Subject: Mark Kaplan

Subject of Interest

Mark Kaplan is a Senior Managing Director and Chief Operating Officer of Cantor Fitzgerald & Co. Prior to that position, Kaplan was the General Counsel for Société Générale for the Americas, leading its Legal and Compliance departments. Before joining Société Générale, he was the General Counsel for CIBC World Markets Corp.’s U.S. operations,  and previously served as the Director of Litigation at Oppenheimer & Co., Inc. Mr. Kaplan holds a B.A. from Bucknell University, where he graduated Magna Cum Laude and Phi Beta Kappa, and a J.D.  from Columbia University Law School.

Continue reading “Subject: Mark Kaplan”

Article: Chinese coal company’s share placement produces interesting collection of investors

Article - Media

Chinese coal company’s share placement produces interesting collection of investors

Chris Carey

sharesleuth, 13 September 2010

Sharesleuth took a closer look at the registration statement covering the resale of those shares, and found that no fewer than eight people who participated in the placement have been the subject of Securities and Exchange Commission actions or criminal prosecutions.

The list includes at least four people who were directly or indirectly linked to stock-manipulation schemes. Several other investors were previously involved in a small cluster of U.S. companies whose placements were manipulated by a ring of boiler room brokerages in the 1990s.

Read full article.

Article: In Pursuit of the Naked Short by Alexis Stokes

Article - Academic

In Pursuit of the Naked Short

Alexis Stokes, Texas State University

Journal of Law and Business 5/1 (Spring 2009)

This article explores the origins of naked short-selling litigation; considers
the failures of significant naked short-selling lawsuits in federal court;
surveys the obstacles erected collectively by constitutional standing requirements, the Federal Rules of Civil Procedure, the Private Securities Litigation Reform Act, brokerage firms, death spiral financiers, and the Depository Trust and Clearing Corporation; examines the efficacy of Regulation SHO, SEC rule 10b-21, and new FINRA rules; discusses recent state legislation and state court litigation; and identifies non-litigation options to curb naked short-selling. Ultimately, this article seeks to answer the question: If manipulative naked short-selling is more than a mythological scapegoat for
small cap failure, what remedies are, or should be, available?

PDF (62 Pages): Article In Pursuit of the Naked Short

Article: JPMorgan faces $2.2B Fraud Lawsuit over Bonds

Article - Media

JPMorgan faces $2.2B Fraud Lawsuit over Bonds

Reuters cited by RGM Communications via Wayback, 3 February 2006

JPMorgan Chase faces a civil lawsuit accusing the No. 3 U.S. bank of defrauding bond investors and others out of at least $2.2 billion over more than 20 years.

The lawsuit, filed Tuesday with the U.S. District Court in Brooklyn, seeks class-action status.

It accuses New York-based JPMorgan and its predecessors of deleting records for $46.8 billion of bonds that investors had not cashed in, covering up its errors, refusing to pay back bondholders, and collecting fees it did not deserve.

Access archived page.