News & Analysis as of

Criminal Liability Securities Fraud

WilmerHale

Criminal Vs. Civil Liability Amid Growing Crypto Enforcement

WilmerHale on

The emergence of digital assets has brought new risks and challenges, including the potential exploitation of the technology to facilitate financial crime. The U.S. Department of Justice has committed to work with its law...more

Orrick, Herrington & Sutcliffe LLP

L'ultima sentenza del "caso Impregilo": interessanti spunti in materia di responsabilità amministrativa degli enti ex D.Lgs....

A distanza di quasi vent’anni dai fatti in contestazione e di quasi tredici anni dalla sentenza di primo grado, si è giunti all’epilogo del noto “caso Impregilo”, con l’assoluzione in via definitiva di Impregilo S.p.A....more

Oberheiden P.C.

SEC Subpoena - 6 Things You Must Do To Protect Your Company

Oberheiden P.C. on

The Securities and Exchange Commission is a formidable federal agency charged with the authority to investigate various instances of securities fraud and misconduct by entities, executives, and investors in order to protect...more

Oberheiden P.C.

The 5 + 5 + 5 of SEC Defense

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) investigates companies (and individuals) for a broad range of federal offenses. This includes offenses that are both civil and criminal in nature, and that can carry penalties...more

White and Williams LLP

Second Circuit: Insider Trading Conviction Does Not Require a Finding of Personal Benefit

White and Williams LLP on

On December 30, 2019, the Second Circuit issued its landmark decision in United States v. Blaszczak, which widened the berth for federal prosecution of insider trading activities under Title 18 of the United States Code. The...more

Polsinelli

Prosecutors Not Required to Prove Tipper Received “Personal Benefit” to be Convicted Under Criminal Insider Trading Statute

Polsinelli on

On December 30, 2019 the Second Circuit issued its opinion in United States v. Blaszczak, finding that the government can criminally prosecute insider trading under 18 U.S.C. 1348 without proving personal benefit to the...more

Allen Matkins

When Signing A Subscription Agreement Is A Crime

Allen Matkins on

Chapter 22 of the California General Corporation Law is devoted to crimes and penalties. Some of these crimes are surprising. Section 2252, for example, imposes criminal liability on every person who "signs to any...more

Allen Matkins

Are Felonious Statements Under The General Corporation Law Actionable?

Allen Matkins on

Section 2254 of the California Corporations declares it a felony for a director, officer or agent of any corporation, whether domestic or foreign, to knowingly concur in making, publishing or posting either generally or...more

Sheppard Mullin Richter & Hampton LLP

You Might Be an Inside Trader If…You Trade on Your Unconfirmed Suspicions of a Cybersecurity Event Prior to Its Public Revelation...

Earlier this year, the SEC released cybersecurity guidance addressing, among other things, the risk of insider trading in the event of a data breach. This risk comes in multiple forms, including the intruders trading on...more

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