SEC v. TD Bank, N.A. (2013)
Settled
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In September 2013 the SEC settled charges against TD Bank, N.A. over the conduct of a former regional vice president who gave investors misleading comfort about locked trust accounts in Scott Rothstein's fraudulent "settlement" investments. The bank agreed to a cease-and-desist order and a $15 million civil penalty.
The record
| Agency | SEC |
|---|---|
| Release number | 33-9453 |
| Date filed | 2013-09-23 |
| Date resolved | 2013-09-23 |
| Status | settled |
| Asset class | equities |
| Venue | NYSE |
| Criminal parallel | No |
| Defendants | TD Bank, N.A. |
| Cited as charged or alleged | Securities Act s.17(a) |
| Techniques |
What was ordered
- Civil penalty
- $15m
- Disgorgement
- —
- Prejudgment interest
- —
- Total relief
- $15m
- Alleged gain
- —
What is alleged to have happened
The order finds that from 2005 to 2009 Rothstein used his law firm to sell purported discounted legal settlements that did not exist, and that the vice president told two investors that trust accounts at the bank, said to hold the settlement money, held the balances Rothstein claimed when they held little. The bank is found to have caused violations of Sections 17(a)(2) and 17(a)(3) of the Securities Act.
The Commission imposed the sanctions the bank offered in settlement: a cease-and-desist order and a civil money penalty of $15,000,000. The record showed the outcome as dismissed and no penalty.
No technique tag is applied. The Ponzi scheme in the document is Rothstein's; the bank is charged for its officer's statements, not for operating or paying into a scheme.
Timeline
Primary documents
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