SESC Latest Topics No.19«December 2015» Last Updated : December 22, 2015

What’s New on the SESC Website

(Month of December 2015)

This page contains the latest in events, developments, and updates to the SESC website.

Topics

Press Releases

(Following press release is available in English)

(Following press release is available in Japanese)

Financial Instruments Businesses etc.

December 14, 2015:

Notification of Inspection Results to findedge.jp.open new window

«Summary»

The Director-General of the Kinki Local Finance Bureau announced the results of an inspection of findedge.jp. (hereinafter “the Company”), a Specially Permitted Business Notifying Person.

Based on the inspection, the Director-General of the Kinki Local Finance Bureau identified that the Company has (i) engaged in Type II financial instruments business without statutory registration, (ii) entrusted unregistered operators with solicitation for fund equities and investment, (iii) managed fund assets in a sloppy manner and (iv) responded with false reporting to an order for the production of reports.

December 7, 2015:

Court injunction against SRI BRAIN Co., Ltd. and its manager.open new window

«Summary»

In response to a petition filed on August 7, 2015, by the SESC with the Tokyo District Court for an injunction against SRI BRAIN Co., Ltd. and its manager to prohibit and suspend them from providing false information to customers for fund solicitation, a court order was issued as of December 4, 2015.

Market Misconduct

December 8, 2015:

Filing a criminal charge against a person suspected of committing insider trading in violation of the Financial Instruments and Exchange Act.open new window

«Summary»

The SESC filed a charge against the suspect with the Tokyo District Public Prosecutor’s Office for committing insider trading in relation to an investigation under search warrant against Ishiyama Gateway Holdings Inc. (“Ishiyama Gateway”) by the SESC.

The suspect received, on October 29, 2014, information on a material fact concerning Ishiyama Gateway listed on the JASDAC operated by Tokyo Stock Exchange, Inc. from an employee of the company who had come to know the material fact in the course of his/her duty. The material fact concerning operation, business or property of Ishiyama Gateway that may have a significant influence on investors’ investment decisions was that Ishiyama Gateway was investigated under search warrant by the SESC on October 29, 2014, on suspicion of a window dressing in violation of the Financial Instruments and Exchange Act (the “FIEA”).

On October 30, 2014, prior to the announcement of the material fact, although there is no exemption clause applicable under the FIEA, the suspect sold a total of 435,400 Ishiyama Gateway shares for a total of 43,220,600 yen under the name of the suspect and another person via two securities firms to avoid possible losses by selling the shares prior to the announcement.

December 4, 2015:

Filing criminal charges against three persons suspected of committing market manipulation in violation of the Financial Instruments and Exchange Act.open new window

«Summary»

The SESC filed charges with the Tokyo District Public Prosecutor’s Office for a case in relation to the shares of New Japan Chemical Co., Ltd. (“New Japan Chemical”) listed on the Osaka Securities Exchange (at that time).

Suspects A, B and C in conspiracy purchased and sold the New Japan Chemical shares as described below under the name of suspects B and C and the other two persons via seven securities firms for the purpose of inducing sales and purchases of the shares aiming to raise the price of the shares to gain property benefit.

Suspects A, B and C purchased and sold the New Japan Chemical shares at the prices artificially raised by conducting a series of sales, purchases and entrustments of the shares that would mislead other persons into believing that sales and purchases of the shares were thriving and would cause fluctuations in prices of the shares by using methods such as placing a large amount of market purchase orders before the opening of the morning session to raise the opening price, placing limit purchase orders at prices higher than the previous quotation to raise the share price or placing a large amount of limit purchase orders at prices lower than the previous quotation to prevent the share price from falling during market hours. They conducted a series of purchases of 2,965,600 shares and made a series of entrustments of 2,796,600 shares on 13 trading days between February 15, 2012, and March 2, 2012, and, as a consequence, raised the share price from 871 yen to 1,297 yen and sold 1,475,400 shares on four trading days between February 17, 2012, and March 5, 2012, at the prices artificially raised.

November 25, 2015:

Recommendation to impose an administrative penalty order against an employee of a contractor of R-TECH UENO, LTD. for committing insider trading related to shares of R-TECH UENO, LTD.open new window

«Summary»

The SESC recommended that the Prime Minister and the commissioner of the FSA impose an administrative penalty order of 600,000 yen against an employee of a contractor of R-TECH UENO, LTD.

Based on an inspection, the SESC determined that the offender had committed insider trading by selling shares of R-TECH UENO, LTD. using insider information, in violation of the Financial Instruments and Exchange Act.

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