SEC v. TherapeuticsMD, Inc. (2019)
Settled
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In August 2019 the SEC settled proceedings against TherapeuticsMD for selectively disclosing FDA-related information to sell-side analysts on two occasions in 2017. It paid a $200,000 penalty. The order concerns selective disclosure, not trading on inside information.
The record
| Agency | SEC |
|---|---|
| Release number | 34-86708 |
| Date filed | 2019-08-20 |
| Date resolved | 2019-08-20 |
| Status | settled |
| Asset class | equities, futures |
| Venue | NYSE, Nasdaq |
| Criminal parallel | No |
| Defendants | TherapeuticsMD, Inc. |
| Cited as charged or alleged | Exchange Act s.13(a) |
| Techniques |
What was ordered
- Civil penalty
- $200k
- Disgorgement
- —
- Prejudgment interest
- —
- Total relief
- $200k
- Alleged gain
- —
What is alleged to have happened
The Commission found that after a June 14, 2017 meeting with the FDA, and again on July 17, 2017, a company executive gave analysts information that was not publicly disclosed, and that the stock rose 19.4 percent on June 16, drawing a New York Stock Exchange inquiry. The violation found is selective disclosure. No one is alleged to have traded, so the insider-trading tag has been removed.
Timeline
Primary documents
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