Professor, Wayne State University Law School. Author, White Collar Watch on the New York Times DealBook & Securities Crimes (2d Ed.). MichiganJoined January 2011
Some thoughts on how 2020 will shape up in the white-collar crime world. Will the Senate pass the legislation the House adopted defining insider trading? nyti.ms/2FPdcTG
A federal judge overturning a jury verdict is a rare sight, but in the Platinum Partners case charges against one defendant were dismissed for lack of evidence and a new trial ordered for the second defendant. This isn't something you see very often. nyti.ms/2X8mVML
The Speech or Debate Clause in the Constitution only goes so far in protecting members of Congress. Insider trading is not one of those areas when the conduct does not involve any legislative action. nyti.ms/2OsYkjj
The Economic Espionage Act is one of the more complicated statutes in the federal criminal code, and Anthony Levandowski can challenge the case by questioning whether he had the requisite intent. nyti.ms/2NTmZNL
The Foreign Corrupt Practices Act does not apply to foreign officials who accept bribes, but a bill in Congress seeks to hold them accountable. nyti.ms/2NhcDao
When it only takes the Second Circuit 3 weeks to decide the appeal, and then it's by a summary order, that doesn't indicate there were many tough issues in the case. nyti.ms/2Kh8kss
Jeffrey Epstein's defense will do its best to keep his case out of court, pointing to the non-prosecution agreement as binding on the entire Justice Department. But with new victims coming forward, it will be a stretch. nyti.ms/2GiRCYh
Will the United States finally put an end to anonymous shell companies? There has been a push for over 10 years, but I suspect the likelihood of success is not very high. nyti.ms/2LPSneY
Judges usually grant a request by the Justice Department to stop civil discovery in a parallel SEC case, but not in the fraud case against Sunny Balwani involving Theranos. nyti.ms/2LsWQ7e
A bill passed by the House Financial Services Committee would finally codify the insider trading prohibition, and likely would expand the scope of what constitutes insider trading. nyti.ms/30H2mZf
Federal prosecutors took a risk in using a RICO conspiracy charge against Insys executives, but the likely punishment will be substantial. Will this become the template for future prosecutions? nyti.ms/2Eqhuk8
An interesting look by @waltpavlo at former FBI agent David Chaves, who was at the center of leaking in the Billy Walters insider trading investigation.
Do fines and civil penalties have much of an effect on companies? They may claim that they do, but it's hard to see any real impact on their operations beyond a bad quarter. nyti.ms/2JmjcXN
It may be a bit of a "Hail Mary" pass, but the defense of Holmes and Balwani for what happened at Theranos is focusing more on misconduct by regulators than any effort to show good faith. nyti.ms/2VoEpXC
Although prosecutors portray the college admissions case as one big conspiracy, it looks more like a classic hub-and-spoke agreement without a rim to tie it all together. nyti.ms/2L7wF7v
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