News & Analysis as of

White Collar Crimes Securities Fraud

Houston Harbaugh, P.C.

SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act

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The U.S. Supreme Court recently held that proving an employer’s retaliatory intent is not required for whistleblowers seeking protection under the Sarbanes-Oxley Act. In Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024),...more

Husch Blackwell LLP

Let’s Make a Deal with DOJ: The Impact of the DOJ’s New Whistleblower Reward Program on Corporate Compliance

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While Monty Hall (or for the current generation, Wayne Brady) was nowhere in sight, it was difficult not to think about the show “Let’s Make a Deal” while sitting in the audience at the American Bar Association’s 39th...more

Benesch

White Collar Quarterly Report | Q1 2024

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We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue...more

Foley Hoag LLP - White Collar Law &...

SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023

This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Goulston & Storrs PC

SCOTUS Issues Decision with Significant Implications for Future Whistleblower Cases

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On February 8, 2024, the United States Supreme Court issued an opinion in Murray v. UBS Securities, LLC, 601 U.S. ___(2024), a case involving a former UBS employee’s claim that he was terminated for making an internal report...more

The Volkov Law Group

Supreme Court’s Unanimous Decision Provides Important Protections for Sarbanes-Oxley Whistleblowers

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In a unanimous ruling, the Supreme Court reaffirmed the whistleblower protections of the Sarbanes-Oxley Act in the case, Murray v. UBS Securities, LLC et al. (February 8, 2024).  The Supreme Court’s decision reaffirms an...more

Morrison & Foerster LLP

U.S. Attorney for the Central District of California Announces a New Corporate and Securities Fraud Strike Force to Ramp up...

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On October 4, 2023, Martin Estrada, U.S. Attorney for the Central District of California (CDCA), announced the formation of a Corporate and Securities Fraud Strike Force (the “Strike Force”), a new CDCA section designed to...more

Bradley Arant Boult Cummings LLP

Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions

On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar...more

Katten Muchin Rosenman LLP

SEC 2023 Examination Priorities

On February 7, the Securities and Exchange Commission’s (SEC) Division of Examinations (Division) published its examination priorities for 2023.1 According to this statement, the Division’s mission is to promote compliance,...more

Foley Hoag LLP

SEC and DOJ Bring First-Ever Crypto Insider Trading Actions

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This year had already seen an uptick in federal enforcement activity focused on digital assets with the expansion of the SEC’s Crypto Assets and Cyber Unit (see our prior client alert on that expansion and its impact here)...more

Kohn, Kohn & Colapinto LLP

Bloomberg Law Whistleblower Investigation Is Hampered by Undisclosed Conflicts and Bias

On July 26, 2022 Bloomberg Law published an “investigation” into the Dodd-Frank Act whistleblower program. Its sensational lead paragraph concludes that the program “often ignores its own rules, shields much of its work from...more

Cozen O'Connor

BCSC Denies Driving Privileges to Enforce Securities Fraud Sanctions [Alert]

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A three-member panel of the BC Securities Commission dismissed an application by Paul Se Hui Oei to overturn the Executive Director’s (ED) decision to deny Oei a driver’s licence. The panel found that the necessary statutory...more

Patterson Belknap Webb & Tyler LLP

SEC, CFTC, and SDNY Charge Archegos Capital Management and Its Owner and Executives with Fraud: Implications for Family Offices

On April 27, 2022, the SEC filed suit against family office Archegos Capital Management, LP, as well as its Founder/Owner Sung Kook (Bill) Hwang, CFO Patrick Halligan, Head Trader William Tomita, and Chief Risk Officer Scott...more

Womble Bond Dickinson

“Carrots & Sticks”: Individual Accountability in Corporate Criminal Enforcement Remains a Top DOJ Priority

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On March 3, 2022, at the 37th Annual American Bar Association Criminal Justice Section National Institute on White Collar Crime in San Francisco, Attorney General Merrick B. Garland emphasized that “the prosecution of...more

The Volkov Law Group

NatWest Markets Pleads Guilty and Agrees to Pay $35 Million for Fraudulent “Spoofing” Scheme (Part I of II)

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The Department of Justice secured a guilty plea from NatWest Markets, the newly-named Royal Bank of Scotland, for trade manipulation, referred to as “spoofing,” in U.S. Treasury markets. The NatWest resolution reflected new...more

The Volkov Law Group

Credit Suisse’s Global Bribery and Fraud Scheme (Part II of II)

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The Credit Suisse case highlights the significant impact that global corruption and fraud can have on developing economies.  Mozambique’s economy suffered serious harm from the scheme, which started to unravel when the IMF...more

The Volkov Law Group

Kraft Foods Agrees to Pay $62 Million for Misstatements in Financial Report

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Recently, the SEC announced a settlement with Kraft Foods for $62 million and with two Kraft executives for financial reporting misstatements.  Along with the corporate settlement with Kraft, the SEC announced proposed...more

Cozen O'Connor

Notice of Appeal - Spring 2021

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Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

Foley Hoag LLP

U.S. Supreme Court Vacates Second Circuit’s Expansion of Criminal Insider Trading Liability

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On January 11, 2021, the U.S. Supreme Court vacated the 2019 decision of the U.S. Court of Appeals for the Second Circuit in United States v. Blaszczak, which substantially broadened the scope of criminal insider trading...more

BakerHostetler

Traditional and Crypto Firms Across Globe Launch New Initiatives, UN Designs Blockchain Land Registry, Privacy Wallets Spark...

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Cryptocurrency Firms and Legacy Financial Institutions Worldwide Make Crypto Moves - Two cryptocurrency firms filed applications this week with the Office of the Comptroller of the Currency to become federally regulated banks...more

Lowenstein Sandler LLP

Verdict In First SDNY White-Collar Jury Trial Since Start Of Pandemic

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After four days of deliberations, a jury returned a verdict against two former MiMedx Group Inc. executives for their involvement in an alleged fraud scheme. The three-week trial before U.S. District Judge Jed Rakoff marked...more

The Volkov Law Group

DOJ, CFTC and SEC Settle Spoofing Fraud Charges with JP Morgan for $920 Million

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JP Morgan Chase (“JP Morgan”) is not having a positive year when it comes to government enforcement.  JP Morgan is at the brink of a multi-billion dollar FCPA settlement for its involvement in the 1MDB corruption scandal in...more

Robins Kaplan LLP

Financial Daily Dose 9.14.2020 | Top Story: Oracle Bests Microsoft In Pursuit of TikTok

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If not immune to surprise at this point in 2020, that might be the appropriate feeling at the apparent emergence of late-stage suitor Oracle as the winner of the TikTok sweepstakes. Though terms between ByteDance and Oracle...more

Troutman Pepper

It’s All Hands on Deck in Prosecuting COVID-19 Fraud

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As scientists around the globe team up to discover and develop treatments and vaccine candidates for COVID-19, we are also seeing unprecedented speed and coordination in the effort to quell a different kind of virus — the...more

K&L Gates LLP

Voluntary Disclosure: Newsflash August 2020

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A government inquiry can result in serious consequences for a company or individual. Our new podcast series, Voluntary Disclosure—brought to you by the lawyers in our investigations, enforcement, and white collar practice—is...more

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