↓ Skip to Main Content
SEC ACTIONS
  • Home
  • Articles
  • Archives
  • Media
  • Related Links
  • About
  • Subscribe to our Mailinglist
Home › SECActions ›

Newsletter Publisher Charged For Accepting Secret Payments

Newsletter Publisher Charged For Accepting Secret Payments

T. GormanPosted on February 21, 2024 Posted in SECActions

It is axiomatic that the publication of favorable articles can be quite helpful to the share price of stocks. This may be particularly true if the favorable article is published in a respected investment newsletter or another industry publication. The use of this approach to secure favorable publicity for certain issuers is at the center of a recent proceeding brought by the Commission, In the Mater of Christian Fernandez, Adm. Proc. File No. 99559 (February 20, 2024).

These proceedings revolved around articles published in Palm Beach Venture, an investment newsletter and related emails about two issuers. The newsletter is published by Palm Breach Research Group. Jonathan W. Mikula is the chief analyst and author of the publication. He has been previously been charged by the Commission in three cases, one of which is currently pending. SEC v. Mikula, Civil Action No. 2:22-cv-07096 (C.D. Cal. Filed September 30, 2022).

In 2020 and 2021 Mr. Mikula authored articles that were published in Palm Beach Venture and circulated, along with emails, touting Issuer 1 and Issuer 2, each of whom had shares that were OTC traded. Each firm is based in Canadian The articles and emails did not state that Palm Beach Venture was being paid to publish and circulate the articles or emails.

In fact, for Issuer I Respondent was paid $326,502.23 for the publication and circulation of the material. Similarly, Respondent was paid $280,000 for the publication and circulation of the material regarding Issuer II. Portions of the funds paid went to Mr. Mikula as his compensation. The Order alleges violations of Securities Act Section 17(b) and Exchange Act Section 10(b).

To resolve he proceedings, Respondent consented to the entry of a cease-and-desist order based on the Sections cited in the Order. He also agreed to pay disgorgement of $331,782.11 and prejudgment interest of $30,094.34. The funds will be held in an account by the Commission pending a decision if it will seek to distribute them or transfer the funds to the Treasury. A penalty was not imposed based on cooperation.

Print 🖨 PDF 📄
‹ Happy Presidents Day

This Week In Securities Litigation (Week of February 26, 2024)

›
Tagged with: SEC, undisclosed payments

Search SEC Actions

Prepared:

Thomas O. Gorman

DC Attorney specializing in securities
and other agency litigation

Former SEC Senior Counsel, Enforcement
and Special Trial Counsel, GC Office
    © 2025 SEC ACTIONS
    • Subscribe to our Mailinglist
    Manage Cookie Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
    View preferences
    {title} {title} {title}