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15 U.S.C. § 78jjjProhibited acts

submitted 56 years ago by Pub. L. 91-598 to r/title-15-COMMERCE-AND-TRADE · 829 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes several things illegal: a failing SIPC member doing business without paying assessments, working after a trustee takes over, defrauding a failing firm's estate, and falsely claiming SIPC membership or protection. Violations can bring fines up to $250,000 and prison time up to five years.

(a) Failure to pay assessment, etc. — If a SIPC member doesn't file a required report or doesn't pay an assessment owed under this chapter, and doesn't fix that within five days of getting written notice from SIPC (by filing the report or paying, plus interest and penalties), it becomes illegal for that member to keep doing business as a broker or dealer — unless the SEC specifically allows it. If the member disputes owing all or part of the amount, it can pay the full amount and then sue SIPC in federal district court to get back what it says it doesn't owe. (b) Engaging in business after appointment of trustee or initiation of direct payment procedure — It's illegal for a broker or dealer to keep doing business after a trustee has been appointed for it, or after a direct payment procedure has started for it, unless the SEC decides that's in the public interest. The SEC can bar or suspend, for any length of time, an officer, director, general partner, 10%-or-more owner, or controlling person of such a firm from working with any broker or dealer — but only after notice and a hearing, and only if the SEC finds that's in the public interest. (c) Concealment of assets; false statements or claims — (1) It's a crime to, in connection with a liquidation or direct payment procedure: use any scheme to defraud; engage in fraud or deceit; or, with fraudulent intent, hide or transfer estate property, make a false statement, use a false claim, receive property from the debtor, exchange money or property for acting or not acting, falsify records about the debtor's property, or withhold documents about the debtor's property or affairs from someone entitled to them. This is punishable by a fine up to $250,000, prison up to five years, or both. (2) It's also a crime to steal, embezzle, or fraudulently convert SIPC's money, securities, or other assets to your own use, or to otherwise defraud SIPC or a trustee — punishable the same way. (d) Misrepresentation of SIPC membership or protection — (1) It's illegal to falsely claim — through any means, including online — with actual knowledge the claim is false and intent to deceive or harm someone, that you or someone else is a SIPC member, or that an account or person is protected by SIPC. Violators are liable for resulting damages and face a fine up to $250,000 or up to five years in prison. (2) Courts can grant temporary or permanent injunctions to stop this. The injunction can be served and enforced anywhere in the U.S., and the court that issued it must send a certified copy of the case file to another court if that court is enforcing it.
the actual law source: uscode.house.gov ↗public domain
(a) Failure to pay assessment, etc.

If a member of SIPC shall fail to file any report or information required pursuant to this chapter, or shall fail to pay when due all or any part of an assessment made upon such member pursuant to this chapter, and such failure shall not have been cured, by the filing of such report or information or by the making of such payment, together with interest and penalty thereon, within five days after receipt by such member of written notice of such failure given by or on behalf of SIPC, it shall be unlawful for such member, unless specifically authorized by the Commission, to engage in business as a broker or dealer. If such member denies that it owes all or any part of the amount specified in such notice, it may after payment of the full amount so specified commence an action against SIPC in the appropriate United States district court to recover the amount it denies owing.

(b) Engaging in business after appointment of trustee or initiation of direct payment procedure

It shall be unlawful for any broker or dealer for whom a trustee has been appointed pursuant to this chapter or for whom a direct payment procedure has been initiated to engage thereafter in business as a broker or dealer, unless the Commission otherwise determines in the public interest. The Commission may by order bar or suspend for any period, any officer, director, general partner, owner of 10 per centum or more of the voting securities, or controlling person of any broker or dealer for whom a trustee has been appointed pursuant to this chapter or for whom a direct payment procedure has been initiated from being or becoming associated with a broker or dealer, if after appropriate notice and opportunity for hearing, the Commission shall determine such bar or suspension to be in the public interest.

(c) Concealment of assets; false statements or claims
(1) Specific prohibited acts

Any person who, directly or indirectly, in connection with or in contemplation of any liquidation proceeding or direct payment procedure—

(A)

employs any device, scheme, or artifice to defraud;

(B)

engages in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; or

(C)

fraudulently or with intent to defeat this chapter—

(i)

conceals or transfers any property belonging to the estate of a debtor;

(ii)

makes a false statement or account;

(iii)

presents or uses any false claim for proof against the estate of a debtor;

(iv)

receives any material amount of property from a debtor;

(v)

gives, offers, receives, transfers, or obtains any money or property, remuneration, compensation, reward, advantage, other consideration, or promise thereof, for acting or forebearing to act;

(vi)

conceals, destroys, mutilates, falsifies, makes a false entry in, or otherwise falsifies any document affecting or relating to the property or affairs of a debtor; or

(vii)

withholds, from any person entitled to its possession, any document affecting or relating to the property or affairs of a debtor,

shall be fined not more than $250,000 or imprisoned for not more than five years, or both.

(2) Fraudulent conversion

Any person who, directly or indirectly steals, embezzles, or fraudulently, or with intent to defeat this chapter, abstracts or converts to his own use or to the use of another any of the moneys, securities, or other assets of SIPC, or otherwise defrauds or attempts to defraud SIPC or a trustee by any means, shall be fined not more than $250,000 or imprisoned not more than five years, or both.

(d) Misrepresentation of SIPC membership or protection
(1) In general

Any person who falsely represents by any means (including, without limitation, through the Internet or any other medium of mass communication), with actual knowledge of the falsity of the representation and with an intent to deceive or cause injury to another, that such person, or another person, is a member of SIPC or that any person or account is protected or is eligible for protection under this chapter or by SIPC, shall be liable for any damages caused thereby and shall be fined not more than $250,000 or imprisoned for not more than 5 years.

(2) Injunctions

Any court having jurisdiction of a civil action arising under this chapter may grant temporary injunctions and final injunctions on such terms as the court deems reasonable to prevent or restrain any violation of paragraph (1). Any such injunction may be served anywhere in the United States on the person enjoined, shall be operative throughout the United States, and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction over that person. The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all papers in the case on file in such clerk’s office.

Source credit: (Pub. L. 91–598, § 14, formerly § 10, Dec. 30, 1970, 84 Stat. 1655; renumbered § 14 and amended Pub. L. 95–283, §§ 9, 13, May 21, 1978, 92 Stat. 260, 269; Pub. L. 111–203, title IX, § 929V(b), (c), July 21, 2010, 124 Stat. 1868.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-598 · 84 Stat. 1655
  • 1978Amended · Pub. L. 95-283 · 92 Stat. 260, 269
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1868

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-598 on 1970-12-30.

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