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SEC Makes Moves to Step Up ESG Enforcement

As investor demand for socially responsible investing continues to rise, the U.S. Securities and Exchange Commission (SEC) has increased its focus on compliance practices of investment advisors and funds. After the change in...more

SEC Division of Examinations Announces 2021 Examination Priorities

For each of the past nine years, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (previously called the Office of Compliance Inspections and Examinations, or OCIE, and hereinafter referred to as...more

SEC Commissioner’s Public Comments May Signal Stiffer Corporate Stronger Misconduct Penalties on the Horizon

Earlier this week at a talk before the Council of Institutional Investors, U.S. Securities and Exchange (“SEC”) Commissioner, Caroline Crenshaw, argued that the enforcement must play a “central role” with regulators and...more

Congress Amends Exchange Act Of 1934 To Address Disgorgement Penalties In Defense Spending Bill

The New Year is still young, but major changes are already afoot in securities enforcement as Congress amended the Securities Exchange Act of 1934 (“Exchange Act”) on January 1, 2021. It was easy to miss these changes to the...more

Supreme Court Asks Second Circuit to Reconsider Ruling in Insider Trading Prosecution

Last year, we reviewed the Second Circuit decision in United States v. Blaszczak, which made it easier to prosecute trading on inside information. A divided panel of the Second Circuit Court of Appeals declined to extend the...more

Special Fraud Alert from DHHS OIG Cautions Against Use of Health Care Speaker Programs

The Department of Health and Human Services Office of Inspector General (“DHHS OIG”) recently issued a Special Fraud Alert regarding fraud and abuse concerns related to speaker programs offered by pharmaceutical and medical...more

The Cheesecake Factory has settled charges with the SEC for Misleading COVID-19 Disclosures

The SEC has just announced settled charges against The Cheesecake Factory Incorporated for making misleading disclosures about the impact of the COVID-19 pandemic on its business operations and financial condition. The SEC...more

Down for the Count: Prosecutors Aim for Knockout Sentence in Floyd Mayweather-Backed-ICO Case

Late last month, federal prosecutors in the Southern District of New York pushed for a heavy prison sentence against one of the founders of Centra Tech, Inc. (“Centra Tech”). As discussed earlier this year on the BitBlog,...more

Securing the Weakest Link U.S. Government’s Cryptocurrency Tracing Capacity on Full Display in Civil Forfeiture Action

The U.S. Department of Justice (“DOJ”) filed a civil forfeiture complaint detailing two hacks of virtual currency exchanges by North Korean actors.  These actors stole millions of dollars’ worth of cryptocurrency or other...more

You Can Run But You Can’t Hide: U.S. Government’s Cryptocurrency Tracing Capacity on Full Display in Civil Forfeiture Action

The U.S. Department of Justice (“DOJ”) filed a civil forfeiture complaint detailing two hacks of virtual currency exchanges by North Korean actors. These actors stole millions of dollars’ worth of cryptocurrency and...more

Uncle Sam Wants to Protect Blockchain Technology

On August 27, 2020, the head of the U.S. Department of Justice’s Antitrust Division (“DOJ”), Makan Delrahim, spoke at the Thirteenth Annual Conference on Innovation Economics and emphasized that one of the DOJ’s top...more

A Long Time Coming: DOJ Issues First FCPA Advisory Opinion in Six Years

On August 14, 2020, the Department of Justice issued a Foreign Corrupt Practices Act (“FCPA”) Advisory Opinion—the first of its kind in nearly six years. The DOJ’s opinion advised a U.S. investment company that the...more

4th Circuit: SEC Disgorgement Fine Does Not Trigger Double Jeopardy Protection

Last week, the United States Court of Appeals for the Fourth Circuit issued a significant ruling that a business owner who made a $4.5 million disgorgement deal with the SEC to resolve civil fraud claims cannot escape...more

Take the Money and Run - Bitcoin Transfers (even within the same state) Provide Basis for Federal Jurisdiction in Money Laundering...

Earlier this month, the Ninth Circuit Court of Appeals affirmed the money laundering convictions of Thomas Costanzo, a bitcoin broker. According to Costanzo, the bitcoin transfers at issue, which originated from and were...more

SCOTUS Opens Door for State Criminal Prosecutions Using I-9 Information

Earlier this month, the United States Supreme Court issued an opinion enabling state prosecutors to use information found in federal I-9 documents when prosecuting unauthorized immigrants for identity theft....more

District Court Sets Parameters of Agency Liability for Foreign Nationals in FCPA Prosecutions

Recently, the United States District Court for the District of Connecticut issued its order in United States v. Hoskins, vacating a jury’s November 2019 conviction of a foreign entity’s executive for violating the Foreign...more

Top Three FARA Exemptions to Know

With the Department of Justice (“DOJ”) giving increased attention to Foreign Agent Registration Act (“FARA”) enforcement, companies that have international business operations or otherwise deal with foreign governments and...more

Emerging Trend: DOJ Turns to Rarely Used FARA Statute in Recent Surge in Prosecutions

Earlier this year, the Assistant Attorney General for the National Security Division publicly confirmed the Department of Justice’s (“DOJ”) intention to make Foreign Agents Registration Act (“FARA”) a criminal enforcement...more

The U.S. Department of Justice Releases Updated Guidelines to Help Evaluate Corporate Compliance Programs

The U.S. Department of Justice (DOJ) has issued an update to the “Evaluation of Corporate Compliance Programs” released by the Fraud Section in 2017. ...more

Shift in DOJ Policy May Benefit Corporations and Individuals Under Investigation for Corporate Wrongdoing

In a shift in policy, Deputy Attorney General Rod Rosenstein announced on November 29, 2018, that the DOJ would relax certain policies, dating back to 2015...more

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