As discussed more fully in our alert when Blaszczak I was issued, the crux of this case was that four individuals were charged with and convicted of an alleged scheme to obtain nonpublic information from the Centers for...more
1/27/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Dirks v SEC ,
Insider Trading ,
Kelly v United States ,
Legal History ,
Material Nonpublic Information ,
Medical Reimbursement ,
Personal Benefit ,
Property Ownership ,
Remand ,
Tippers ,
Vacated
In recent years, the U.S. Supreme Court has narrowed the scope of various federal criminal fraud statutes. For example, in McDonnell v. United States, the Court overturned the honest services fraud conviction of the former...more
12/23/2022
/ Bid Rigging ,
Bribery ,
Chris Christie ,
Construction Industry ,
Criminal Code ,
Criminal Convictions ,
Fraud ,
Government Officials ,
Insider Trading ,
Right to Control ,
SCOTUS ,
Wire Fraud
Significant parallel actions commenced this week by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) bring crypto fraud enforcement into the spotlight, with the SEC alleging that multiple...more
7/25/2022
/ Coinbase ,
Criminal Prosecution ,
Cryptoassets ,
Department of Justice (DOJ) ,
Digital Wallets ,
Enforcement Actions ,
Ethereum ,
Howey ,
Illegal Tipping ,
Indictments ,
Insider Trading ,
Material Nonpublic Information ,
Proposed Rules ,
Rule 10(b) ,
Rule 10b-5 ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Tokens ,
Securities Violations
For the first time since the Supreme Court’s 1983 decision in Dirks v. SEC, the United States Court of Appeals for the Second Circuit affirmed an insider trading conviction without proof of a personal benefit to the insider...more
On June 25, 2018, a divided panel of the United States Court of Appeals for the Second Circuit reaffirmed the insider trading conviction of a hedge fund portfolio manager in United States v. Martoma on different grounds from...more
Welcome to the 2017 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team.
The purpose of this report is to provide a periodic survey of matters we believe to be of interest...more
On October 25, 2017, the Hedge Fund Industry Practice Team hosted an event at the New York Yacht Club titled "Chair Clayton's Impact at the SEC." Hedge fund professionals, including general counsels, hedge fund principals and...more
On Aug. 23, 2017, the United States Court of Appeals for the Second Circuit issued a split decision in United States v. Martoma, upholding a portfolio manager’s insider trading conviction and finding that a tippee need not...more
9/13/2017
/ Criminal Prosecution ,
Dirks v SEC ,
Illegal Tipping ,
Insider Trading ,
Personal Benefit ,
SCOTUS ,
Securities Violations ,
Tippees ,
Tippers ,
US v Newman ,
US v Salman
Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team.
The purpose of this report is to provide a periodic survey – in addition to our Practice Team...more
7/31/2017
/ Broker-Dealer ,
CFTC ,
Commodities ,
Dodd-Frank ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Hedge Funds ,
Insider Trading ,
Internal Reporting ,
Investment Adviser ,
Kokesh v SEC ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
SLUSA ,
Whistleblower Protection Policies ,
Whistleblowers
Welcome to the 2016 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team.
The purpose of this Report is to provide a periodic survey, apart from our team Executive...more
2/1/2017
/ Broker-Dealer ,
CFTC ,
Commodities ,
Conflicts of Interest ,
Dodd-Frank ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Foreign Corrupt Practices Act (FCPA) ,
Futures ,
Hedge Funds ,
Insider Trading ,
Investment Adviser ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
SLUSA ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
Welcome to the 2015 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we...more
2/25/2016
/ Corporate Counsel ,
Dodd-Frank ,
Foreign Corrupt Practices Act (FCPA) ,
Halliburton v Erica P. John Fund ,
Hedge Funds ,
Insider Trading ,
Libor ,
RMBS ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
US v Newman ,
US v Salman ,
Whistleblowers
Welcome to the 2015 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we...more
8/5/2015
/ 401k ,
Administrative Procedure Act ,
Bank of New York (BNY) Mellon ,
Broker-Dealer ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Conflicts of Interest ,
Cybersecurity ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Duty to Monitor ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
False Statements ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Form 10-Q ,
Futures ,
Hedge Funds ,
Insider Trading ,
Interest Rates ,
Investment Adviser ,
KBR (formerly Kellogg Brown & Root) ,
Libor ,
Loss Causation ,
Merrill Lynch ,
Omnicare v Laborers District Council ,
OMWI ,
Pensions ,
Perez v Mortage Bankers Assoc ,
Popular ,
Registration Statement ,
Regulation SHO ,
RICO ,
RMBS ,
Scienter ,
SCOTUS ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
SLUSA ,
Stocks ,
Tibble v Edison Int ,
Tippees ,
UK ,
US v Newman ,
Whistleblowers
In This Issue:
- I. Supreme Court Cases Review
- II. Securities Law Cases
- III. Insider Trading Cases
- IV. Settlements
- V. Investment Adviser and Hedge Fund Cases
- VI. CFTC Cases and...more
2/10/2015
/ CFTC ,
Compliance ,
Enforcement ,
Enforcement Actions ,
Financial Institutions ,
Hedge Funds ,
Insider Trading ,
Investment Adviser ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Tolling
In a closely followed appeal, the United States Court of Appeals for the Second Circuit on December 10, 2014, delivered an important decision in United States v. Newman by vacating the insider trading convictions of two...more
Welcome to the 2014 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. Its purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we...more
7/31/2014
/ Banking Sector ,
Banks ,
CFTC ,
Commodities ,
Deferred Prosecution Agreements ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Enforcement Actions ,
FIfth Third Bancorp v Dudenhoeffer ,
Financial Institutions ,
Futures ,
Halliburton v Erica P. John Fund ,
Hedge Funds ,
Insider Trading ,
Investment Adviser ,
Investment Funds ,
Municipal Securities Issuers ,
Publicly-Traded Companies ,
Risk Alert ,
SCOTUS ,
Securities ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Stock Drop Litigation ,
Whistleblower Awards