Category Archives: Securities fraud

SEC Charges Firm with Not Snitching Enough

Regular readers of this blog know that I resent when the government forces private industry do the government’s job. Internal investigations are a good example. Companies spend millions conducting them into possible wrongdoing—hoping for leniency—and then turn over the results … Continue reading

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Like DOJ, the SEC Has Trouble with Misleading Press Releases

I’ve written before about the fundamental unfairness of the Department of Justice’s practice of issuing press releases touting indictments but not issuing press releases when the charges are dismissed or the defendant acquitted. It looks like the SEC has the … Continue reading

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Fight the Power, Part III: The David Ganek Complaint

In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel’s efforts to use DOJ’s very public … Continue reading

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | 1 Comment

Only in Texas: Civil Securities Fraud Claims Dismissed but Criminal Charges Head to Trial

Warren “Ken” Paxton, Jr. is the attorney general of Texas. He’s had some ups and downs this week, to be sure. On Friday, October 7, 2016, the Eastern District of Texas dismissed all of the securities charges filed by the … Continue reading

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The SEC’s Right to a Jury Trial

We usually think about the right to a jury as one for a defendant facing charges. But it’s worth remembering that agencies are people too. Well, at least when it comes to the right to a jury trial in a … Continue reading

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That Time the SEC Got It Right

The NewYorker recently published an interesting article, “Why the SEC Didn’t Hit Goldman Sachs Harder.” The article posits that the SEC let individual executives on Wall Street off the hook for securities fraud after the financial crisis. The article offers … Continue reading

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A Groovy Decision by Fifth Circuit Gives Corporate Executives a Second Chance Based on Evidentiary Mistakes at Trial

The Fifth Circuit handed two corporate executives at a medical device company a big win recently. I’ve posted in the past about the indictments and trial of two former executives at ArthroCare, Michael Gluk and Michael Baker. They were found … Continue reading

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The Problem With Perks – SEC Cracks Down on Disclosure of Executive Compensation

There’s no question that corporate executives enjoy certain perks. They come with the job, right? The government can’t outlaw corporate perks, but the SEC has cracked down on the proper disclosure of them. It recently sued the former CEO of … Continue reading

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The Opening Statement for this Prosecution Writes Itself: The Indictment of Massey Energy CEO

As a general rule, the government does not indict CEOs of big companies. No one really wants to say that out loud—at least on the government’s side of the aisle—but it’s true. It is usually difficult for the government to … Continue reading

Posted in Conspiracy, Obstruction, Securities fraud, Uncategorized | Tagged | 2 Comments

The First-Ever Prosecution for “Spoofing”

Definition: Spoof Noun a mocking imitation of someone or something, usually light and good-humored; lampoon or parody; 2. a hoax; prank. Verb to mock (something or someone) lightly and good-humoredly; kid; 4. to fool by a hoax; play a trick … Continue reading

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