SEC v. Alexander Rowland (2020)
Settled
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In October 2020 the SEC sued Alexander Rowland, who consented to a judgment: an injunction was entered on 1 July 2021 and on 20 October 2021 the Eastern District of Pennsylvania ordered US$2,196,836.51 in disgorgement, deemed satisfied by a criminal restitution order of the same amount.
The record
| Agency | SEC |
|---|---|
| Release number | LR-24944 |
| Date filed | 2020-10-13 |
| Date resolved | 2021-10-20 |
| Status | settled |
| Criminal parallel | Yes: charged (Rowland), Eastern District of Pennsylvania, 2020-10-13 |
| Defendants | Alexander Rowland |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Securities Act s.17(a) |
| Techniques |
What was ordered
- Civil penalty
- —
- Disgorgement
- $2.2m
- Prejudgment interest
- —
- Total relief
- $2.2m
- Alleged gain
- —
What is alleged to have happened
The SEC announced the complaint on October 13, 2020 (LR-24944) in federal court in Philadelphia. It alleges phony account updates urged investors to reinvest and that most money went to personal expenses and some Ponzi-like payments to earlier investors. The SEC charges Section 17(a), Section 10(b) and Rule 10b-5.
The Ponzi tag is removed because the release is headed an offering fraud, with Ponzi-like payments only one use of the money.
Outcome. A partial consent judgment was filed on 1 July 2021, and the court's order of 20 October 2021 added disgorgement of US$2,196,836.51, the net profits alleged in the complaint, deemed satisfied by the restitution order in United States v. Rowland. The October order carries forward the injunction against violating Section 17(a), Section 10(b) and Rule 10b-5. The July filing is a scanned image whose text could not be machine-read, so its terms are taken from the October order.
The judgment was by consent, so the allegations were not tried. No penalty or prejudgment interest appears in the order, and the criminal sentence is not stated in it.
Timeline
- 2020-10-13 Litigation release published
- 2021-07-01 Partial consent judgment filed
- 2021-10-20 Order granting judgment: disgorgement deemed satisfied by criminal restitution
Primary documents
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