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Restitution Securities Fraud

ArentFox Schiff

Investigations Newsletter: DOJ’s First Criminal Securities Fraud Prosecution Related to COVID-19 Results in Eight-Year Sentence

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DOJ’s First Criminal Securities Fraud Prosecution Related to COVID-19 Results in Eight-Year Sentence - Mark Schena, the former president of Arrayit Corporation, a Silicon Valley-based medical technology company, was...more

Carlton Fields

Victims With “Dirty Hands” Cannot Recover Under the Mandatory Victims Restitution Act in Second and Eleventh Circuits

Carlton Fields on

The Mandatory Victims Restitution Act requires sentencing courts to order defendants to make restitution to the victim of the offense or the victim’s estate. In addition to violent crimes, crimes relating to consumer and...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Limits Criminal Restitution Orders Under the Mandatory Victims Restitution Act: Expenses Associated With SEC...

On Feb. 25, 2022, the U.S. Court of Appeals for the Second Circuit held in United States v. Afriyie that restitution orders under the Mandatory Victims Restitution Act (MVRA) do not allow victims to recover attorneys’ fees...more

Vinson & Elkins LLP

New Year, New DOJ: Recent Resolution of Fraud Allegations Signals DOJ’s Increased Use of Corporate Monitorships

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On December 21, 2021, the U.S. Department of Justice (“DOJ”) announced a resolution of its criminal investigations into NatWest Markets Plc (“NatWest”), a global banking and financial services firm based in the United...more

Lowenstein Sandler LLP

SDNY Decision Makes It Harder For Employers To Recoup Legal Fees From Convicted Employees

Lowenstein Sandler LLP on

Companies commonly advance millions in legal fees to employees fighting securities fraud and other charges related to work performed in connection with the employment. When employees proceed to trial, that number can balloon...more

Buchalter

When Can Companies Recoup Advancement of Executives’ Criminal Defense Costs? A Recent Decision Highlights Some Limits

Buchalter on

When corporate executives are charged with crimes, their companies often foot the bill for their defenses. Sometimes those bills can be hefty. And while companies sometimes seek to recoup the expenses when the executives are...more

Gray Reed

2019 Bad Guys in Energy

Gray Reed on

To our bad guys, 2019 was a year flush with hope and opportunity; it ended with recidivism, more misery from Venezuela, a charlatan, an Okie who pulled a multi-million dollar fast-one on Chesapeake and, as in years past, a...more

Moore & Van Allen PLLC

Latest DOJ Spoofing Settlement

Moore & Van Allen PLLC on

On November 6, 2019, the Fraud Section of the Department of Justice with the Office of the U.S. Attorney for the Southern District of Texas, and the CFTC, announced settlements of their spoofing and market manipulation...more

White & Case LLP

Trial Concludes for Exxon in New York Climate Change Investor Fraud Case

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In New York Supreme Court, Exxon was on trial for allegedly misleading investors about the business costs of climate change. The central allegation was that Exxon fraudulently used two distinct sets of metrics to calculate...more

A&O Shearman

Second Circuit Affirms Insider Trading Conviction And Vacates Restitution Order Of Sports Gambler Billy Walters

A&O Shearman on

On December 4, 2018, the United States Court of Appeals for the Second Circuit affirmed the insider trading conviction, judgment, and order of forfeiture of professional sports gambler Billy Walters, while simultaneously...more

K&L Gates LLP

The Year in Review: 2015 FINRA Enforcement Actions

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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

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