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Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint...more

SEC Voluntarily Dismisses Action against Hedge Fund Manager over Safeguarding Confidential Information while Participating on...

On April 7, 2024, the United States District Court for the District of Connecticut approved the Securities and Exchange Commission’s request to dismiss its action against a hedge fund manager for the manager’s alleged failure...more

CFTC’s Spring Cleaning: Let's Make a Deal (Quickly)

The Commodity Futures Trading Commission (CFTC) has a lot on its plate—too many enforcement cases, not enough time, and a limited appetite for dragging out every compliance misstep. So, yesterday, at the International Futures...more

SEC v. Coinbase. SEC Leaves the Field.

On February 27, 2025, the Securities and Exchange Commission formally abandoned its enforcement action against Coinbase. ...more

Reversal of Fortune: SEC to Drop Coinbase Suit

On Friday, Coinbase announced that the SEC staff had agreed in principle to dismiss its case alleging the company had failed to register as a securities exchange, broker-dealer, and clearing agency. We can expect the...more

Pausing Bribery Prosecutions: What Companies Need to Know

Last week President Trump signed an Executive Order pausing enforcement of the nation’s most robust anti-bribery statute, the Foreign Corrupt Practices Act (“FCPA”). The EO seeks a complete overhaul of the FCPA enforcement...more

Federal Agents at the Door: What Your Company Should Know

If there is one enforcement shift to expect in the next year or so, it is an uptick in federal law enforcement moves designed to overwhelm the targets. This means more search warrants (or “raids”) at businesses, especially...more

Don’t Expect “Mama Government” to Bail You Out

According to reports, more than 50 lawyers and staffers in the SEC’s Crypto Assets and Cyber Unit have been reassigned to other roles in the agency....more

SEC Gets in Line at the Genesis Bankruptcy

On January 31, 2024, bankrupt Genesis Global Holdco, LLC, on behalf of its subsidiary Genesis Global Capital, LLC1 asked the United States Bankruptcy Court for the Southern District of New York to approve a settlement reached...more

Herding a Bunch of Stoned Cats

On Sept 13, 2023, for its second non-fungible token (NFT) related enforcement action, the SEC issued a settled Order against Stoner Cats 2, LLC (“SC2”) for SC2’s offer and sale of 10,320 NFTs linked to images of characters...more

[Webinar] SEC Spotlight: Off-Channel Communications and Recordkeeping - March 9th, 12:00 pm - 12:30 pm EST

During this 30-minute webinar, Seward & Kissel partners from the Firm’s Government Enforcement and Internal Investigations Group will discuss the SEC’s recent enforcement actions regarding recordkeeping failures related to...more

Wealth Management Firm Charged with Reg S-P Violations for Failing to Properly Dispose of its Hard Drives

On September 20th, 2022, the Securities and Exchange Commission (“Commission”) entered a settled order (“Order”) against the wealth management arm of a global financial services firm (“Firm”) for its failure to protect...more

Gotta Catch Them All? SEC Brings First Crypto Insider Trading Action

On July 21, 2022, the Securities and Exchange Commission (“SEC”) announced insider trading charges against a former Coinbase product manager, Ishan Wahi, his brother, Nikhil Wahi, and a friend, Sameer Ramani, for trading...more

SEC Files First Reg BI Action Against Broker-Dealer

On June 15, 2022, the Securities and Exchange Commission (“SEC”) filed a complaint against California-based broker-dealer Western International Securities, Inc. (“Western”) alleging violations of Regulation Best Interest...more

SEC Charges Schwab for Misleading Investors about Robo-Adviser’s Fees

On June 13, 2022, the Securities and Exchange Commission (“SEC”) entered a settled order (“Order”) against three of The Charles Schwab Corporation’s investment adviser subsidiaries (collectively, “Schwab”) on charges that...more

Former OpenSea Employee Charged with Insider Trading in NFTs; Could This be a “One-Off” or Sign of Future Actions?

On June 1, 2022, the U.S. Attorney’s Office for the Southern District of New York announced the indictment of former OpenSea employee Nathaniel Chastain for an NFT “insider trading” scheme. From at least June to...more

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