Latest Publications

Share:

SEC Brings Flurry of Insider Trading Cases Using Market Analytics

On July 25, 2022, the Securities and Exchange Commission (SEC or the Commission) made headlines announcing insider trading charges against 10 individuals across four separate cases, signaling an increased and renewed focus on...more

DOJ Calls on International Partners to Improve Investigative Efficiency in Response to President Biden's Executive Order on Risks...

Key Takeaways - ..In June 2022, the DOJ issued a Report recommending increased cooperation amongst international law enforcement to combat crimes involving digital assets. ..The Report identified characteristics...more

SEC Signals Ramp-Up in Crypto Enforcement by Nearly Doubling Its Crypto Assets Cyber Unit Staff

Key Takeaways - ..SEC enforcement actions related to crypto and cyber are expected to significantly increase with the additional 20 staff assigned to the Division of Enforcement unit dedicated to these industries....more

$3.6 Billion Reasons to Up Cryptocurrency Compliance: FBI Cracking Down on Crypto Criminals

Key Takeaways - ..Banks and cryptocurrency exchanges need to update their BSA programs to account for the unique aspects of cryptocurrencies, detect and report related suspicious activity, and minimize the risk of...more

DOJ Criminal Division Head Kenneth Polite Cautions Compliance Crackdown

Key Takeaways - Corporate enforcement and individual accountability are high priorities for new DOJ Criminal Division head Kenneth Polite. Companies should be proactive in implementing, monitoring, and improving their...more

Leading Enforcement Officials Focus In on Gatekeepers, Individual Prosecutions, and New DOJ Policies on Corporate Criminal...

Key Takeaways - The SEC and DOJ announce that they are focusing on individual and corporate accountability, including a renewed emphasis on lawyers and accountants as the first line of defense against misconduct....more

DOJ Targets Cryptocurrency Fraud

On October 6, 2021, the U.S. Department of Justice (“DOJ”) announced the creation of a National Cryptocurrency Enforcement Team (“NCET” or “Team”) to tackle investigations and prosecutions of criminal misuses of...more

SEC Doubles Down on Crypto Enforcement

In a speech before the Aspen Security Forum on August 3, 2021, Securities and Exchange Commission (“SEC” or “Commission”) Chair Gary Gensler urged lawmakers to provide him with the power to police cryptocurrency trading,...more

‘An Offer You Can't Refuse': Best Practices for Responding to SEC ‘Voluntary' Requests

Many companies registered with the Securities and Exchange Commission (“SEC” or “Commission”), whether as a public company, an investment adviser, or a broker-dealer, will undergo an inquiry or a formal investigation by the...more

SEC Sets Forth Regulatory Initiatives for the Next Year

On June 11, 2021, the Office of Information and Regulatory Affairs, a division of the Office of Management and Budget, released the Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions,[1] which includes...more

Biden Ups the Ante on Fighting Corruption — Directs the Department of Justice and Other Key Agencies to Engage in an Interagency...

On June 3, 2021, President Biden issued a national security memorandum, “Establishing the Fight Against Corruption as a Core National Security Interest.” The first national security memorandum of his presidency, it lays out...more

New SEC Chair Proposes Limiting Rule 10b5-1 Trading Plans, Citing ‘Real Cracks' in SEC Insider Trading Enforcement

The U.S. Securities and Exchange Commission (“SEC”) is considering greatly limiting the affirmative defense that protects corporate executives against SEC prosecutions for insider trading claims when they buy or sell their...more

The Future of SEC Enforcement Under the Biden Administration

On April 14, 2021, the U.S. Senate confirmed the nomination of Gary Gensler as the 33rd Chair of the U.S. Securities and Exchange Commission (“SEC” or “Commission”). This change will bring forth a Democratic majority at the...more

Biden's New HHS Secretary Promises "Robust Enforcement"

Introduction - On March 18, 2021, the Senate narrowly confirmed Xavier Becerra, the former attorney general of California, as U.S. Department of Health and Human Services (“HHS”) Secretary....more

SEC Commissioner Peirce Delivers a Speech on Defining the Parameters of CCO Liability

The question of how to define the parameters of personal liability for compliance officers in the financial services industry has been around for several years. In a 2015 speech, then-SEC Enforcement Director Andrew Ceresney...more

DOJ and IRS May Soon Begin Enforcement Actions Against Virtual Currency Tax Fraudsters

In the past several years, the use and prevalence of virtual currency have increased exponentially. The proliferation of digital assets has changed the way goods and services are exchanged and has allowed for faster and...more

SEC Announces Key Priorities and Sees No Slowdown in Enforcement Program

On Oct. 8 and 9, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) presented its annual program, The SEC Speaks in 2020. The Commission touted its virtual enforcement results, particularly in Chairman...more

The First of Many Expected COVID-19 Criminal Cases Against Nursing Home Operators

On September 24, 2020, Superintendent Bennett Walsh and former Medical Director David Clinton of the Soldiers’ Home in Holyoke, Massachusetts (SHH) were indicted on criminal neglect charges in what Attorney General Maura...more

A Divided SEC Tries To Turn Up the Heat on Financial Misconduct by Amending the Whistleblower Award Rules

On Sept. 23, 2020, the Securities and Exchange Commission (SEC or Commission) adopted amendments to the rules that govern its whistleblower program in a 3-2 vote. Since the program’s inception 10 years ago, original...more

DOJ Releases First FCPA Advisory Opinion in Six Years

On August 14, 2020, the Department of Justice (the “DOJ”) issued its first Foreign Corrupt Practices Act (the “FCPA”) advisory opinion in almost six years....more

DOJ and SEC Publish New FCPA Resource Guide

On the eve of the July 4th holiday, the Criminal Division of the Department of Justice (the “DOJ”) and the Enforcement Division of the Securities and Exchange Commission (the “SEC”) quietly published the second edition of the...more

SEC Wins Fight to Retain Disgorgement Power But There's a Catch

On June 22, 2020, the U.S. Supreme Court issued its highly anticipated decision in Liu v. Securities and Exchange Commission, which found that disgorgement awards that do not exceed a wrongdoer’s net profits (gross profits...more

DOJ Makes Important Changes to Its Guidance on Evaluating Compliance Programs

On June 1, 2020, the Criminal Division (the “Criminal Division”) of the Department of Justice (the “DOJ” or “Department”) issued revised guidance (the “June 2020 Guidance”) about how it will evaluate corporate compliance...more

Will the SEC's Record Whistleblower Awards and COVID-19 Lead to More Whistleblower Complaints?

On April 16, 2020, the Securities and Exchange Commission (“SEC”) announced a $27 million whistleblower award, its largest award of 2020 and the sixth-highest whistleblower award since the inception of its whistleblower...more

94 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide