X0405 TA-1/A 0001599918 XXXXXXXX 084-06512 false LIVE SEC Delaware Investments Fund Services Co 350447 100 Independence 610 Market Street Philadelphia PA 19106 N (800) 523-1918 N Y Y BNY Mellon Investment Servicing (US) Inc. 084-01761 500 Ross Street 154-0520 Pittsburgh PA 15262 N Not Applicable N N N N Y Macquarie Capital (USA) Inc. Securities and Exchange Commission v. Macquarie Capital (USA) Inc., et al. 03/27/2015 U.S. District Court for the Southern District of New York According to the SEC Complaint, MCUSA was the lead underwriter on a 2010 secondary public stock offering by Puda Coal, which traded on the New York Stock Exchange at the time and purportedly owned a coal company in the Peoples Republic of China. According to the SEC Complaint, in the offering documents, Puda Coal falsely claimed that it held a 90 percent ownership interest in the Chinese coal company. According to the SEC Complaint, MCUSA repeated those statements in its marketing materials for the offering despite obtaining a report showing that Puda Coal did not possess an ownership interest in the coal company. The Court Order requires MCUSA to pay $12 million in disgorgement and prejudgment interest and a civil monetary penalty in the amount of $3 million. The final judgement requires MCUSA to pay a total of $15,000,000.00, comprised of $10,728,525 in disgorgement, $1,271,475.00 in prejudgement interest and $3,000,000.00 in civil penalty. The firm also agreed to accept permanent injunctions. N Y Delaware Service Company, Inc. "In the Matter of Delaware Service Company, Inc." 08/31/2006 U.S. Securities and Exchange Commission, Washington, D.C. Order instituting administrative and cease-and-desist proceedings pursuant to Section 9(b) and 9(f) of the 1940 Act, in connection with violations of Section 19(a), Rule 19a-1, promulgated thereunder, and Section 34(b). DSC must cease and desist from committing or causing any violations and any future violations of Section 34(b) and Section 19(a) of the Investment Company Act of 1940 and Rule 19a-1, promulgated thereunder Delaware Asset Advisers and Wei (Alex) Wei "In the Matter of Delaware Asset Advisers and Wei (Alex) Wei" 07/18/2012 U.S. Securities and Exchange Commission, Washington, D.C. Order instituting administrative and cease-and-desist proceedings pursuant to Section 8A of the Securities Act of 1933, and Sections 203(e) and 203(k) of the Investment Advisers Act of 1940. On the basis of the Order and DAA'S offer of settlement, the SEC found that the matter involved violations relating to the structuring, sales, and marketing of a $1.6 billion collateralized debt obligation known as Delphinus CDO 2007-1 Ltd. Macquarie Investment Management Business Trust In the Matter of Macquarie Investment Management Business Trust 09/19/2024 U.S. Securities and Exchange Commission, Washington, D.C. The Registrant entered into a settlement order with the SEC alleging that, between January 1, 2017 and April 2021: (1) MIMBT valued certain collateralized mortgage-backed obligations ("CMOs") at inflated prices; (2) MIMBT executed dealer-interposed and internal cross trades of those CMOs between registered investment company clients and other clients at prices that deviated from market prices; (3) certain disclosures of MIMBT relating to performance, valuation, liquidity, and cross trading contained false and misleading statements and omissions; and (4) MIMBT failed to implement policies and procedures relating to valuation, conflicts of interest and cross trades. The Registrant must cease and desist from committing or causing any violations or future violations of Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act and Rules 206(4)-7 and 206(4)-8 thereunder, and sections 17(a)(1) and (a)(2) and 34(b) of the Investment Company Act and Rules 22c-1 and 38a-1 thereunder; pay disgorgement of $7,633,671 and prejudgment interest of $2,197,535; and pay a civil money penalty in the amount of $70,000,000. Y Delaware Service Company, Inc. "In the Matter of Delaware Service Company, Inc." 08/31/2006 U.S. Securities and Exchange Commission, Washington, D.C. Order instituting administrative and cease-and-desist proceedings pursuant to Section 9(b) and 9(f) of the 1940 Act, in connection with violations of Section 19(a), Rule 19a-1, promulgated thereunder, and Section 34(b). DSC must cease and desist from committing or causing any violations and any future violations of Section 34(b) and Section 19(a) of the Investment Company Act of 1940 and Rule 19a-1, promulgated thereunder. Delaware Asset Advisers and Wei (Alex) Wei "In the Matter of Delaware Asset Advisers and Wei (Alex) Wei" 07/18/2012 U.S. Securities and Exchange Commission, Washington, D.C. Order instituting administrative and cease-and-desist proceedings pursuant to Section 8A of the Securities Act of 1933, and Sections 203(e) and 203(k) of the Investment Advisers Act of 1940. On the basis of the Order and DAA'S offer of settlement, the SEC found that the matter involved violations relating to the structuring, sales, and marketing of a $1.6 billion collateralized debt obligation known as Delphinus CDO 2007-1 Ltd. Macquarie Capital (USA) Inc. Securities and Exchange Commission v. Macquarie Capital (USA) Inc., et al. 03/27/2015 U.S. District Court for the Southern District of New York According to the SEC Complaint, MCUSA was the lead underwriter on a 2010 secondary public stock offering by Puda Coal, which traded on the New York Stock Exchange at the time and purportedly owned a coal company in the Peoples Republic of China. According to the SEC Complaint, in the offering documents, Puda Coal falsely claimed that it held a 90-percent ownership interest in the Chinese coal company. According to the SEC Complaint, MCUSA repeated those statements in its marketing materials for the offering despite obtaining a report showing that Puda Coal did not possess an ownership interest in the coal company. The Court Order requires MCUSA to pay $12 million in disgorgement and prejudgment interest and a civil monetary penalty in the amount of $3 million. The final judgement requires MCUSA to pay a total of $15,000,000.00, comprised of $10,728,525 in disgorgement, $1,271,475.00 in prejudgement interest and $3,000,000.00 in civil penalty. The firm also agreed to accept permanent injunctions. Macquarie Capital Investment Management LLC, et al "In the Matter of Macquarie Capital Investment Management LLC, et al" 07/07/2015 U.S. Securities and Exchange Commission, Washington, D.C. Order instituting cease-and-desist proceedings pursuant to Section 9(f) of the Investment Company Act of 1940, making findings and imposing a cease-and-desist order. Order instituting cease-and-desist proceedings pursuant to Section 9(f) of the Investment Company Act of 1940, making findings and imposing a cease-and-desist order. Macquarie Investment Management Business Trust In the Matter of Macquarie Investment Management Business Trust 09/19/2024 U.S. Securities and Exchange Commission, Washington, D.C. The Registrant entered into a settlement order with the SEC alleging that, between January 1, 2017 and April 2021: (1) MIMBT valued certain collateralized mortgage-backed obligations ("CMOs") at inflated prices; (2) MIMBT executed dealer-interposed and internal cross trades of those CMOs between registered investment company clients and other clients at prices that deviated from market prices; (3) certain disclosures of MIMBT relating to performance, valuation, liquidity, and cross trading contained false and misleading statements and omissions; and (4) MIMBT failed to implement policies and procedures relating to valuation, conflicts of interest and cross trades. The Registrant must cease and desist from committing or causing any violations or future violations of Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act and Rules 206(4)-7 and 206(4)-8 thereunder, and sections 17(a)(1) and (a)(2) and 34(b) of the Investment Company Act and Rules 22c-1 and 38a-1 thereunder; pay disgorgement of $7,633,671 and prejudgment interest of $2,197,535; and pay a civil money penalty in the amount of $70,000,000. N N N N N N N N N N N N Y Macquarie Equities Limited (MEL) "In the Matter of Macquarie Equities Limited" 01/24/2013 Australian Securities and Investments Commission (ASIC) ASIC alleged MEL may have failed to meet its obligations under the Australian Corporations Act 2001 ASIC and MEL entered into an enforceable undertaking on January 24, 2013. MEL has agreed to conduct an assessment of its licensee framework, implement a plan for any deficiencies, engage an independent expert to assess plan, and agree the plan with ASIC. N N N Adam Deitz 215-255-8860 Vice President 11/15/2024