Announcing the results of its investigation, which specifically relates to Nvidia’s actions during its fiscal year 2018, the SEC claimed that while the tech company had reported material growth in revenue within its gaming business at the time, it had failed to reveal to investors that - based on its own information - its gaming sales were driven in significant part by cryptomining. Why’s that important? As the SEC puts it, “These significant earnings and cash flow fluctuations related to a volatile business for investors to ascertain the likelihood that past performance was indicative of future performance.” “Nvidia’s disclosure failures deprived investors of critical information to evaluate the company’s business in a key market,” its press release continues. “All issuers, including those that pursue opportunities involving emerging technology, must ensure that their disclosures are timely, complete, and accurate.” Ultimately, the SEC’s investigation into the matter found Nvidia to be in violation of the Securities Act of 1993 and the disclosure provisions of the Securities Exchange Act of 1934, leading to its $5.5m fine - a figure the company has agreed to pay “without admitting or denying the SEC’s findings”.
