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Changes in DOJ Policy on Digital Assets Enforcement

On April 7, the Deputy Attorney General (DAG) Todd Blanche issued a memorandum entitled “Ending Regulation By Prosecution,” detailing a significant shift in the US Department of Justice’s (DOJ) approach to digital assets....more

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

FinCEN Releases Final Anti-Money Laundering Rule for Investment Advisers

On August 28, the Financial Crimes Enforcement Network (FinCEN) issued a final rule establishing anti-money laundering and countering the financing of terrorism (AML/CFT) compliance obligations for US Securities and Exchange...more

SEC and FinCEN Propose New Rule: Mandatory Customer Verification for Investment Advisers in 2024

On May 13, the US Securities and Exchange Commission (SEC) and the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) jointly released a notice of proposed rulemaking (NPRM) which, if...more

A Win for the SEC on Shadow Trading. Now What?

On April 5, 2014, after an eight-day trial and a few hours of deliberation, a federal jury entered a verdict for the US Securities and Exchange Commission (SEC) and found that Matthew Panuwat had engaged in insider trading...more

Investment Advisers To Be Subject to Strengthened AML Regulations Under FinCEN’s Proposed Rule

On February 13, the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM) which, if adopted, would sweep Security and Exchange Commission-Registered...more

SDNY Whistleblower Program for Individuals: An Extension of DOJ Corporate Voluntary Disclosure Policies

On January 10, when announcing his office’s new Whistleblower Pilot Program, Southern District of New York United States Attorney Damian Williams told potential cooperators “[c]all us before we call you.” But should...more

Compliance Officers Beware: the SEC is Looking to Expand the Reach of Insider Trading

On November 20, 2023, the Northern District of California denied summary judgment for the defendant in SEC v. Panuwat, an enforcement action being brought under a novel theory of insider trading law that is being referred to...more

UK FCA: United Kingdom’s Recent Focus on Consumer Best Interests

In a welcome change in approach to financial market regulation, the United Kingdom’s Financial Conduct Authority (FCA) is requiring market participants to deliver good outcomes for consumers. On July 27, 2022, the FCA...more

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