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White Collar Cases To Watch In 2019

01.01.19

Partner David Chaiken was quoted in a Law360 article titled, “White Collar Cases To Watch In 2019.” In the article, which focused in part on DOJ’s increasing use of 18 U.S.C. § 1348, the Sarbanes-Oxley securities fraud statute, to prosecute criminal insider trading cases even though it had not been used much since its enactment, he noted, “The more that statute is litigated, and the more its application is developed through case law, the more it will embolden other prosecutors to use it.” Further, he pointed out that prosecutors use a mix of different statutes, including 18 U.S.C. § 1348, in such cases. Asked about a recent insider trading case involving information leaked from the Centers for Medicare & Medicaid Services, he noted, “That is a good example of prosecutors being creative in charging the same conduct in different ways to provide insurance against attacks on particular convictions later.”
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