Initiated By
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Allegations
SEC Admin Release 34-76058/IA Release 4212/IA Company Act Release 31854/September 30, 2015: The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934 ("Exchange Act"), Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 ("Advisers Act"), and Section 9(b) of the Investment Company Act of 1940 ("Investment Company Act") against Howard Richards. From January 2010 through July 2013, Richards, an investment advisory representative associated with an investment adviser firm engaged in a manipulative scheme to support the market price of the common stock of a company, which he thought would help the company to obtain financing. Richards learned from the company's vice-president of finance that significant financing deals were dependent upon sustaining a sufficient market price for the company's stock. Richards manipulated the price of the stock by causing his clients' accounts to purchase shares at higher prices when its price fell below a certain level. Richards caused his clients to invest over $1 million in shares of the stock during this period. In furtherance of the scheme, Richards frequently marked the close by executing the last transaction in the stock on the days he traded. To affect the supply of the company's stock into the market and prevent downward pressure on the price, Richards convinced clients and other shareholders to not sell the stock and, when he could not prevent sales by clients, he placed orders simultaneously for other clients to buy the stock. In breach of his fiduciary duty as an investment adviser, Richards also failed to disclose to clients significant conflicts of interest arising from his ownership of company shares, personal loans to the company's officers, payment of company expenses, and his editing and providing content for the company's shareholder communications, before he bought shares of the company for them. As a result of his conduct, Richards willfully violated Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and willfully aided and abetted and caused his investment adviser firm's violations of Sections 206(1) and 206(2) of the Advisers Act.
Resolution
Order
Bar
Bar (Permanent)
Registration Capacities Affected
See comments
Duration
Indefinite
Start Date
9/30/2015
Registration Capacities Affected
Participating in any offering of a penny stock
Duration
Indefinite
Start Date
9/30/2015
Sanctions
Cease and Desist
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$75,000.00
Sanctions
Disgorgement
Amount
$62,000.00
Sanctions
Monetary Penalty other than Fines
Amount
$7,000.00
Sanctions
Prohibition