3 common ways the SEC uncovers illegal insider trading
In theory, the securities market should be a level playing field that offers no advantages to anyone. In practice, though, that may not be the case. Individuals who owe a fiduciary duty to someone else may use private information to buy or sell securities. This...
Ethics spotlight: The impact of the FCPA in Mexico
Those who do business in other countries have almost always had to balance the professional ethical environments of the two markets. Organizations often do not play by the same rules in foreign countries as they do in the United States — neither in theory nor in...
Supreme Court Limits SEC’s Ability to Recoup Profits from Fraud
On June 22, 2020, The Supreme Court affirmed the Securities and Exchange Commission’s (“SEC’) ability to force defendants to forfeit money acquired through wrongdoing, but placed new limits on its disgorgement practice. The Supreme Court held in an 8-to-1 decision...
Bankruptcy Fraud: New Wave of Prosecutions
The affect of the COVID-19 pandemic has undoubtedly disrupted businesses across the nation and has caused financial instability, which will lead to an unprecedented amount of bankruptcy filings. It is foreseeable that there will also be an uptick in bankruptcy fraud...
The FIRREA Whistleblower
Whistleblowers can bring claims under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”) pursuant to a companion statue, the Financial Institutions Anti-Fraud Enforcement Act. FIRREA imposes civil penalties if the government can prove,...
Market Manipulation/Fraud with FINRA on the Beat
The Financial Industry Regulatory Authority (“FINRA”) has seen a significant rise in market manipulation alerts and fraud reports during the COVID-19 pandemic. FINRA is working on improving coordination and transparency in its enforcement efforts as well as its use...
Reviewing the anti-kickback safe harbor for space rentals
As a healthcare provider in Houston, you understand that your conduct is often highly scrutinized in order to ensure that no one is making attempts to influence your practices or judgments. You might think that the regulations governing activity that some may view as...
Opinion: Make the independent police oversight board actually independent
Houston Chronicle Opinion Houston will benefit by embracing an effective, strong and visible Independent Police Oversight Board that keeps its police department accountable to the people. Accountability and transparency are necessary to maintain a responsive police...
Who is covered by the FCPA?
If you are one of the many people who have ever heard news stories about allegations relating to foreign corruption, you may wonder what laws are in place regarding these things. Since 1977, the United States has utilized the Foreign Corrupt Practices Act in an...
COVID FRAUD UPDATE: Hollywood Film Producer Charged with COVID-19 Fraud
A Hollywood producer is the latest in a string of arrests made in the U.S. Justice Department’s efforts to locate and prosecute COVID-19 fraud. William Sadleir of Beverly Hills is accused of making false statements on his Payroll Protection Program application and...
