Securities Fraud

News & Analysis as of

Securities Enforcement 2015 Year-End Review

The Securities and Exchange Commission (the SEC or the Commission) filed a record 807 enforcement actions in fiscal year 2015, 52 more than it filed in 2014. It also set a record by obtaining approximately $4.2 billion in...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - FINRA’s Proposed Pay-to-Play Rule Will Impact Investment Advisers - Late last year (December 24, 2015), the Financial Industry Regulatory Authority (FINRA) submitted a proposed rule to the U.S....more

In Flannery v. SEC, First Circuit Rebukes Commission, Signals Departure from Deferential Review

On December 8, 2015, the U.S. Court of Appeals for the First Circuit ruled in Flannery v. SEC that the Securities and Exchange Commission lacked substantial evidence in finding securities law violations by two executives in...more

Your daily dose of financial news The Brief – 2.1.16

Despite an annual growth figure (2.4%) that matched 2014, 2015’s anemic Q4 economic figures (a mere .7% growth) is adding yet more fuel to the fire of those concerned about the ability of the US economy to withstand global...more

Your daily dose of financial news The Brief – 1.28.16

Tough news for UK prosecutors yesterday, with a jury fully acquitting all 6 former brokers of Libor manipulation charges for their work with Tom Hayes – NYTimes and WSJ and Law360... The Fed wrapped up its January...more

Corporate Investigations & White Collar Defense - January 2016

The FCPA in 2016: DOJ and SEC Focus on International Cooperation and Investigation of Individuals - Why it matters: As we reported in our December 2015 newsletter, both SEC Enforcement Director Andrew Ceresney and DOJ...more

Your daily dose of financial news The Brief – 1.20.16

Oil spilled all over global markets again today, halting another short-lived stretch of stability – WSJ... Just months after refusing to take up the contentious Newman appeal that regulators and traders alike hoped would...more

5 Securities Litigation Issues to Watch in 2016

The coming year promises to be a pivotal one in the world of securities and corporate governance litigation. In particular, there are five developing issues we are watching that have the greatest potential to significantly...more

New York Appellate Court Affirms Motion to Dismiss RMBS Complaint Against Morgan Stanley

On January 12, 2016, the Appellate Division, First Department, of the New York State Supreme Court affirmed a trial court order granting Morgan Stanley’s motion to dismiss claims brought by Dexia SA’s subsidiary FSA Asset...more

Your daily dose of financial news The Brief – 1.15.16

Goldman Sachs is ready to close a major lingering chapter of financial-crisis-era litigation, announcing yesterday that it’s agreed to a civil settlement of $5 billion to resolve claims related to its “marketing and selling...more

Health Care Enforcement in 2016: A Look Back on 2015 and Forecasting the Year Ahead

2015 was a year of transition for the U.S. Department of Justice (“DOJ”), with the installation of a new Attorney General, Deputy Attorney General, and several other high-level officials. In January 2015, Andrew Weissmann...more

The CFTC Turns to Insider Trading Enforcement

The U.S. Commodities Futures Trading Commission (CFTC) recently brought, and settled on consent, its first-ever insider trading case. The Commission used its new authority under the Dodd-Frank Act and the Commission’s new...more

2015 Securities Law Developments

On balance, the securities litigation landscape in 2015 offered a glass half-full/glass half-empty perspective for issuers and their officers, directors and advisors. Omnicare, Inc. v. Laborers District Council Construction...more

The Year in Review: 2015 FINRA Enforcement Actions

Over the past several years, the Financial Industry Regulatory Authority (“FINRA”), the self-regulatory organization responsible for regulating every brokerage firm and broker doing business with the U.S. public, brought...more

Things That Never Change in the Oil Patch: How to Aggravate the SEC

In the spirit of Charles Ponzi, today we offer advice for attracting special attention from powerful federal authorities who want to punish you. Helms and Kaelin marketed a limited partnership to hold royalty interests in...more

Business Litigation Alert: "The Danger of Emails - A Cautionary Tale for the New Year"

Martin Shkreli was a lightning rod for controversy during the time he served as the CEO of Turing Pharmaceuticals, but it’s his actions from a previous company that are now landing him in serious legal hot water, and his own...more

FCA fines Threadneedle for fixed income desk failings

FCA has fined Threadneedle Asset Management Limited £6,038,504 for breach of Principles 3 and 11 between 2010 and 2012. The failings relate to weaknesses in the fixed income area of the firm’s front office, which were...more

Marathon Structured Finance Fund, LP v. Paramount Pictures Corp. - USCA, Second Circuit, December 14, 2015

Second Circuit affirms dismissal of fraud claims against Paramount Pictures, finding that defendant has always used wide mix of co-financing strategies in release of its motion pictures, and plaintiffs, who are sophisticated...more

U.S. Securities Laws Not Applicable to Certain Purchases of Petrobras Debt Securities

The narrowing of the federal securities laws’ applicability to non-U.S. transactions continues. On December 21, 2015, the U.S. District Court for the Southern District of New York held in In re Petrobras Securities Litigation...more

Second Circuit Broadens Scope Of Expert Testimony Admissible In White-Collar Fraud Trials

In United States v. Litvak, 14-2902, the U.S. Court of Appeals for the Second Circuit vacated the conviction of a securities trader after concluding that the district court erroneously excluded his proffered expert witnesses....more

Martin Shkreli, Criminal Forfeiture, and the Wu-Tang Clan

The S&P Schadenfreude Index hit an all-time high yesterday when Martin Shkreli was arrested and indicted for securities fraud related to a hedge fund he used to run. The SEC sued him, too. Here’s how the Justice Department...more

Your daily dose of financial news The Brief – 12.17.15

As expected, the Fed finally acted yesterday, raising short-term interest rates (in a range between .25 to .5 percent ) for the first time in nearly a decade. Even with this move that’s been literally years in the making,...more

IA Settles With SEC, USAO After Letter to Investors Admitting Losses

The SEC and the Manhattan U.S. Attorney’s Office brought actions against a hedge fund adviser who lost most of the money raised from investors through risky trading while trying to conceal that fact from them, the brokers and...more

Your daily dose of financial news The Brief – 12.15.15

The Supreme Court just added a “Part IV” to the Times’ series on the impact of arbitration clauses on average consumers – NYTimes... Dealbook’s White Collar Watch column asks what makes a misstatement material in a...more

A 1,500-Day Ordeal: First Circuit Rebukes SEC for In-House Prosecution

Five years after the SEC brought charges that cost two fund executives their jobs, the U.S. First Circuit overturned the sanctions, chiding the SEC for misreading critical evidence, lacking substantial evidence for its...more

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