Tr?id=566623520170033&ev=PageView&noscript=1

SEC Charges Silvergate Capital and Executives with Misleading Investors

Posted on August 1st, 2024 at 11:59 AM
SEC Charges Silvergate Capital and Executives with Misleading Investors

From the desk of Jim Eccleston at Eccleston Law

The Securities and Exchange Commission (SEC) has filed a complaint against Silvergate Capital Corporation and three former executives, alleging they misled investors about the strength of Silvergate Bank’s Bank Secrecy Act/Anti-Money Laundering compliance program and the monitoring of crypto customers, including the collapsed FTX.

InvestmentNews reports that Silvergate's automated system failed to monitor nearly $1 trillion in transactions on its payments platform, the Silvergate Exchange Network. Despite this failure, former CEO Alan Lane and former Chief Risk Officer Kathleen Fraher assured investors of the system's robustness, even amid concerns about FTX's use of Silvergate accounts in its misconduct.

Gurbir S. Grewal, Director of the SEC’s Division of Enforcement, stated, “At all times, but especially during moments of crises, public companies and their officers must speak truthfully to the investing public. Here, we allege that Silvergate, Lane, and Fraher fell not only woefully, but also fraudulently, short in that regard.” Due to these deficiencies, Silvergate allegedly failed to detect nearly $9 billion in suspicious transfers among FTX and related entities, causing Silvergate’s stock to plummet and wiping out billions in market value for investors.

Silvergate, Lane, and Fraher agreed to settle the SEC’s complaint without admitting or denying the allegations. Silvergate will pay a $50 million civil penalty and faces a permanent injunction. Lane and Fraher agreed to permanent injunctions, five-year officer-and-director bars, and civil penalties of $1 million and $250,000, respectively. These settlements are subject to court approval.

The SEC also alleges that former Chief Financial Officer Antonio Martino misled investors about the company’s losses from expected securities sales following FTX’s collapse. According to the SEC, Martino and Silvergate understated losses and misrepresented the company’s capitalization status as of December 31, 2022. Subsequently, Silvergate announced the winding down of its banking operations, leading to a dramatic fall in its stock value.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

1781539717 Law
June 15, 2026
New York Insurance Agent Pleads Guilty to $50 Million Ponzi Scheme

A New York insurance agent and tax preparer has pleaded guilty to operating a Ponzi scheme that allegedly defrauded nearly 1,000 investors out of more than $50 million over several decades, according to a report by InvestmentNews.

1781279618 Law
June 12, 2026
FINRA Suspends Former LPL Broker Over Undisclosed Outside Business Activity

The Financial Industry Regulatory Authority (FINRA) has imposed a $5,000 fine and a 45-day suspension against former LPL Financial broker James R.

1781195016 Law
June 11, 2026
FINRA Suspends Former Raymond James Representative for Improper Account Conversions and Unauthorized Trading

The Financial Industry Regulatory Authority (FINRA) sanctioned Paul D.