2023-06-27 sec-litreleases litigation_release 65 KB 2,734 chars

SEC v. Richard J. Rubin; and Thomas J. Craft, Jr., No. LR-25756, Southern District of New York (June 27, 2023) — Press Release

raw: Richard J. Rubin and Thomas J. Craft, Jr.

Richard J. Rubin and Thomas J. Craft, Jr., No. LR-25756 (S.D.N.Y. June 27, 2023)

Caption
SEC v. Richard J. Rubin, et al.
summary

Former attorneys Richard J. Rubin and Thomas J. Craft, Jr. settled SEC charges for a fraudulent legal opinion letter scheme that facilitated microcap securities sales.

paragraph

Richard J. Rubin and Thomas J. Craft, Jr. were charged with violating the Securities Act of 1933 and the Securities Exchange Act of 1934 through a scheme involving at least 128 false opinion letters. Rubin was ordered to forfeit $117,068.15 and pay a $1,000 penalty, while Craft forfeited $55,000 and surrendered his law license. The final judgments also imposed permanent injunctions and penny stock bars against both defendants.

narrative

Former attorneys Richard J. Rubin and Thomas J. Craft, Jr. orchestrated a fraudulent scheme between 2015 and 2018 using false legal opinion letters to facilitate the sale of millions of microcap shares. Rubin, who had been disbarred in 1995, drafted or signed letters falsely claiming to be an attorney, while Craft permitted his name to be used on at least 30 letters without performing substantive work. Both men faced parallel criminal proceedings and pleaded guilty to securities fraud. Rubin was sentenced to one year of probation and a $117,068.15 forfeiture, while Craft received home confinement, probation, and a $55,000 forfeiture. The SEC civil action concluded with final judgments that imposed permanent injunctions and penny stock bars on both individuals. This resolution settles the SEC's claims regarding violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act.

Enriched metadata

Scheme
financial-fraud (95%)
Court
Southern District of New York
Outcome
pleaded · 2021-11-02
Entity
Richard J. Rubin
Classified financial-fraud(confidence 95%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 67% / precision 23%. detection rule →
Parties
Securities and Exchange CommissionRichard J. RubinThomas J. Craft, Jr.
Keywords
rubincraftsecuritiessecrichard rubinrubin thomasthomas craftsecurities exchangerubin craftlettersfinal judgmentsrichardthomasexchangenew

Extracted insights

Dollar amounts 3
  • $117K $117,068 $100K–$1M
  • $55K $55,000 $10K–$100K
  • $1K $1,000 <$10K
Entities 4
  • person richard j. rubin
  • scheme_term richard j. rubin and thomas j. craft, jr. with one count of securities fraud
  • agency Securities and Exchange Commission
  • scheme_term to one count of securities fraud
Triples 13
  • Securities And Exchange Commission charged Richard J. Rubin and Thomas J. Craft, Jr. with violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder
  • Richard J. Rubin submitted at least 128 attorney opinion letters that allowed microcap stock issuers’ securities to be purchased by and sold to the investing public
  • Richard J. Rubin falsely claimed to be an attorney in certain opinion letters
  • Richard J. Rubin drafted opinion letters for Thomas J. Craft, Jr.'s signature
  • Thomas J. Craft, Jr. signed at least 30 letters that falsely stated he had performed substantive work to formulate the opinions
  • Thomas J. Craft, Jr. permitted the use of his name and signature on false opinion letters
  • United States Attorney’s Office for the Southern District of New York charged Richard J. Rubin and Thomas J. Craft, Jr. with one count of securities fraud
  • Richard J. Rubin pleaded guilty to one count of securities fraud
  • Thomas J. Craft, Jr. pleaded guilty to one count of securities fraud
  • Court sentenced Richard J. Rubin to one-year probation, forfeiture of $117,068.15, a $1,000 monetary penalty, and 200 hours of community service
  • Court sentenced Thomas J. Craft, Jr. to four months of home confinement, one-year probation, forfeiture of $55,000, and 200 hours of community service
  • Thomas J. Craft, Jr. agreed to the surrender of his law license
  • Richard J. Rubin and Thomas J. Craft, Jr. consented to the entry of separate final judgments permanently enjoining them from violating the Securities Act and Exchange Act antifraud provisions and ordering penny stock bars
View original SEC litigation releasesec.gov
Extracted body text (2,734c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25756 / June 27, 2023 Securities and Exchange Commission v. Richard J. Rubin and Thomas J. Craft, Jr., No. 20-civ-10084 (S.D.N.Y. filed December 2, 2020) SEC Settles Case Against Two Former Lawyers For Scheme to Create False Opinion Letters On June 26, 2023, the U.S. District Court for the Southern District of New York entered final judgments against Richard J. Rubin and Thomas J. Craft, Jr., two former attorneys, in a civil action in which the SEC charged them for their role in a fraudulent legal opinion letter scheme to facilitate the sale of millions of shares of microcap securities to retail investors. The final judgments resolve the SEC’s case against Rubin and Craft. The SEC’s complaint alleged that from December 2015 to July 2018, Rubin, who was disbarred in 1995, continued to fraudulently practice securities law by submitting at least 128 attorney opinion letters that allowed microcap stock issuers’ securities to be purchased by and sold to the investing public. The complaint alleged that Rubin signed certain letters, falsely claiming to be an attorney, and that he drafted other letters for Craft’s signature. The complaint alleged that Craft signed or permitted the use of his name and signature on at least 30 letters that falsely stated he had performed substantive work to formulate the opinions in those letters. The SEC’s complaint charged Rubin and Craft with violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Rubin and Craft were charged criminally by the United States Attorney’s Office for the Southern District of New York, and each pleaded guilty to one count of securities fraud. Rubin was sentenced on November 2, 2021, and received one-year probation, forfeited $117,068.15, and was ordered to pay a $1,000 monetary penalty and perform 200 hours of community service. Craft was sentenced on October 27, 2022 to four months of home confinement and one-year probation, forfeited $55,000, and was ordered to perform 200 hours community service. He also agreed to the surrender of his law license. Rubin and Craft consented to the entry of separate final judgments in the SEC action, permanently enjoining each of them from violating the Securities Act and Exchange Act antifraud provisions and ordering penny stock bars. The SEC’s litigation and investigation teams included Hane L. Kim and Michael Paley, and the litigation was supervised by Sheldon Pollock of the New York Regional Office. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of New York and the Office of the Inspector General of the SEC.
OCR text (2,734c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25756 / June 27, 2023 Securities and Exchange Commission v. Richard J. Rubin and Thomas J. Craft, Jr., No. 20-civ-10084 (S.D.N.Y. filed December 2, 2020) SEC Settles Case Against Two Former Lawyers For Scheme to Create False Opinion Letters On June 26, 2023, the U.S. District Court for the Southern District of New York entered final judgments against Richard J. Rubin and Thomas J. Craft, Jr., two former attorneys, in a civil action in which the SEC charged them for their role in a fraudulent legal opinion letter scheme to facilitate the sale of millions of shares of microcap securities to retail investors. The final judgments resolve the SEC’s case against Rubin and Craft. The SEC’s complaint alleged that from December 2015 to July 2018, Rubin, who was disbarred in 1995, continued to fraudulently practice securities law by submitting at least 128 attorney opinion letters that allowed microcap stock issuers’ securities to be purchased by and sold to the investing public. The complaint alleged that Rubin signed certain letters, falsely claiming to be an attorney, and that he drafted other letters for Craft’s signature. The complaint alleged that Craft signed or permitted the use of his name and signature on at least 30 letters that falsely stated he had performed substantive work to formulate the opinions in those letters. The SEC’s complaint charged Rubin and Craft with violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Rubin and Craft were charged criminally by the United States Attorney’s Office for the Southern District of New York, and each pleaded guilty to one count of securities fraud. Rubin was sentenced on November 2, 2021, and received one-year probation, forfeited $117,068.15, and was ordered to pay a $1,000 monetary penalty and perform 200 hours of community service. Craft was sentenced on October 27, 2022 to four months of home confinement and one-year probation, forfeited $55,000, and was ordered to perform 200 hours community service. He also agreed to the surrender of his law license. Rubin and Craft consented to the entry of separate final judgments in the SEC action, permanently enjoining each of them from violating the Securities Act and Exchange Act antifraud provisions and ordering penny stock bars. The SEC’s litigation and investigation teams included Hane L. Kim and Michael Paley, and the litigation was supervised by Sheldon Pollock of the New York Regional Office. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of New York and the Office of the Inspector General of the SEC.