POST Online Media Lite Edition



 

Barclays agrees to $361 million settlement to resolve SEC charges relating to over-issuances of securities

Christian Fernsby |
The Securities and Exchange Commission charged Barclays and Barclays Bank (BBPLC) in connection with the unregistered offer and sale of an unprecedented amount of securities due to a failure to implement any internal control to track such transactions in real time.

Article continues below




Both firms restated their year-end 2021 audited financial statements filed with the Commission as a result of the over-issuances and internal control failure.

The firms agreed to pay a $200 million civil penalty and the SEC additionally ordered BBPLC to pay disgorgement and prejudgment interest of more than $161 million, which was deemed satisfied by an offer of rescission BBPLC made to investors in the unregistered offerings.

The SEC’s order states that, following a settled Commission action against a BBPLC affiliate in May 2017, BBPLC lost its status as a well-known seasoned issuer (WKSI).

As a result, BBPLC had to quantify the total number of securities that it anticipated offering and selling and pay registration fees for those offerings upon the filing of a new registration statement.

The SEC’s order notes that, given this requirement, BBPLC personnel understood that the firm needed to track actual offers and sales of securities against the amount of registered offers and sales on a real-time basis; yet, no internal control was established for this purpose.

According to the SEC’s order, as a result of this failure, BBPLC offered and sold approximately $17.7 billion of securities in unregistered transactions. As the SEC’s order states, BBPLC self-reported its over-issuances to regulators, provided meaningful cooperation during the SEC staff’s investigation, and subsequently commenced a rescission offer.

"This case highlights why it is essential for firms like Barclays to have robust internal controls over their offers and sales of securities," said Gurbir S. Grewal, Director of the SEC’s Division of Enforcement.

"While we acknowledge Barclays’ efforts to identify, disclose and remediate this conduct, the control deficiencies and the scope of the conduct at issue here was simply staggering. The time for other firms employing similar shelf registrations to take notice and improve their internal compliance and control functions is now."

"All issuers should maintain robust internal controls to prevent offering and selling securities in unregistered transactions," said Sheldon L. Pollock, Associate Regional Director of the SEC’s New York Regional Office. "We encourage any firms that have lost WKSI status to ensure the stability of their internal controls and to self-report any over-issuances, should any be found."

The SEC’s order finds that BBPLC violated provisions of the Securities Act of 1933 and that both firms violated provisions of the Securities Exchange Act of 1934.

Without admitting or denying the SEC’s findings, both firms agreed to cease-and-desist from violating the charged provisions and to comply with certain undertakings designed to effect compliance with Section 5 of the Securities Act, in addition to paying the $200 million civil penalty. BBPLC also agreed to pay disgorgement of $149,731,011 and prejudgment interest of $11,463,229, deemed satisfied by its offer of rescission.


What to read next

Barclays reaches $100 million Libor settlement in U.S.
CMA directs Barclays to fix banned banking practices
Barclays to pay $2 billion in residential mortgage-backed securities case

U.S.: Locally heavy rain and snow

 
A slow-moving front draped across the south-central portion of the CONUS continues to focus much of the active weather over the CONUS, and will continue to do for the next several days.
 
 

Latest

Epiphone announced seven Adam Jones Art Collection Les Paul Custom models
Canada’s first all-electric vehicle manufacturing facility opens in Ontario
Walmart to pay Massachusetts $500,000 as part of alleged drug pricing violations
Canon Europe promotes Hiro Imamura to EVP, digital printing & solutions

NEWS

Croatian MiG-21 crashed, both pilots survived

EPPO’s Paris office investigates French former MEP and assistant on suspicion of fictitious employment
Virginity testing, virginity certification and hymen reconstruction surgery to be criminalised in Sweden
UK rail walkouts confirmed over Christmas period
Russian state bank VTB hit by DDoS attack
6.2 magnitude earthquake jolts western Indonesia
 

BUSINESS

Deal on new law to ensure products causing deforestation are not sold in EU

NHS plans to return retired and partially retired staff to work
Germany approves tax benefits for small solar installations
Payday loans market to reach $6.8 billion
U.S. preliminarily finds some companies circumventing solar tariffs
Switzerland watchdog investigates labour market in banking sector
 

Trending Now

Asuncion, Mother of Cities and Paraguay’s center of culture, music and shopping

Epiphone announced seven Adam Jones Art Collection Les Paul Custom models

Walmart to pay Massachusetts $500,000 as part of alleged drug pricing violations

Canon Europe promotes Hiro Imamura to EVP, digital printing & solutions


POLITICS

Thousand of Moldova's households to get higher compensations when paying bills

FM: Hungary received exemption from using oil price cap
Commission approves €26.3 million Finnish measure to support SEVO in construction of hydroelectric pump storage
Five Polish regions to get €3.85 billion for just transition toward climate neutral economy
Jordan, Norway to partner on renewable energy, green hydrogen
Colorado submits Canadian drug importation plan to FDA
 

Today We Recommend

Payday loans market to reach $6.8 billion


Highlights 

Asda targets 300 new convenience stores creating 10,000 jobs in UK

Becker Robotic Equipment will create 137 new jobs in Cherokee County, Georgia

Iran’s shrimp exports to Russia up by 350% this year


COMPANIES

Asda targets 300 new convenience stores creating 10,000 jobs in UK

Illumina gets EU antitrust charge sheet to unwind Grail acquisition swiftly
Owens Corning completes sale of Russian operations
Milence charging network accelerates Europe's shift to fossil-free road transport
TotalEnergies to supply sustainable aviation fuel to Air France-KLM
Becker Robotic Equipment will create 137 new jobs in Cherokee County, Georgia
 

CAREERS

BioMar appoints Andrew Campbell as CEO for AQ1

Roche appoints Brad Moore as CEO of Roche Diagnostics North America
Duke Energy chief operating officer Dhiaa Jamil to retire
MSC Industrial Supply elects Rahquel Purcell as director
Boeing appoints Brendan Nelson as Boeing International
Totally appoints John McMullan as medical director
 

ECONOMY

Germany factory orders recover on foreign demand

South Africa's Q3 GDP grows 1.6%
World Bank hikes Philippines' 2022 GDP forecast to 7.2 pct
CBI severely downgrades UK growth forecast
Japan services PMI continued to expand in November
Italy: GDP growth loses momentum in Q3
 

EARNINGS

AutoZone Q1 net income decreased to $539.32 million

Genesco Q3 2023 GAAP earnings $1.66
Kirkland's Q3 sales $131.0 million
Cracker Barrel Old Country Store Q1 2023 revenue $839.5 million
Malvern Bancorp Q4 net income $2.6 million
Big Lots Q3 loss $4.33 million
 

OP-ED

Micromanaging is the worst enemy of efficiency and teamwork

Niger set to monetize massive gas reserves through Saharan natural gas pipeline
Putting the brakes on EV folly that choked the market
Oil discovery in Kavango Basin may mean huge benefits for Namibians
Cape Town and Dubai battle over Africa's energy future
Is America going to lose its superpower status?
 

AGRIFISH

Rospotrebnadzor: Swine flu reported in 74 Russian regions

Hong Kong Customs detects suspected frozen meat smuggling case involving cargo vessel
First direct train from Laos to China arrives with 543 tons of fruit
Vets cull 15,000 ducks in Czech Republic over bird flu outbreak
Hong Kong suspends poultry meat and products import from areas in Canada
China interested in importing Kazakh agricultural products
 

LEADERSHIP

Only 32% of employees believe their pay is fair

Corporate duty waivers limit organic company growth and innovation
Women buy from women, men buy from women and men
How employee opinion impacts CEO dismissal
Keeping it in family can be good news when it comes to CEOs
Over a third of office workers are hybrid 'misfits'
 

CRIME

AT&T settles SEC charge of selectively disclosing material information to Wall St. analysts

Hertz to pay $168 mln to settle over 95% of wrongful theft report claims
Glencore to pay Republic of Congo $180 mln over alleged corruption claims
Fraudsters target water infrastructure projects, OLAF closes several cases
Rhode Island man to pay more than $2.8 million in restitution for virtual currency fraud
Switzerland fines ABB $4.3 mn over South Africa bribery
 

Magazine

TRAVEL

Cambria Hotels opens in Minneapolis

All aboard the Heathrow Festive Express
Asuncion, Mother of Cities and Paraguay’s center of culture, music and shopping
"Pets with Love" Dog Adoption Carnival 2022 to be held in Hong Kong
Weather-resistant ArtWalk Downtown Billings, Montana
Dual branded Courtyard and Residence Inn by Marriott Hotel opens in Montreal
 

SEA, LAND, AIR

Lamborghini Huracán Sterrato, first super sports car for any terrain

New colorful Porsche 718 Style Edition models
2023 Toyota Prius Prime, solar panel roof and reliability
Volvo EX90, a car with updates
Cessna Citation CJ4 Gen2 jet, pursue your business goals while enjoying journey
GMC first Sierra EV marks turning point
 

DESIGN

Patchwork carpets, vintage Persian carpets made with unparalleled skill

Real life wallpapers, perfectly executed
A. Lange & Söhne, men's watches with true Saxonian DNA
Nella Vetrina, luxurious Italian designers bathroom vanities and furniture
Karastan rugs, durable and beautiful
Leather bags for every occasion and every life style
 

GADGETS

ASUS launches ExpertBook B9 for executives

Take Elektor Fortissimo and make your own high-end amplifier
RangeXTD, a Wi-Fi extender that actually works
Monitor II A.N.C. headphones, iconic Marshall sound
Zebra TC15, a clever mix of a mobile phone and a computer for business use
Bathroom speakers will make your relaxing even better
 

HEALTH

Justice Department secures agreement with Alabama Medicaid to remove unlawful sobriety mandate for health care access

Pfizer and BioNTech apply for FDA authorization for Omicron-retooled vaccine booster in kids under 5
Cornwall first area in England to trial NHS Digital Health Check
Huge rise of scarlet fever cases in UK, 6 kids dead of Strep A
Neglecting COVID this year created perfect conditions for deadly new variant
EMA recommends withdrawal of pholcodine medicines from EU market
 

MEANTIME

Mars is more active than previously thought

James Webb telescope produces an unparalleled view of the ghostly light in galaxy clusters
China's two meteorological satellites put into operation
Lagoon dries up as drought grips Peru
Mysteriously bright flash is black hole jet pointing straight toward Earth
Researchers discover Egypt's oldest tomb oriented to winter solstice