Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the post-Enron world, the SEC is ratcheting-up the stakes in many of its cases. With millions of dollars in increased funding and hundreds of additional staff, it is bringing more cases, seeking harsher penalties, and generally litigating more aggressively. If recent press releases are indicative, it is also increasingly coordinating its civil enforcement activities with criminal investigations by the Department of Justice. As one SEC district administrator stated in a recent newspaper interview: “People are looking for heads. And we're going after them.”
The SEC's ever growing prosecutorial assertiveness means that defense counsel in SEC civil actions need to compel the SEC — by negotiation or court motion — to produce impeachment evidence, ie, evidence that directly proves innocence (Brady material) and proof that undermines the evidence supporting the SEC's theory of the case (Giglio material – see Giglio v. United States, 405 U.S. 150 (1972)). Federal prosecutors are required to produce impeachment evidence during a criminal case, but the SEC does not readily produce it in a civil action, even though it is asking courts to impose crippling fines, order disgorgement of ill-gotten gains, and impose lifetime employment bans based upon allegations of fraud. Moreover, SEC civil proceedings often set up a criminal case, with its deposition transcripts becoming the roadmap for conviction. Thus, the same due process that compels disclosure of exculpatory evidence in criminal cases should apply in proceedings initiated by the SEC.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.