Defendant Name:
Rio Tinto PLC
Defendant Type:
Public Company
SIC Code:
1041
CUSIP:
76720410
Initial Case Details
Legal Case Name
SEC v. Rio Tinto PLC, Rio Tinto Limited, Thomas Albanese, and Guy Robert Elliott
First Document Date
17-Oct-2017
Initial Filing Format
Civil Proceeding
Case Number
17-cv-07994
Allegation Type
Issuer Reporting and Disclosure
Federal District Court
New York, Southern District of New York
Violations Alleged
•
Sec 17(a) (Not specified)
•
Rule 13a-16 Exchange Act
Additionally,
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Rule 12b-20 of the Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Rule 12b-20 of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(a) of the Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(a) of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Rule 13a-1 of the Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Rule 13a-1 of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(b)(2)(A) of the Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(b)(2)(A) of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(b)(2)(B) of the Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(b)(2)(B) of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 13(b)(5) of the Exchange Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 17(a) (Not specified) of the Securities Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Sec 17(a) (Not specified) of the Securities Act (willfully/knowingly).
Guy Robert Elliott is alleged to have aided and abetted Rio Tinto PLC's violation of Rules 13b2-1, 13a-16 Exchange Act (willfully/knowingly).
Thomas Albanese is alleged to have aided and abetted Rio Tinto PLC's violation of Rule 13a-16 Exchange Act (willfully/knowingly).
Resolutions
First Resolution Date
20-Nov-2023
Headline Total Penalty and Disgorgement
$28,000,000
Related Documents:
Complaint: Jury Trial Demanded
2017-196
17-Oct-2017
Press Release--Civil Action
Rio Tinto, Former Top Executives Charged With Fraud: Worldwide Mining Company Alleged to Have Inflated Asset Values
According to a press release issued on October 17, 2017, "The SEC's complaint, which was filed in federal court in Manhattan, alleges that Rio Tinto, its former CEO Thomas Albanese, and its former CFO Guy Elliott failed to follow accounting standards and company policies to accurately value and record its assets. Instead, as the project began to suffer one setback after another resulting in the rapid decline of the value of the coal assets, they sought to hide or delay disclosure of the nature and extent of the adverse developments from Rio Tinto's Board of Directors, Audit Committee, independent auditors, and investors."
Rio Tinto, Former Top Executives Charged with Fraud
According to the SEC's complaint "which was filed in federal court in Manhattan, alleges that Rio Tinto, its former CEO Thomas Albanese, and its former CFO Guy Elliott failed to follow accounting standards and company policies to accurately value and record its assets. Instead, as the project began to suffer one setback after another resulting in the rapid decline of the value of the coal assets, they sought to hide or delay disclosure of the nature and extent of the adverse developments from Rio Tinto's Board of Directors, Audit Committee, independent auditors, and investors."
Final Judgment as to Defendants Rio Tinto PLC and Rio Tinto Limited
The Court stated: "The Securities and Exchange Commission having filed a Complaint and Defendants Rio
Tinto plc and Rio Tinto Limited (collectively, "Rio Tinto" or "Defendants") having entered
general appearances; consented to the Court's jurisdiction over Defendants and the subject
matter of this action; consented to entry of this Final Judgment without admitting or denying the
allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions
of law; and waived any right to appeal from this Final Judgment."
Other Defendants in Action: