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Disgorgement of profits

Liu Limits SEC's Ability to Seek Disgorgement in Federal Securities Cases

In 2016, the SEC charged Charles Liu and Xin Wang with defrauding Chinese investors in a project that the couple falsely claimed met the requirements of the EB-5 Investment Program, which is subject to federal securities laws. Fifty investors paid ne… Read More
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Categories: Securities
Lorenzo v. SEC

Lorenzo v. SEC: Rule 10(b)(5) of the Securities Exchange Act

In March of 2019, the U.S. Supreme Court decided Lorenzo v. SEC, deciding that someone who is not a “maker” of a false statement can nonetheless be held liable under Rule 10(b) of the Exchange Act for knowingly disseminating a misstatement made b… Read More
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Categories: Securities
FBI and CSI agents - Federal criminal investigation concept

What to Expect in a Federal Criminal Case

Facing criminal charges in federal court is intimidating and scary. Any criminal case, and a federal criminal case, in particular, is complicated. It can be helpful and reassuring to understand how a criminal case works, and what to expect. If you be… Read More
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Two businessmen shake hands insider trading concept

Second Circuit Update on Insider Trading Cases

On January 11, 2021, the U.S. Supreme Court vacated a Second Circuit decision that had affirmed four convictions for insider trading. The Supreme Court recommended that the lower court reconsider its finding that confidential government information c… Read More
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SEC

An Analysis: SEC 2020 Financial Fraud Actions

On September 30, 2020, the Securities and Exchange Commission (SEC) closed its books on FY2020 and, on November 2, released its 2020 Annual Report. Analysts have begun reviewing SEC enforcement actions to reach conclusions about the types of financia… Read More
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2019 – WHITE COLLAR CASES REVIEWED

FEDERAL HEALTH CARE FRAUD – “Pill Mills,” Medicare “Anti-Kickback” Frauds This year, the U.S. Department of Justice brought charges against numerous doctors and health care professionals alleging illegal distribution of millions of opioids… Read More
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Supreme Court - Law Offices of Hope C. Lefeber

U.S. Supreme Court Holds No Pecuniary Benefit Necessary for Criminal Liability for Insider Trading

Today, the U.S. Supreme Court upheld the conviction of Balman, a Chicago grocery wholesaler, who received stock tips from a friend, who had received the inside information from Salman’s brother-in-law, an investment banker at Citigroup. The issue b… Read More
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Categories: Federal Law, Securities
Insider Trading - Law Offices of Hope C. Lefeber

Insider Trading Based on Third Hand Stock Tips?

On September 28, 2016, Amy Howe wrote on SCOTUSBlog about a troubling trend in the federal prosecution of insider-trading cases. Instead of going after high-profile Wall Street traders, federal prosecutors have been targeting recipients of third-hand… Read More
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Categories: Securities

3rd Circuit Upholds Conviction for Securities Fraud For Trading On Information Learned At Alcoholics Anonymous Meeting

A financial adviser who made more than $250,000 trading on insider information he got from a fellow Alcoholics Anonymous member failed in his bid to overturn his conviction by challenging the validity of the rule he violated. Timothy McGee, who was c… Read More
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Supreme Court Hears Arguments On Whether Police Need Search Warrant for Cellphones

In a major test of how to interpret the Fourth Amendment and privacy rights in the digital age, the Supreme Court heard arguments today about whether the police need warrants to search the cellphones of the people they arrest. The courts have long al… Read More
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