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Legendary investor Warren Buffet famously said, “only when the tide goes out do you discover who has been swimming naked.” In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. The Securities and Exchange Commission (SEC) in particular has made clear that it thinks everyone in the crypto pool is swimming without their trunks. Ironically, while the SEC and the Commodity Futures Trading Commission (CFTC) have brought a great deal of enforcement actions, they also have loudly disagreed with each other over who has jurisdiction, i.e., which digital assets are securities and which are commodities. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
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DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs
By Fotis Konstantinidis, Michael Pace and Jason Wright
This article explains the DOJ’s recent emphasis on robust data analytics in anti-corruption compliance programs, outlines how data analytics can and should be used in these programs, and suggests an approach to help legal counsel and companies determine if corporate programs will pass muster with the DOJ.
White-Collar Practitioners Weigh In On Defending Trump Indictments
By Brad Kutner
They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they’re running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin’s ALM sibling The National Law Journal have some ideas.
SCOTUS: Courts Should Avoid Assigning ‘Breathtaking’ Scope to White-Collar Crime Statutes
By Robert J. Anello and Richard F. Albert
The Supreme Court’s Dubin decision is another worthy entrant in the long running series of SCOTUS decisions applying judicial restraints where prosecutors seem unable to restrain themselves.
FTC and DOJ Proposed Merger Guidelines Eye Effect On Competition
By Maydeen Merino
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed merger guidelines that reflect the Biden administration’s aggressive enforcement approach to corporate acquisitions that considers not only their effect on competition but on the labor market, antitrust attorneys said.
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