Insider trading prosecutions have been around for decades and in the simplest terms, are understandable: don’t trade (or tip) if you have confidential information that could affect market pricing. Simple, right? As it turns out, conduct that could be deemed illegal...
white collar
Department of Justice Announces Charges in First Ever Cryptocurrency Insider Trading Tipping Scheme
On July 21, 2022, the Department of Justice announced charges against a former Coinbase employee in connection with the first ever cryptocurrency insider trading tipping scheme. According to the DOJ, the employee, his brother, and a friend were part of “a scheme to...
How Will the Ninth Circuit’s Decision in United States v. Yates Impact the Future of Federal Fraud Prosecutions?
Beginning in March 2020, the Supreme Court and the Ninth Circuit have decided several significant fraud cases clarifying the contours and applicability of the federal fraud statutes. First, the Ninth Circuit decided United States v. Miller, holding that wire fraud...
Securities & Exchange Commission v. Ripple Labs Inc.: The Case That May Decide the Fate of Cryptocurrency
Introduction Between Reddit’s populist uprising (and eventual win) against Wall Street execs, Spike Lee’s starring role in a Coin Cloud commercial, and Dogecoin co-founder’s announcement that crypto is a scam, cryptocurrency is a hot topic. Among the many...
Quarterly Update: How California and the Federal Government Have Addressed Mass Incarceration, COVID-19, and Gun Violence
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
Supreme Court’s Holding in “Bridgegate” Clarifies the Use of the Federal Fraud Statutes to Address Political Corruption
New Jersey may be the home of The Boss and Bon Jovi, but the Garden State is notorious for another reason: its history of political corruption. Maybe that’s why people weren’t surprised when then-governor Chris Christie’s administration was thrust into the national...
What Does the Ninth Circuit’s Holding in Miller Mean for Wire Fraud Prosecutions?
On March 20, 2020, the Ninth Circuit ruled in United States v. Miller, 2020 WL 1317275 (9th Cir.) that wire fraud requires the intent to deceive and to cheat, i.e., to deprive a victim of money or property by means of deception, overruling United States v....