Defendant Name: Bankrate Inc.

Defendant Type: Public Company

Document Reference: 34-82535

Document Details

Legal Case Name In the Matter of Bankrate, Inc.
Document Name Order Appointing Fund Administrator and Setting Administrator Bond Amount
Document Date 18-Jan-2018
Document Format Administrative Proceeding
File Number 3-16786
Allegation Type Issuer Reporting and Disclosure
Document Summary 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")."

Disgorgement & Penalty Information

Resolutions
Cease and Desist Order
"ORDERED,That pursuant to Rule 1105(a) of the Commission's Rules [...], that JND is hereby appointed as fund administrator and the administrator shall obtain a bond in the amount of $15,182,616..."
Fair Funds
Monetary Penalties:

Civil Penalty

Individual:     $15,000,000.00 Shared:    

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
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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." 
34-81064_3-16786 30-Jun-2017 Administrative Proceeding
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.
34-89711 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."
34-89711-dp 28-Aug-2020 Administrative Proceeding
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
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The SEC stated: "it is hereby ORDERED, pursuant to Rule 1104 of the Commission’s Rules, that the Plan is approved."
34-90188-dp 15-Oct-2020 Administrative Proceeding
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
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34-101030 16-Sep-2024 Administrative Proceeding
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Related Actions:

SEC v. Edward DiMaria and Matthew Gamsey
In the Matter of Hyunjin Lerner, CPA
In the Matter of Matthew Gamsey, CPA
In the Matter of Edward DiMaria