September 11, 2013

Looks Like I Made It! Got My Own Imposter!

I made it.

I keep hearing the theme song from the “Mary Tyler Moore” show in my head. “You can have a town, why don’t you take it, you’re gonna make it after all.”

Apparently, someone took the liberty of submitting this comment on the political contribution disclosure rulemaking petition using my name. Yes, me. Not Charlie Sheen or Ashton Kutcher (or someone from the SEC as I recently blogged about). My very own imposter (although I like to think of it as an impersonator)!

Actually, it’s surprising that this kind of thing doesn’t happen more often – or maybe it does? To submit a comment on a rulemaking, there is no real verification process – nor should there be in my opinion – since anyone can input false identification information easily enough. The closest thing to verification is that an e-mail address is required to be inputted – but there is no way for the SEC’s system to be able to distinguish e-mail addresses from persons claiming to be others.

And so, there you have it. My career highlight without me lifting a finger…

Not that I want to scare off my mysterious unknown friend – but one member sent in a note that perhaps this is a violation of 18 U.S.C. Section 1519:

“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”

Corp Fin Issues Rule 144 Interpretive Letter: Credit for Canadian Reporting!

Corp Fin doesn’t issue interpretive letters in the Rule 144 arena that often anymore. Yesterday, Corp Fin issued its first Rule 144 interpretive letter this year – this new one states the view that Rule 144 is available for the sale of securities of certain Canadian companies, notwithstanding the fact that those companies previously had been shells, within the meaning of Rule 144(i). Corp Fin gives credit to Canadian reporting!

Webcast: “The Use of Social Media in Deals”

Tune in tomorrow for the webcast – “The Use of Social Media in Deals” – to learn from K&L Gates’ Mary Korby; Kekst and Company’s Lissa Perlman and K&L Gates’ Cedric Powell about how social media is being used in deals and what that means for regulatory purposes, including:

– What are common examples of social media use in deals?
– How should social media communications be treated for SEC filing purposes? For Rule 425?
– What types of activities are permissible? Which are not?
– What is the best way to leverage social media in deals?

– Broc Romanek