Monday, 30 March 2015
Last updated 6 hours ago
May 15 2012 | 12:57pm ET
The U.S. Supreme Court will not hear Bulldog Investors' appeal of a three-year old fine for allegedly marketing its hedge fund in Massachusetts.
The high court declined yesterday to grant certiorari, ending Bulldog's fight against the $25,000 levy. And Bulldog's ultimate success fighting the federal prohibition on hedge fund marketing may be why it lost before the nine.
Massachusetts Secretary of the Commonwealth William Galvin, who levied the fine and with whom Bulldog founder Philip Goldstein has engaged in a public war of words, argued that Goldstein's appeal should be denied because Congress earlier this year did away with the marketing ban.
"As a result, and provided that it shows compliance with the exemptions' other requirements, Bulldog will be able to do what it has been seeking to do: engage in general advertising of its unregistered securities under both federal law and state law," Galvin wrote in his reply to Bulldog's petition. The JOBS Act "will divest this case of whatever significance it might otherwise be claimed to have," Galvin added.
Not so, Bulldog argued. Galvin has not rescinded either the fine or cease-and-desist order—and has said he will not do so. And the JOBS Act neither fully vindicates Bulldog's First Amendment argument nor its Internet personal jurisdiction argument.
"The fact that the secretary will not consider altering his order confirms that he does not see this matter as moot," Bulldog wrote in its reply on April 16.
Mar 9 2015 | 6:35am ET
As more investors look to diversify, many are beginning to use retirement funds to invest in alternative assets such as private equity and real estate. Kelly Rodriques, CEO & President of PENSCO Trust Company, explains how companies can connect with those looking to use their retirement accounts in a different way. Read more…
Mar 20 2015 | 12:45pm ET
StreetWise Partners, a non-profit organization that works with low-income individuals to help them overcome employment barriers, raised over $275,000 at the 2015 Raising the Ante Charity Poker Tournament and Casino Event last Wednesday evening at Capitale. Here are some photos from the event. Read more…