Brook Taube is a co-founder and co-chairman of Medley Management, an alternative asset management firm that oversees $2.9 billion in assets. He and his affiliates have received a Wells Notice from the Securities. And Exchange Commission (SEC) informed them that an enforcement action would be taken against them for violating securities laws. This puts his business and reputation at risk. This article will explain Brook Taube Wells notice, discuss why Taube was served one, discuss the ramifications and repercussions of receiving one, and discuss Taube’s and the industry’s responses.

What is a Wells Notice?

It is important to know what is a wells notice before understanding Brook Taube Wells notice. When someone or an organization receives a Wells Notice, it means that the SEC’s Division of Enforcement has decided to propose that the agency take legal action against them for violating securities laws. The Wells Notice also allows the recipient to contest the charges and persuade the SEC employees to withdraw or modify the claims. 

Nonetheless, getting a Wells Notice does not guarantee that the SEC will bring legal action against the recipient or that they are guilty. It is merely a warning that the recipient needs to get ready for a legal battle and that the SEC is taking the situation seriously.

Why Did Taube Receive a Wells Notice?

According to Medley Management’s filings, the SEC staff sent Brook Taube Wells notice to Medley Management, Medley LLC. And six pre-IPO owners of Medley, who are current or former officers of the company, including Taube and his twin brother Seth. 

According to the Wells Notices, the recipients broke securities laws concerning the assets they disclosed under management’s disclosures and other disclosures made by the business. Such as those included in Medley Management’s registration statement with its IPO. Stated differently, Taube and his partners are suspected by the SEC of inflating their assets under management, misleading investors about their performance and prospects. And withholding important facts about their company.

What Are the Consequences of Receiving a Wells Notice?

Receiving a Wells Notice can have serious consequences for the recipient’s reputation, and career, and finances. For example, a Wells Notice can trigger:

  • Loss of trust and confidence from investors, clients, and partners.
  • Loss of business opportunities and contracts.
  • Loss of access to capital and credit.
  • Loss of licenses and certifications.
  • Loss of income and assets.
  • Legal fees and penalties.
  • Criminal charges and imprisonment.

In Brook Taube Wells notice case, the Wells Notice has already caused some damage. For instance, Taube resigned as a director of Sierra Income Corporation, a non-traded business development company managed by Medley. 

As the co-CEO of Medley Management and the CEO and director of Sierra Income, his brother Seth also resigned. Additionally, from $3.50 per share in 2015 to $0.07 per share in 2021, Medley Management’s stock price fell precipitously. Furthermore, citing the COVID-19 pandemic’s effects and the SEC’s investigation, Medley Management. And a number of its affiliates filed for Chapter 11 bankruptcy protection in February 2021.

How Did Taube Respond to Brook Taube Wells Notice?

Neither Taube nor his affiliates have responded to the accusations made in the Wells Notice. They have declared their intention to go through with the Wells Notice procedure, which will provide them the chance to address the SEC staff’s stance. To represent them in the case, they have also retained legal counsel. 

Taube has not issued a public statement about the Wells Notice, but he has expressed his confidence in the future of Medley Management and its affiliates. 

Conclusion

The Brook Taube Wells notice is a significant event that has shaken the financial industry. It has called into doubt the veracity and integrity of Taube’s and his affiliates’ disclosures, as well as their honesty and integrity. It has also brought to light the difficulties and dangers that alternative asset managers encounter in a market that is both competitive and sophisticated. 

Although the case’s verdict is still pending, Taube, his associates, and the industry at large will probably be affected for some time to come.

FAQs

1. What is a Wells Notice?

An individual or business receiving a Wells Notice is notified by a letter from the SEC’s Division of Enforcement. The staff has reached a preliminary determination to propose that the SEC pursue an enforcement action against them for breaking securities laws.

2. Who is Brook Taube?

The alternative asset management company Medley Management, which is said to be managing $2.9 billion in assets, is co-founded and co-chairmaned by Brook Taube.

3. Why did Taube receive a Wells Notice?

Taube received a Brook Taube Wells notice because the SEC staff alleges that he and his affiliates violated securities laws about their assets under management disclosures. As well as other disclosures made by the company, including those made in Medley Management’s registration statement about its initial public offering.

4. What are the consequences of receiving a Wells Notice?

The recipient’s income, job, and reputation may all suffer significantly as a result of receiving a Wells Notice. It may lead to a decline in trust and confidence from partners, clients, and investors. It may also result in lost business prospects and contracts; and a reduction in credit and capital. Also, in the loss of licenses and certifications; a reduction in income and assets; legal costs and fines; and criminal charges and jail.

5. How did Taube respond to the Wells Notice?

No admission or denial of the accusations in the Brook Taube Wells notice has been made by Taube or his affiliates. They intend to proceed with the Wells Notice procedure, which will provide them with the chance to address the SEC staff’s stance. To defend themselves in the case, they have also retained legal counsel.

6. How did the industry react to the Wells Notice?

The situation involving Taube and his associates has been keenly monitored by the financial sector. Some business experts have discussed the issue and shared their thoughts, while others have drawn comparisons to earlier Wells Notice incidents.