"programs":["news_6944"],"categories":["news_1758","news_8"],"tags":["news_3081","news_3374"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2019/07/commonwealthclub.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. Plus, KQED’s Bianca Taylor brings you the local KQED news you need to know.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2022/02/Consider-This_3000_V3-copy-scaled-1.jpg","imageAlt":"Consider This from NPR and KQED","officialWebsiteLink":"/podcasts/considerthis","meta":{"site":"news","source":"kqed","order":"7"},"link":"/podcasts/considerthis","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1503226625?mt=2&at=11l79Y&ct=nprdirectory","npr":"https://rpb3r.app.goo.gl/coronavirusdaily","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM1NS9wb2RjYXN0LnhtbA","spotify":"https://open.spotify.com/show/3Z6JdCS2d0eFEpXHKI6WqH"}},"forum":{"id":"forum","title":"Forum","tagline":"The conversation starts here","info":"KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.","airtime":"MON-FRI 9am-11am, 10pm-11pm","imageSrc":"https://ww2.kqed.org/app/uploads/2022/06/forum-logo-900x900tile-1.gif","imageAlt":"KQED Forum with Mina Kim and Alexis Madrigal","officialWebsiteLink":"/forum","meta":{"site":"news","source":"kqed","order":"8"},"link":"/forum","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/kqeds-forum/id73329719","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz","npr":"https://www.npr.org/podcasts/432307980/forum","stitcher":"https://www.stitcher.com/podcast/kqedfm-kqeds-forum-podcast","rss":"https://feeds.megaphone.fm/KQINC9557381633"}},"freakonomics-radio":{"id":"freakonomics-radio","title":"Freakonomics Radio","info":"Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2022/02/mindshift2021-tile-3000x3000-1-scaled-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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