Editor’s Note: The NYU Law Program on Corporate Compliance and Enforcement is following the Supreme Court’s recent decision in Dubin v. United States, in which it circumscribed the application of the aggravated identity theft statute, 18 U.S.C. § 1028A. In this post, former federal prosecutors and current defense attorneys react to the decision.
Tag Archives: Brian Jacobs
Experts React to Supreme Court Decisions on Honest Services Fraud and the “Right to Control” Theory
Editor’s Note: The NYU Law Program on Corporate Compliance and Enforcement (PCCE) is following the recent U.S. Supreme Court decisions in Percoco v. United States and Ciminelli v. United States, which narrow the scope of honest services fraud and eliminate the so-called “Right to Control” theory in federal fraud cases, respectively. Together, these two cases continue a trend of circumscribing the federal government’s ability to prosecute domestic public corruption in the United States. In this post, white dollar defense attorneys and former prosecutors provide their reactions to these cases.
White Collar Defense Attorneys React to DOJ and SEC Enforcement Actions for Misuse of 10b5-1 Plans
Editor’s Note: Recently, both the DOJ and the SEC brought, for the first time ever, criminal and civil insider trading charges against a corporate executive for his alleged fraudulent misuse of a 10b5-1 trading plan, which typically allows corporate insiders to pre-schedule sales of company shares to avoid accusations of insider trading. In this post, several former federal prosecutors and white collar defense attorneys provide their reactions to this case and its implications for future insider trading cases.