SEC v. Oppenheimer & Co. Inc. (unregistered distributions, 2015)
Settled
Checked against the primary document on October 2, 2026. The library's summary, tags and figures for this record were compared with the regulator's own document by an AI model (Claude) following written instructions, with sampled and disputed records read a second time. No lawyer has reviewed them. A checked record can still contain errors, and checked does not mean endorsed. See how we check records or report a correction.
In January 2015 the Securities and Exchange Commission settled an administrative proceeding with Oppenheimer & Co. Inc. over two courses of conduct: executing billions of penny-stock shares for an unregistered Bahamian broker-dealer customer while failing to withhold taxes and report properly, and selling shares for another customer in violation of Securities Act Section 5. Oppenheimer was censured and ordered to pay $4,168,400 in disgorgement, $753,471 in prejudgment interest and $5,078,129 in penalties; a further $10 million penalty was deferred in light of a FinCEN penalty.
The record
| Agency | SEC |
|---|---|
| Release number | 3-16361 |
| Date filed | 2015-01-27 |
| Date resolved | 2015-01-27 |
| Status | settled |
| Asset class | equities |
| Criminal parallel | No |
| Defendants | Oppenheimer & Co. Inc. |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Exchange Act s.15(a) ; Securities Act s.17(a) ; Securities Act s.5 |
| Techniques | Unregistered distributions |
What was ordered
- Civil penalty
- $5.1m
- Disgorgement
- $4.2m
- Prejudgment interest
- $753k
- Total relief
- $10m
- Alleged gain
- —
What is alleged to have happened
the Securities and Exchange Commission announced this matter on January 27, 2015 as release 3-16361. The respondents named are Oppenheimer & Co. Inc. (0 individuals, 1 entity).
The order finds that between 2008 and 2010 Oppenheimer sold more than 2.5 billion shares of a penny stock for a customer, generating about $12 million in proceeds and $588,400 in commissions, and that it knew the Gibraltar customer was acting as an unregistered broker for U.S. persons using a false tax form. A Gibraltar-related pump-and-dump case is cited as background; Oppenheimer is not charged with manipulating a price. This library tags the matter as unregistered distributions.
The conduct is recorded against equities.
The relief recorded in our data is disgorgement of $4,168,400, prejudgment interest of $753,471, civil penalties of $5,078,129. Penalty and disgorgement are distinct: disgorgement returns the gain, while the penalty is punitive. We store them separately so that aggregate figures across the library are not double-counted.
What technique is this, and how does it work?
This action is tagged with one technique in our taxonomy. The tagging is ours: regulators charge statutory provisions, not technique names, so the mapping is an editorial judgement described in our editorial policy.
- Unregistered distributions — see how it works, what statute it engages, and every other action tagged the same way.
Timeline
Primary documents
Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.
Related actions
Other actions in the library sharing at least one technique tag with this one.
| Action | Agency | Filed | Technique | Penalty | Status |
|---|---|---|---|---|---|
| SEC v. Zachary Miller (unregistered distributions, 2026) | SEC | 2026-03-05 | Unregistered Distributions | — | settled |
| SEC v. David Hudzik (unregistered distributions, 2025) | SEC | 2025-12-23 | Unregistered Distributions | $70k | judgment |
| SEC v. Ongkaruck Sripetch and others (pump and dump, 2025) | SEC | 2025-06-20 | Pump And Dump , Unregistered Distributions | $204k | judgment |
| SEC v. Peter Scalise III and The3rdBevco Inc. (unregistered distributions, 2025) | SEC | 2025-06-17 | Unregistered Distributions | $236k | settled |
| SEC v. Investview, Inc. (unregistered distributions, 2025) | SEC | 2025-01-17 | Unregistered Distributions | $375k | settled |
| SEC v. Tai Mo Shan Limited (unregistered distributions, 2024) | SEC | 2024-12-20 | Unregistered Distributions | $36.7m | settled |