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Leasing Fraud
In its recent decision in SEC v. Apuzzo, No. 11-696-CV, 2012 WL 3194303 (2d Cir. Aug. 8, 2012), the U.S. Court of Appeals for the Second Circuit held that to prevail on a claim of aiding and abetting securities fraud under ' 20(e) of the Securities and Exchange Act of 1934, 15 U.S.C. ' 78t(e), the Securities and Exchange Commission (“SEC”) need not demonstrate that the defendant's conduct proximately caused the primary violation. The decision clarifies the “substantial assistance” requirement underlying ' 20(e) claims in a manner that significantly bolsters the SEC's ability to bring successful enforcement actions against those charged with playing a supporting role in securities law violations.
Background
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.