Jacob Frenkel

Commented for @CNBC @SquawkBoxCNBC about @KeithGillOnSol and @roaringkitty @MemeStockBase trading frenzy in @GameStop. We discussed @SECGov @SEC_Enforcement interest and @securitiesreg: Regulating meme stock mania: Should you tame the 'Roaring Kitty'? cnb.cx/3yMEY1U

@SVB @SECGov @SEC_Enforcement and @TheJusticeDept investigations is my topic on @CNBC @CNBCWEX. Scope to include insider trading and corporate disclosures. Prosecutions possible. cnb.cx/3ZMaqGn

Musk May Be 'Posturing' Amid Reveal of Twitter NDA Violation Accusation cheddar.com/media/musk-may… via @cheddar re @elonmusk. Issues discussed are status of the deal, @elonmusk credibility for future transactions and @SEC_Enforcement investigation of @elonmusk ownership disclosures.

@ElonMusk offer to @Twitter is topic with @YahooFinance anchors @AkikoFujita and @BrianCheung. Discussion is fiduciary duty of @Twitter Board, @SEC_Enforcement interest in disclosures & trading, and lawsuit filed against @elonmusk that is DOA.finance.yahoo.com/video/elon-mus… via @Yahoo

@ElizabethHolmes (@theranos) @wirefraud conviction is subject of my analysis with @AkikoFujita and @_ZackGuzman . Verdict optimal for prosecutors and important from enforcement/compliance perspective for non-public companies selling securities. finance.yahoo.com/video/elizabet… via @Yahoo

I discuss @SPACs, including @DWAC and @Lucid, with @SriJegarajah on @CNBC @SquawkBoxAsia, addressing @USSEC Chair @GaryGensler’s regulations proposals for @SPACs and @SECEnforcement investigations into @DigitalWorldAcquisitionCorp and @LucidMotors. cnb.cx/3DUeqZH

“Trades Gone Wild SEC Crackdown Ahead” was @CNBCFastMoney topic w/@MelissaLeeCNBC. Discussed who's #1 for @SEC_Enforcement to investigate and relevance of fundamentals to investigations.@MelissaLeeCNBC concludes “everyone may have a target on their back." cnbc.com/video/2021/06/…

Discussed @NakedShorting on @CNBCFastMoney with @MelissaLeeCNBC. @MemeStock trading fronts the issue; cases are time consuming and tedious for @SECEnforcement to develop and charge. @KarenFinerman raised issue of prevalence of @nakedshorting. cnb.cx/2TfOsxU

@Martini_v8 @cheddar @KristenScholer @RobinhoodApp @FSCDems I don't favor trading suspensions to stop momentum. Issue is justification, even if thin, for a run-up or down. Question is would heavily traded and followed stock run up/down 100% in a day; unlikely, company would intervene. Challenge for SEC is whether and when to step in.

@Jacob_Frenkel @cheddar @KristenScholer @RobinhoodApp @FSCDems @Jacob_Frenkel I was curious ur thoughts on y the #SEC halts $GME more often then other stock. If e.g. $TSLA were to run up $200 in a day there would b ZERO halts. Trying to kill the momo is only aiding & abetting shorts. They took on the risk they must cover eventually.

Former SEC Lawyer Breaks Down Why Nothing May Come of GameStop Hearing cheddar.com/media/former-s… via @Cheddar with @KristenScholer, discussing @RobinhoodApp and expectations for the @FSCDems hearing.

@amygdalaforward @heyitspixel69 Naked shorting to manipulate stocks and many other fraudulent activities are very much a problem. The challenge for SEC and DOJ is how long it takes to investigate and charge naked shorting violations. The focus of the interview was limited to regulation of meme trading.

What a cuck

Meme stock investing craze interview on @CNBC @OnTheEdge with @jonfortt addresses market regulation - free markets as commercial enterprise conflict. @AMC and @GameStop volatility raise whether “fair and orderly markets” concept now is regulatory rhetoric. cnb.cx/3fMBUGZ

$GME: “This is a movement that is a combination of anti-short and anti-wealth. Does that in and of itself justify regulation?” Former #SEC Senior Counsel @Jacob_Frenkel weighs in on #GameStop & #AMCstock gains.

@GameStop (@GME) trading volatility merits SEC considering a 10-day trading suspension as stock overruns @NYSE circuit breakers. Investigation likely to include under 9(a)(2) manipulation while presenting free speech issues. cnbc.com/video/2021/01/…

Simple formula: “COVID + announcement + trading + price spike = SEC investigation." Explains why SEC likely investigating possible insider trading, stock manipulation and corporate disclosures involving @Kodak and @Moderna. Comments for ABC News abcn.ws/3icUQ0g via @ABC

cnbc.com/video/2020/05/… is my @COVID19 commentary at @CNBCFastMoney with @MelissaLeeCNBC about @Moderna (@MRNA) public statements and secondary offering, price volatility and materiality of news, likely @SECEnforcement investigation and trading suspension considerations.

cnbc.com/video/2020/05/…? @CNBCTheExchange with @KellyEvans discussion today about @SenatorBurr securities trading around @covid19 intelligence briefings. Discussed unique investigation dynamics, circumstantial evidence, and similarity to @MarthaStewart case.

Regarding the criminal conviction and 2d Circuit decision in Blaszczak just discussed at #sefwvirtual, keep in mind that 1980s criminal prosecutions for insider trading overwhelmingly were under the mail and wire fraud statutes.

When assessing confidentiality issues in cyber breach investigations as in discussion at #sefwvirtual, keep in mind that certain types of reports prepared in the context of addressing the breach may not be eligible for confidentiality as in traditional internal investigations.

In cyber breach/incident under discussion at #sefwvirtual about insurance and notice, it's important not just to notify the carrier but to understand what policies are in place and what notification requirements attach to the different type of policies at client company.