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Editors’ Note: This is the fifth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed False Claims Act trends in 2020. Up next:  a look at the year ahead in cross-border compliance and sanctions. Look for additional posts throughout the month of January. 2019 marked the beginning of Maura Healey’s second term as Massachusetts Attorney General. So far, this term has seen…
On November 6, the U.S. Securities and Exchange Commission filed a civil complaint, captioned SEC v. Pierre, against a New York investment advisor for allegedly operating a multimillion-dollar Ponzi scheme. The SEC alleges that the defendant promised investors unreasonably high rates of return (20 percent every 60 days) and that he paid those investors, in the face of significant losses, with money from new investors. The defendant also allegedly defrauded investors out of hundreds…
The Supreme Court has granted certiorari to decide whether the U.S. Securities and Exchange Commission can seek and obtain disgorgement from a court as a remedy for a securities violation. A decision that the SEC does not have disgorgement authority would have significant consequences for litigants. In SEC v. Liu, a California District Court held that the defendants had defrauded Chinese individuals seeking to invest in a cancer treatment center to obtain visas under the…