A Second Circuit panel's decision in 2019 in United States v. Blaszczak, 947 F.3d 19 (2d Cir. 2019), held that a government agency's confidential information can constitute "property" for purposes of federal criminal fraud statutes.
Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading
The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.

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