Analysis of cutting-edge securities industry issues
State securities regulators are going after investment adviser firms with a vengeance, including, but not limited to, seeking prison time for those who violate the their securities laws.
A recent NASAA report…
Continue Reading Investment Advisers Wary of State Civil and (Gulp!) Criminal Action
Accountants beware – prison lurks.
Recently, a certified public accountant and auditor was sentenced to 54 months in prison for his role in a nearly half-billion dollar investment scam that impacted…
Continue Reading How Do Accountants Look in Prison Stripes? You Do Not Want to Find Out
Self-reporting possible wrongdoing impacts SEC investigations, and effects even the determining of penalties.
Essentially, entities would receive credit for this self-reporting, and, according to reports by the SEC, the credit…
Continue Reading Self-Reporting Impacts SEC Investigation Attitude
The Second Circuit ruled that the First Amendment trumps the federal government’s enforcement off-label marketing prohibitions. The decision could change the face of pharmaceutical compliance and limit criminal, regulatory, and civil exposure to government and private plaintiffs.
Continue Reading Game Changing Off-Label Marketing Decision Has Implications for Related Securities Lawsuits
With the east coast in the midst of Hurrican Sandy, I am sure we are all thinking about a nicer place right now. Apparently, the Seventh Annual National Institute on
…
Continue Reading ABA Seventh Annual National Institute on Securities Fraud
We have repeatedly blogged about government investigations. Moreover, regardless of the election results, government investigations will continue. Further, these governement investigations take on a life of their own and almost always encompass several different…
At least, they can the health care and environmental arenas. Under the responsible corporate officer (RCO) doctrine, the ability to control corporate conduct is sufficient to hold officers criminally liable…
One of the major issues an investor, who happens to be a victim of a ponzi scheme faces, is what is the proper measure of recovery, if any recovery is…
We wanted to share with you a great article co-authored y one of our partners, Alain Leibman, along with our colleague, Jana Volante. The article’s title is “Attacking Eyewitness Identification Testimony, in…
Continue Reading Great Criminal Law Submissions by Our Fox Colleagues
Recently, the SEC announced that it would take steps to bar felons and bad actors from any Regulation D offering.
This rule was mandated by the Dodd-Frank Act, and the…
Continue Reading No More Felons and Other Bad Guys in Regulation D Offerings
