Dodd-Frank significantly added to the weapons available to the SEC. New provisions extended its authority to bring actions based on aiding and abetting while lowering the proof requirements to recklessness. Collateral bars were added and a provision making civil penalties …

THE SEC AND RETROACTIVITY: A QUESTION OF FAIRNESS Read More »

Victims in federal criminal cases typically get restitution. After an SEC case they may get payments from a fair fund. Not in FCPA cases. In FCPA cases the billions of dollars DOJ and the SEC now collect annually in settlements …

AN FCPA MOTION THAT MAY ALTER SETTLEMENT PROCEDURES Read More »