Related Documents:
LR-23335
08-Sep-2015
Administrative Proceeding
SEC Charges Bankrate and Former Executives with Accounting Fraud
On September 8, 2015 the SEC announced that Bankrate Inc. has agreed to pay $15 million to settle accounting fraud charges. The SEC alleged that Bankrate's executives Edward DiMaria and Matthew Gamsey engaged in a scheme to fabricate revenues in order to meet analyst estimates.
33-9901
08-Sep-2015
Administrative Proceeding
Order Instituting Cease-And-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing Cease-And-Desist Order and Civil Penalty
On September 8, 2015, the SEC instituted settled administrative proceedings against Bankrate, Inc. The SEC alleged that Bankrate intentionally manipulated its financial results for the second quarter of 2012 in order to meet analyst estimates for key financial metrics.
2015-180
08-Sep-2015
Press Release--Administrative Proceeding
SEC Charges Bankrate and Former Executives With Accounting Fraud
On September 8, 2015, the SEC announced that: "Bankrate, Inc. has agreed to pay $15 million to settle accounting fraud charges." The SEC also charged three former Bankrate executives. One of the executives, then-vice president of finance Hyunjin Lerner, also agreed to settle the SEC's charges. The SEC alleged that the three former executives, "engaged in a scheme to fabricate revenues and avoid booking certain expenses to meet analyst expectations". As a result, the SEC stated that, "Bankrate consequently overstated its second quarter 2012 net income."
34-77924
26-May-2016
Administrative Proceeding
Order Appointing Tax Administrator
On May 26, 2016, the Commission granted the request of the SEC enforcement staff to appoint Damasco & Associates LLP as the Tax Administrator for the Qualified Settlement Fund.
34-80626
08-May-2017
Administrative Proceeding
Order Establishing a Fair Fund
According to the SEC: "The Commission staff has concluded that a distribution is feasible and appropriate based on the harm suffered by Bankrate shareholders as a result of the overstated financial results for the second quarter of 2012. The Division of Enforcement now recommends that a single Fair Fund be established . . . for distribution to harmed investors."
Notice of Name Change of Appointed Tax Administrator
On June 30, 2017, the SEC announced a Name Change of Appointed Tax Administrator, and amended the Omnibus Order, beginning June 2017 and for calendar year 2018, to replace all references to Damasco with "Miller Kaplan Arase LLP which acquired Damasco & Associates LLP" in order to reflect Damasco's name change.
34-82535
18-Jan-2018
Administrative Proceeding
Order Appointing Fund Administrator and Setting Administrator Bond Amount
According to the SEC: "On September 8, 2015, in two related settled administrative proceedings the Commission issued separate orders, against Bankrate, Inc. ("Bankrate") and, its vice president of finance Hyunjin Lerner, CPA ("Lerner") (collectively, the "Respondents") finding that they violated the federal securities laws. The Commission ordered Bankrate to pay a $15,000,000 civil penalty and ordered Lerner to pay a $150,000 civil penalty, $30,045 in disgorgement, and $2,571 of prejudgment interest. Bankrate and Lerner paid the funds in full to the Commission on September 10, 2015 and September 18, 2015, respectively. On May 8, 2017, a single fair fund was established, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended, which combined the $15,182,616 in civil penalties, disgorgement, and prejudgment interest paid, by Bankrate and Lerner for distribution to harmed investors. The Division of Enforcement now seeks the appointment of JND Legal Administration ("JND") as the fund administrator and requests that the administrator's bond be set at $15,182,616, as required by Rules 1105(a) and 1105(c) of the Commission's Rules on Fair Fund and Disgorgement Plans ("Commission's Rules")."
34-89711
28-Aug-2020
Administrative Proceeding
Notice of Proposed Plan of Distribution and Opportunity for Comment
The Commission stated: "Notice is hereby given . . . that the Division of Enforcement has submitted to the Commission a proposed plan of distribution (the "Plan") for the distribution of monies paid in the above-captioned matter."
Proposed Plan of Distribution
The SEC stated: "The Division of Enforcement has prepared this Proposed Plan of Distribution (the "Plan") . . . [T]he Plan proposes for the distribution of the funds collected from Bankrate, Inc. ("Bankrate") and Hyunjin Lerner, CPA ("Lerner") in the above-referenced matters, as well as funds received in a related district court proceeding."
34-90188
15-Oct-2020
Administrative Proceeding
Order Approving Plan of Distribution
The SEC stated: "it is hereby ORDERED, pursuant to Rule 1104 of the Commission’s
Rules, that the Plan is approved."
Plan of Distribution
The SEC stated: "The Division of Enforcement has prepared this Plan of Distribution (the “Plan”) pursuant to Rule 1101 of the Commission’s Rules on Fair Fund and Disgorgement Plans (“Commission’s Rules”) . . . [T]he Plan proposes for the distribution of the funds collected from Bankrate, Inc. (“Bankrate”) and Hyunjin Lerner, CPA (“Lerner”) in the above-referenced matters, as well as funds received in a related district court proceeding."
34-94979
25-May-2022
Administrative Proceeding
Order Directing Disbursement of Fair Fund
The Commission stated that: "[I]t is hereby ordered, that Commission staff shall transfer $15,418,912.17 from the Fair Fund to the Fair Fund's escrow account at The Huntington National Bank, and the Fund Administrator shall distribute such monies to the eligible claimants in accordance with the Plan."
34-101030
16-Sep-2024
Administrative Proceeding
Order Approving Application of Fund Administrator for Payment of Fees and Expenses and Authorizing the Approval and Payment of Fees and Expenses of Administration
The Commission ordered that: "OFM pay the Fund Administrator's fees and expenses of $127,822.16 from the Fair Fund . . . . Further, OFM is authorized to pay, at the direction of an Assistant Director of the Office of Distributions, any fees and expenses of the Fund Administrator from the Fair Fund . . . , so long as the total amount paid to the Fund Administrator, including the invoice to be paid, does not exceed the total amount of the approved cost proposal submitted by the Fund Administrator."