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Regulation White Collar Crime

Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions

The Second Circuit's long-anticipated decision in United States v. Blaszczak limits the government’s ability to bring fraud or insider trading prosecutions where the information used to achieve an advantage is regulatory information held by the government. It also brings the Second Circuit in greater alignment with the Supreme Court’s wire fraud jurisprudence.

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On Dec. 27, 2022, the Second Circuit published its long-anticipated decision in United States v. Blaszczak, which had been argued more than 18 months earlier. The Circuit vacated defendants’ convictions on multiple counts arising out of a scheme to appropriate information regarding the Centers for Medicare & Medicaid Services’ reimbursement rates, which information the Court held was not “property” or a “thing of value” for purposes of the relevant statutes.

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