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SEC v. Mark E. Burns, Robert W. Murray (price manipulation, 2018)

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.

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In July 2018 the SEC filed fraud charges against Mark E. Burns, the second defendant in a scheme to manipulate Fitbit's stock price with a fake tender offer filed on EDGAR in the name of a nonexistent company, ABM Capital LTD, on November 9, 2016, after buying call options. Robert Murray had been charged in 2017 and sentenced to prison in a parallel case. The charges are allegations.

The record

Structured fields for this action, as recorded in our case library.
Agency SEC
Release number LR-24204
Date filed 2018-07-17
Date resolved 2018-07-17
Status settled
Asset class options
Criminal parallel Yes: sentenced (Robert W. Murray (sentence length not stated)), U.S. District Court, Southern District of New York
Defendants Mark E. Burns (individual) ; Robert W. Murray (individual)
Techniques EDGAR filing fraud , Price manipulation , Sham tender offers

What was ordered

Civil penalty
—
Disgorgement
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Prejudgment interest
—
Total relief
—
Alleged gain
—

A dash means the release did not state a figure we could extract, not that the figure is zero. Penalty and disgorgement are stored separately so aggregates across the library do not double-count the same dollars.

What is alleged to have happened

the Securities and Exchange Commission announced this matter on July 17, 2018 as release LR-24204. The respondents named are Mark E. Burns and Robert W. Murray (2 individuals, 0 entities).

This library tags the matter as edgar filing fraud, price manipulation and sham tender offers, based on the conduct the regulator describes. Each tag links to a page explaining how that technique works, what statute it engages, and what penalties comparable actions have attracted. The tagging is ours, not the regulator's: agencies charge statutory provisions, not technique names.

The conduct is recorded against options.

The release references a parallel criminal proceeding. Where a criminal case exists, the civil and criminal outcomes are recorded separately, because they resolve on different standards of proof.

For the regulator's own account of the facts, read the primary document linked above. This page deliberately summarises the structured record rather than reproducing the release.

What technique is this, and how does it work?

This action is tagged with 3 techniques 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.

Timeline

  1. 2018-07-17 Litigation release published

Primary documents

Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.

The linked release is a work of the United States government and is not subject to copyright. Our summary and narrative above are our own writing.

Same matter

The library links these 5 records because they appear to concern one matter: the same lead defendant, an overlapping technique tag and close filing dates, or a shared court docket or a release that cites the other. Records are listed by date filed.

Date filed Agency Record Status
2017-05-19 SEC SEC v. Robert W. Murray (price manipulation, 2017) Settled
2017-11-09 SEC SEC v. Robert W. Murray (sham tender offers, 2017) Settled
2018-03-22 SEC SEC v. Robert W. Murray (sham tender offers, 2018) Settled
2018-07-17 SEC SEC v. Mark E. Burns, Robert W. Murray (price manipulation, 2018)(this record) Settled
2019-08-12 SEC SEC v. Mark E. Burns (price manipulation, 2019) Judgment entered

This grouping is the library's, made by matching names, techniques, dates and citations when the site is built. It is not the regulator's or a court's determination that the records are one case, and it errs towards missing a link rather than making a false one.

Other actions in the library sharing at least one technique tag with this one.

Action Agency Filed Technique Penalty Status
SEC v. Lee Simmons (price manipulation, 2022) SEC 2022-08-19 EDGAR Filing Fraud , Price Manipulation +1 $223k judgment
SEC v. Mark E. Burns (price manipulation, 2019) SEC 2019-08-12 EDGAR Filing Fraud , Price Manipulation +1 $60k judgment
SEC v. Robert W. Murray (price manipulation, 2017) SEC 2017-05-19 EDGAR Filing Fraud , Price Manipulation +1 — settled
SEC v. PTG Capital Partners, Ltd. (sham tender offers, 2020) SEC 2020-03-11 EDGAR Filing Fraud , Sham Tender Offers $1.5m judgment
SEC v. Nauman A. Aly (sham tender offers, 2018) SEC 2018-03-28 EDGAR Filing Fraud , Sham Tender Offers — judgment
SEC v. Robert W. Murray (sham tender offers, 2018) SEC 2018-03-22 EDGAR Filing Fraud , Sham Tender Offers — settled

Record added September 20, 2026. submit a correction.