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Supreme Court Excludes “Misleading” Statements from False Statement Liability in Thompson v. U.S.

In a unanimous decision issued on March 21, 2025, the Supreme Court in Thompson v. U.S. heightened the burden of proof for “false” statements under 18 U.S.C. § 1014, excluding “misleading” but true statements from liability...more

Jarkesy Supreme Court Ruling Limits SEC’s Enforcement Authority

In a 6-3 decision issued on June 27, 2024 in SEC v. Jarkesy, the U.S. Supreme Court curtailed the U.S. Securities and Exchange Commission’s (“SEC”) enforcement authority in recognizing that there is a right to a jury trial in...more

Insider Trading in Physical Commodities

On December 14, 2023, the Commodity Futures Trading Commission (“CFTC”) and Department of Justice (“DOJ”) Fraud Section announced the settlement of insider trading fraud charges and Foreign Corrupt Practices Act (“FCPA”)...more

US Attorneys’ Offices Issue New Voluntary Self-Disclosure Policy As Efforts to Incentivize More Self-Reporting Continue

On February 22, 2023, the United States Attorneys’ Offices (USAO) issued a new Voluntary Self-Disclosure (VSD) Policy, which is effective immediately. The policy follows the revisions announced last month to the Department of...more

DOJ Announces Formal Expansion of Corporate Enforcement Policy to Incentivize More Self-Reporting

On January 17, 2023, Assistant Attorney General Kenneth Polite announced revisions to the Department of Justice (DOJ) Criminal Division’s Corporate Enforcement Policy (CEP), expanding the availability of a potential full...more

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