As a result of the influx of fraudulent activity stemming from the COVID-19 pandemic, in April the Enforcement Division of the United States Securities and Exchange Commission (“SEC”) suspended trading for more than 20 publicly-traded companies, including 16 penny stocks on the OTC market. The SEC explained that it has concerns that these companies have made suspect or questionable claims regarding, inter alia, vaccines, protective devices, testing, mitigation, and technology to treat the virus. In one such order, the SEC explained that “the public interest and the protection of investors” warranted suspension because the commission has “concerns about the adequacy and accuracy of publicly available information” about the company.
SEC Chairman Jay Clayton and Division of Corporate Finance Director William Hinman also issued a joint statement earlier this month advising companies that, in light of the significant economic impacts of COVID-19, companies’ upcoming earnings releases should “provide as much information as is practicable regarding their current financial and operating status, as well as their future operational and financial planning[.]” The statement contained an admonition against any potentially fraudulent activity, warning that Commission remains “laser-focused on identifying bad actors who would seek to use the current uncertainty to prey on our investors.”
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Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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Faruqi & Faruqi
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Tel: (212) 983-9330
Fax: (212) 983-9331