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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11The SEC announced a $5.5 million civil penalty against NVIDIA on May 6, 2022, after finding that the company failed to adequately disclose how cryptomining contributed to growth in its gaming-GPU revenue. NVIDIA settled the administrative action without admitting or denying the findings.
What the SEC said NVIDIA failed to disclose
The SEC’s order focused on NVIDIA’s second and third quarters of fiscal 2018. In the Forms 10-Q for those quarters, NVIDIA reported material year-over-year revenue growth in its Gaming specialized market. The SEC found that NVIDIA had information indicating cryptomining was a significant contributor to that growth but did not disclose that connection in those filings.
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The agency said investors therefore lacked information needed to assess whether the reported performance was likely to indicate future results in a volatile business. NVIDIA did discuss cryptocurrency demand in other parts of its business, the SEC said, but those disclosures could leave investors with the impression that the Gaming market was not significantly affected.
The SEC described the issue as inadequate disclosure about the impact of cryptomining on NVIDIA’s gaming business—not a finding that every gaming GPU sale was made to a miner. The agency’s announcement quotes Kristina Littman, then chief of the SEC Enforcement Division’s Crypto Assets and Cyber Unit, saying: “NVIDIA’s disclosure failures deprived investors of critical information to evaluate the company’s business in a key market.”
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Why the distinction between Gaming and GPU reporting mattered
NVIDIA reported its business in two ways relevant to the SEC’s analysis: by GPU segment and by specialized market platform, including Gaming. The order says the Gaming market included GPUs for desktop and notebook computers as well as console system-on-chip modules. In fiscal 2018, Gaming represented more than half of NVIDIA’s total reported revenue of $9.714 billion.
Because investors were told about revenue growth in the Gaming market, the SEC considered it important that the company also explain the significant contribution of cryptomining to that growth. Reporting a product category or segment did not, in the agency’s view, substitute for explaining a material factor affecting the specialized market’s performance.
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What the settlement means—and what it does not
The SEC’s order found violations of Securities Act Sections 17(a)(2) and 17(a)(3), certain Securities Exchange Act disclosure rules, and deficiencies in NVIDIA’s disclosure controls and procedures. NVIDIA agreed to a cease-and-desist order and a $5.5 million penalty without admitting or denying the SEC’s findings.
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This was a settled SEC administrative action. The penalty is not a criminal fine, and the settlement is not a criminal conviction or an admission of wrongdoing by NVIDIA. The SEC’s press release calls the amount a penalty; NVIDIA’s later SEC filing describes it as a civil penalty.
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Timeline and primary documents
- May 6, 2022: The SEC announced the settled charges and $5.5 million penalty.
- Fiscal 2018, second and third quarters: The SEC’s order addresses NVIDIA’s Forms 10-Q and its disclosures about Gaming revenue growth during these periods.
- August 2022: NVIDIA’s SEC filing corroborated the settlement terms, including its no-admit/no-deny posture.
Read the SEC’s May 6, 2022 announcement, the SEC administrative order, and NVIDIA’s August 2022 SEC filing for the underlying terms and findings.
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- 3.125-slot design with massive fin array optimized for airflow from three Axial-tech fans
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