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Accordingly, the Company's estimate will change from time to time, and actual losses may be more than the current estimate.
−Removed: On November 18, 2022, Oppenheimer received an information request from the SEC requesting information related to the use of text messaging and similar forms of electronic communications by employees of Oppenheimer and whether those communications were properly retained by Oppenheimer as part of its records preservation requirements relating to the broker-dealer business activities of Oppenheimer.
−Removed: Subsequently, Oppenheimer received a similar information request from the Commodity Futures Trading Commission (“CFTC”).
−Removed: On January 4, 2024, Oppenheimer submitted an Offer of Settlement to the SEC.
−Removed: On February 9, 2024, the SEC issued an order (the “Order”) pursuant to which Oppenheimer will pay a fine in the amount of $12 million and agree to certain undertakings.
−Removed: In addition to the Order Oppenheimer received a waiver of certain statutory disqualifications from the SEC.
−Removed: On February 7, 2024, Oppenheimer submitted an Offer of Settlement to the CFTC pursuant to which Oppenheimer offered to pay a fine of $1 million and agree to certain undertakings.
−Removed: Beginning on or about August 31, 2021, Oppenheimer was named as a respondent in forty-eight arbitrations, many containing multiple claimants, each filed before FINRA, relating to those claimants’ purported investment in Horizon Private Equity, III, LLC (“Horizon”).
+Added: Beginning on or about August 31, 2021, Oppenheimer was named as a respondent in numerous arbitrations, many containing multiple claimants, each filed before FINRA, relating to those claimants’ purported investment in Horizon Private Equity, III, LLC (“Horizon”).
Horizon is alleged to be a fraudulent scheme involving, among others, a former Oppenheimer employee, John Woods.
−Removed: John Woods left Oppenheimer’s employ in 2016 and Oppenheimer never received a complaint or question from any of the investors prior to the SEC bringing a complaint against Woods and his co-conspirators in 2021.
−Removed: Each investor who was an Oppenheimer client signed a document acknowledging that Horizon was not an approved Oppenheimer product.
−Removed: Over a protracted period of time, Woods made multiple false statements to Oppenheimer, to regulators and to a state court.
−Removed: The claimants are seeking damages based on a number of legal theories, including, without limitation, violations of various state and federal statutes, breach of fiduciary duty, procurement of breach of fiduciary duty, negligent misrepresentation, aiding and abetting fraud, and unjust enrichment.
−Removed: Claimants do not allege Oppenheimer received any of the funds invested in Horizon, but rather that Oppenheimer’s purported failure to properly supervise its employees allowed the alleged scheme to occur and continue.
−Removed: Oppenheimer has settled, or settled in principle, or an award has been rendered in forty-one of the Horizon-related arbitrations, with approximately one hundred thirty-eight individual complainants.
−Removed: The aggregate payments for those forty-one arbitrations total approximately $87.7 million.
−Removed: The seven arbitrations still pending claim specific monetary damages and allege losses of approximately $7.9 million in the aggregate.
−Removed: On June 16, 2023, Oppenheimer was served with a complaint in an action entitled John and Cynthia Kearney, John & Tera Sargent, Mike Hall, Individually and as Assignee of 6694 Dawson Blvd, LLC, Thomas and Beverly Crampton, Roy and Shirley
−Removed: Hill, Billy and Debra Lanter, Larry Lawson, Eugene Lyle, Scott Spence, and Dolores Willoughby v.
−Removed: Oppenheimer & Co.
−Removed: Inc., Anne Greene and Gordon Morse, filed in Georgia State Court, Fulton County.
−Removed: Plaintiffs allege that they were all investors in Horizon.
−Removed: However, all of the plaintiffs allege that they invested in Horizon after John Woods left Oppenheimer’s employ in 2016 and virtually all of the plaintiffs were not Oppenheimer customers.
−Removed: Plaintiffs further allege that Oppenheimer, through its inaction and/or misconduct, is responsible for their alleged losses and are seeking unspecified damages sounding in violations of the Georgia RICO statute and negligence per se.
−Removed: On September 5, 2023, Oppenheimer filed a motion to dismiss the complaint, which is pending before the court.
−Removed: That same day, Oppenheimer also filed a motion to transfer the case to the Metro
−Removed: Atlanta Business Case Division, which motion was granted.
−Removed: Oppenheimer believes these claims to be without merit and intends to defend itself vigorously against these claims.
−Removed: Also, on July 17, 2023, Oppenheimer was served with a complaint in an action entitled Mark Del Pico, Elizabeth Del Pico and Surrey Lane Partners GP LLC, as general Partner of Surrey Lane Partners, Ltd.
−Removed: Oppenheimer & Co.
−Removed: Inc., and Michael Mooney , filed in Florida State Court, Sarasota County.
−Removed: Plaintiffs allege that they were all investors in Horizon;
−Removed: however, none of the plaintiffs were Oppenheimer customers.
−Removed: All of the plaintiffs allege that they invested in Horizon years after John Woods left Oppenheimer’s employ in 2016.
−Removed: Plaintiffs further allege that Oppenheimer, through its inaction and/or misconduct, is responsible for their alleged losses and are seeking unspecified damages from Oppenheimer sounding in negligence per se , aiding and abetting breach of fiduciary duty, and aiding and abetting fraud.
−Removed: On August 28, 2023, Oppenheimer filed a motion to dismiss the complaint.
−Removed: Rather than respond to Oppenheimer’s motion to dismiss, on January 12, 2024, plaintiffs filed an amended complaint that includes an additional claim of fraud against Oppenheimer.
−Removed: On February 2, 2024, Oppenheimer filed a motion to dismiss the amended complaint which is pending before the court.
−Removed: Oppenheimer believes these claims to be without merit and intends to defend itself vigorously against these claims.
−Removed: Finally, on August 25, 2023, Oppenheimer was served with a complaint in an action entitled Lisa Wright, Billy Ray Boaz, Sylvia Boyles, Donald and Gina Bryant, Alton Graviette, Gilbert and Felicia Hawks, Michael and Brenda Craig, Barbara and Russell Danley, Carolyn and Ronald Edwards, Pamela Goins, Amy Gordon, Susan Gregory, Timothy Hall, Ronald Jones, Douglas Lineberry, Marcia Martin, Bobby and Jo Simpson, Karen Stephens, Caroline Moser, Rebecca Tapp, Paul Vaughan, Brenda and Varner Vogler, and Peggie Thomas v.
−Removed: Oppenheimer & Co.
−Removed: Inc., Ann Greene and Gordon Morse , filed in Georgia State Court, Fulton County.
−Removed: Plaintiffs allege that they were all investors in Horizon.
−Removed: However, all of the plaintiffs allege that they invested in Horizon after John Woods left Oppenheimer’s employ in 2016 and virtually all of the plaintiffs were not Oppenheimer customers.
−Removed: Plaintiffs further allege that Oppenheimer, through its inaction and/or misconduct, is responsible for their alleged losses and are seeking unspecified damages sounding in violations of the Georgia RICO statute and negligence per se.
−Removed: On September 15, 2023, Oppenheimer filed a motion to transfer the case to the Metro Atlanta Business Case Division, which motion was granted.
−Removed: On October 31, 2023, Oppenheimer filed a motion to dismiss the complaint, which is pending before the court.
−Removed: Oppenheimer believes these claims to be without merit and intends to defend itself vigorously against these claims.
−Removed: On June 30, 2022, the Oppenheimer received a "Wells Notice" from the SEC requesting that Oppenheimer make a written submission to the SEC to explain why Oppenheimer should not be charged with violations of Section 15c2-12 of the Exchange Act, and Rule 15c2-12 thereunder as well as Municipal Securities Rulemaking Board Rules G-17 and G-27 in relation to its sales of municipal notes pursuant to an exemption from continuing disclosure contained in Rule 15c2-12.
−Removed: On September 13, 2022, the SEC filed a complaint against Oppenheimer in the United States District Court for the Southern District of New York (the “Court") alleging that Oppenheimer violated Section 15B(c)(1) of the Exchange Act and Rule 15c2-12 thereunder as well as Municipal Securities Rulemaking Board Rules G-17 and G-27 for not having fully complied with the exemption from the continuing disclosure obligations under Rule 15c2-12.
−Removed: The SEC asked the Court to enter an order enjoining Oppenheimer from violating the above-referenced rules and requiring it to disgorge approximately $1.9 million plus interest.
−Removed: and pay a civil penalty.
+Added: John Woods left Oppenheimer’s employ in 2016 and Oppenheimer never received a complaint from any of the investors prior to the SEC bringing a complaint against Woods and his co-conspirators in 2021.
+Added: Oppenheimer has settled or an award has been rendered and paid in all but one of the Horizon-related arbitrations.
+Added: In addition, in June and August of 2023, Oppenheimer was served with two Horizon-related complaints in Georgia State Court, by plaintiffs, virtually all of whom were never Oppenheimer customers, alleging unspecified losses.
+Added: In 2024, each of those complaints was dismissed by the trial court.
+Added: Plaintiffs in each case subsequently filed an appeal of the court’s order dismissing the cases, each of which is currently pending.
+Added: On June 30, 2022, Oppenheimer received a "Wells Notice" from the SEC requesting that Oppenheimer make a written submission to the SEC to explain why Oppenheimer should not be charged with violations of Section 15c2-12 of the Exchange Act, and Rule 15c2-12 thereunder as well as Municipal Securities Rulemaking Board Rules G-17 and G-27 in relation to its sales of municipal notes pursuant to an exemption from continuing disclosure contained in Rule 15c2-12.
+Added: On September 13, 2022, the SEC filed a complaint against Oppenheimer in the United States District Court for the Southern District of New York (the “Court") alleging that Oppenheimer violated Section 15B(c)(1) of the Exchange Act and Rule 15c2-12 thereunder as well as Municipal Securities Rulemaking Board Rules.
+Added: The SEC asked the Court to enter an order enjoining Oppenheimer from violating the above-referenced rules and requiring disgorgement and payment of a civil penalty.
On January 30, 2024, Oppenheimer and the SEC reached an agreement in principle to settle the litigation pursuant to which Oppenheimer would pay a civil penalty of $1.2 million.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.