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When Is a Promise Enough?: Contractual Duties and Insider Trading
Telemachus P. Kasulis
Two criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.
Features
Second Circuit Upholds Title 18 Insider-Trading Conviction Where Title 15 Elements Not Established
Matthew D. Feil
&
Andrew M. Serrao
Will Prosecutors Take Advantage? The recent decision in United States v. Blaszczak may signal a change in how prosecutors in the Second Circuit, and perhaps in other jurisdictions, pursue insider-trading cases.
Columns & Departments
Business Crimes Hotline
ssalkin
Former Barbados Government Official Convicted on U.S. Money Laundering Charges Following Insurance Company of Barbados FCPA Settlement
Columns & Departments
In the Courts
Juliet Gunev
UK Founder of Swiss Asset Management Firm Pleads Guilty in $164 Million Global Securities Fraud Scheme
Features
Challenge to SEC's Disgorgement Authority Reaches Supreme Court
Jodi Misher Peikin
&
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.
Features
Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
Robert J. Anello
&
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.
Features
When to Involve a Forensic Accountant in Your White-Collar Criminal Case
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.
Columns & Departments
In The Courts
Juliet Gunev
Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts
Features
Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions
Paige Ammons
&
Preston Burton
In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however
Features
Supreme Court's October Term 2018 Contains Hints of Things to Come
Harry Sandick
&
Tara Norris
Part Two of a Two-Part Article In Part One of this article last month, we discussed several of the key business crimes cases from the recently concluded October Term 2018. We resume this discussion in Part Two of our article and offer some concluding thoughts about where the Court may go next in the years to come.
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