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Badge - Super Lawyers Jenice L. Malecki

Northern California

Fraud in The Silicon Valley

Known for the Golden Gate Bridge and wine country, Northern California is also very well-known as a major technology hub. Silicon Valley is widely considered the center of the dot-com bubble. Built on unchecked speculation, investors found themselves having lost millions upon millions of dollars after the bubble burst in 2000. More recently, SEC is reported as having charged the CEO of a San Francisco based oil and gas company with allegedly running a Ponzi scheme, targeting the Chinese American Community in California to solicit funds worth $8 billion.

in 2018, Elizabeth Holmes the founder and CEO of Theranos Inc., as well as its former President Ramesh Balwani allegedly spent years deceiving investors for years raising tainted capital. The private company reportedly raised $700 million by falsifying documents about the extent of the company’s success in technology, finance and business. Distorted product demonstrations, investor presentations and articles apparently induced investors into providing funds for the company's most transformative product: critical portable blood analyzer. According to reports, a device that was meant to restructure the blood testing field was only able to carry out a limited number of tests which meant the extensive inflated data investors were exposed to came from other commercial analyzers that other companies manufacture. According to the complaints, Balwani and Holmes alleged that the company’s products were deployed to Afghanistan for the US Department of Defense for a profit of over $100,000,000 dollars in 2014 when supposedly Theranos products were never distributed by the Department of Defense nor sent to Afghanistan and the company didn't make over too much more than $100,000 in 2014. Holmes, Balwani and the company itself are in violation of the Securities Act of 1933 as well as the Securities Act of 1934. Balwani was reportedly also charged with helping the company and Holmes carry out these anti-fraud acts. Claims against Balwani are still supposedly under discussion.

Holmes reportedly settled to a penalty of $500,000 as well as being prohibited from serving as a company director for a decade alongside returning 18.9 million shares that were acquired during the scheme. Holmes supposedly also forfeited her rights to vote on Theranos decisions by altering her super majority. Purportedly, if Theranos was ever liquidated or sold, Holmes wouldn’t make a profit until deceived investors were paid back a total amounting to more that $750,000,000.

The U.S District Court for the Northern District of California received an SEC complaint against Volkswagen AG, a few of its subsidiaries as well as the CEO Martin Winterkorn for supposedly scheming billions of dollars out of the hands of investors. Reportedly, the defendants raised capital through making various false statements regarding their positive influence on the environment. In addition, the over 500,000 alleged vehicles that were claimed to be “clean diesel” and environmentally friendly, were extraordinarily far from the legal vehicle emission limits. This scheme continued as Volkswagen reportedly continued to fabricate facts, statements and documents misleading investors about the financial success, environmental compliance and vehicle standards. The company presumably gave out securities at an high rate as well as issued bonds that amounted to over $13,000,000,000 which persuaded investors to give millions to the company. Volkswagen was, according to the SEC, in violation of the Securities Act of 1933 as well as the Securities Act of 1934. According to reports, the SEC is pursuing injunctions, disgorgement of tainted profit, civil penalties alongside restrictions against former CEO, Winterkorn.

Such schemes reach and defraud clients all over the United States. It is not restrictive to certain communities or groups. Everyday hard working people from all walks of life find themselves victimized or being a target of securities fraud.

Headquartered in the financial district of New York City, the Manhattan-based securities fraud lawyers of Malecki Law represent from various backgrounds and geographic areas. Malecki Law has both professionalism and grounding in the complexities of securities law, arbitrations, whistleblower representation as well as regulatory proceedings amongst other things. Jenice Malecki has been a member of the Securities and Exchanges Committee at the NY Bar Association as well as speaks at various law schools all over the city including New York Law School and Brooklyn Law School. During the two decades of Malecki Law, Jenice Malecki has represented various broker dealers and worked in a myriad of regulatory matters that dealt with boiler- room stock fraud that was an element of its time.

To schedule a free initial consultation with Malecki Law, please call (212) 943-1233, or email jenice@maleckilaw.com

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Client Reviews
★★★★★
Jenice Malecki is a highly successful securities law attorney. She is a brilliant strategist. She is a well respected litigator who knows how to win in court. As a former CEO and President of a public company traded on the NASDAQ (and currently a College President), I can attest, as a client, that Jenice Malecki's understanding of the law along with her business acumen and intellectual gravitas resulted in a 100% victory in my case before the Supreme Court of New York State. Jenice is a passionate and determined lawyer -- I want her in my corner -- anytime!​ Dr. John J. McGrath
★★★★★
I worked with Jenice and her team to successfully resolve a brokerage / securities related issue for an elder relative and was quite pleased with how they walked us through the process and took into account the challenges that age sometimes unfortunately present. They were all professional - and effective. I would use them again without question if the need arose. Bart
★★★★★
I have NO hesitation in recommending Jenice Malecki. She made a horrible situation bearable and performed above and beyond our expectations. April Voorhis
★★★★★
I highly recommend Malecki Law. It was a gratifying experience having Ms. Malecki incharge of our case. She is a true professional with a lot of experience. Jose Zorrilla