As news stories about AI have surged, so have enforcement actions by the SEC alleging fraudulent statements about AI capabilities....more
11/8/2024
/ Anti-Fraud Provisions ,
Artificial Intelligence ,
Cease and Desist ,
Civil Monetary Penalty ,
Compliance ,
Disgorgement ,
Enforcement Actions ,
False Statements ,
Investment Adviser ,
Misleading Statements ,
Misrepresentation ,
Offerings ,
Permanent Injunctions ,
Prejudgment Interest ,
Regulatory Agenda ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
Liu v. Securities and Exchange Commission, the U.S. Supreme Court decision this week affirming the SEC’s right to seek disgorgement, displayed a striking consensus on the securities regulatory agency’s ability to seek...more
6/26/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Summary: Deferred prosecution agreements have been widely used by US prosecutors since the early 2000s. Prosecutors in the UK and France only obtained this power in 2014 and 2016 respectively – but they are making up for...more
4/13/2018
/ Anti-Bribery ,
Anti-Corruption ,
CJIP ,
Compliance ,
Corporate Crimes ,
Criminal Investigations ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
France ,
Non-Prosecution Agreements ,
Serious Fraud Office (SFO) ,
UK ,
UK Bribery Act
A five-year statute of limitations applies to actions by the Securities and Exchange Commission for disgorgement, the U.S. Supreme Court ruled today. The decision imposes a significant new limit on the SEC’s ability to seek...more
Enforcement of the Foreign Corrupt Practices Act (FCPA) remained a high priority for the Department of Justice and the Securities and Exchange Commission in 2016, resulting in more than 50 combined enforcement actions, record...more
2/8/2017
/ Books & Records ,
Chief Compliance Officers ,
Declination ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Enforcement Statistics ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Securities and Exchange Commission (SEC) ,
Successor Liability ,
Voluntary Disclosure ,
Whistleblowers
Breaking new ground, the Department of Justice (DOJ) recently issued two “declinations with disgorgement” to two companies accused of Foreign Corrupt Practices Act (FCPA) violations. These declinations, released under the...more
A federal appellate court recently held that the five-year statute of limitations in 28 U.S.C. § 2462 applies to actions by the Securities and Exchange Commission for declaratory relief and disgorgement. The decision extends...more
So you want to use the government’s EB-5 Immigrant Investor Program (“EB-5 Program”) to raise cash? Be aware that the SEC will be looking over your shoulder to determine whether you are acting as an unregistered broker-dealer...more