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On Jan. 17, 2017, 10 investment advisory firms were sanctioned by the Securities and Exchange Commission (SEC) for violations of the so-called “pay-to-play” prohibition of the Investment Advisers Act Rule 206(4)-5 (http://bit.ly/2mGR461) (the Rule). The firms accepted fees from public pension funds within two years of the firms’ associates making campaign contributions to individuals with potential influence over the funds (SEC Release 2007-15). The firms agreed to censure, cease and desist, and fines up to $100,000 despite the lack of connection between the contributions and any action by a public official.
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Challenge to SEC’s Disgorgement Authority Reaches Supreme Court
By Jodi Misher Peikin and Jacob Mermelstein
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
By Robert J. Anello and Richard F. Albert
In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court’s notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
When to Involve a Forensic Accountant in Your White-Collar Criminal Case
By Sareena Malik Sawhney
Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.
By Juliet Gunev
Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts
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