Related Documents:
SEC Charges Schwab Entities With Making Misleading Statements
On January 11, 2011 the SEC announced that it "charged Charles Schwab Investment Management (CSIM) and Charles Schwab & Co., Inc. (CS&Co.) with making misleading statements regarding the Schwab YieldPlus Fund and failing to establish, maintain and enforce policies and procedures to prevent the misuse of material, nonpublic information. The SEC also charged CSIM and Schwab Investments with deviating from the YieldPlus fund's concentration policy without obtaining the required shareholder approval."
Complaint
According to the SEC: "Between 2005 and mid-2008, Charles Schwab Investment Management, Inc. ('CSIM'), Charles Schwab & Co., Inc. ('CS&Co.'), and Schwab Investments: (1) offered and sold the Fund as a cash alternative without adequately disclosing the differences between the Fund and the cash investments with which it was compared, which mislead investors; (2) deviated from the Fund's concentration policy when it invested more than 25% of the Fund assets in non-agency mortgage-backed securities without obtaining a shareholder vote as required by statute; (3) made inaccurate statements concerning the Fund while its NAV declined; and (4) failed to establish and implement internal controls reasonably designed to prevent the misuse of material, nonpublic information."
Final Judgment as to Defendants Charles Schwab Investment Management, Charles Schwab & Co., and Schwab Investments
On February 16, 2011, Federal District Judge William Alsup ordered the final judgment in the matter pursuant to the consent of the SEC and the defendants Charles Schwab Investment Management, Charles Schwab & Co., Inc., and Schwab Investments.
Order Appointing Distribution Agent and Establishing a Fair Fund
The Court ordered: "1. A Fair Fund is created pursuant to Section 308(a) of the Sarbanes Oxley Act of
2002 . . .; 2. Gilardi & Co., LLC is appointed to serve as the Distribution Agent for the Fair
Fund."
Order Approving Distribution Plan with Modification
The Court ordered: "This order approves the proposed distribution plan filed by the Securities and Exchange Commission, with one modification."
Order Granting Motion for Distribution of Funds
The Court ordered: "The Clerk of the Court shall issue a check . . . for distribution to Harmed Investors pursuant to the Distribution Plan that was previously approved by the Court."
Order to Distribute Residual Funds to Harmed Investors
The Court ordered: "The Court-appointed Distribution Agent,
Gilardi & Co. LLC, shall cause the residual funds to be distributed to Harmed Investors in
accordance with the terms of the Distribution Plan."
Order Approving the Final Accounting, Transferring Funds to the United States Treasury, Discharging the Distribution Agent, and Terminating the Distribution Fund
The Court ordered: "1. The final accounting is approved; 2. The Commission is authorized to transfer all remaining funds, and any future funds that may be received, in this matter to the United States Treasury once the remaining tax obligations are paid; and 3. Upon transfer of the remaining funds to the United States Treasury, the Distribution Agent is discharged and the Distribution Fund is terminated."
Stipulation and Amended Order Approving the Final Accounting, Transferring Funds to the Securities and Exchange Commission, Discharging the Distribution Agent, and Terminating the Distribution Fund
The Court ordered: "1. The final accounting is approved; 2. The Court shall transfer the remaining funds in the Court Registry Investment System account . . . ;
3. The Commission is authorized to transfer all remaining funds, and any future funds that may be received, in this matter to the United States Treasury once the remaining tax obligations are paid; and, 4. Upon transfer of the remaining funds to the United States Treasury, the Distribution Agent is discharged and the Distribution Fund is terminated."
