Securities Crimes, 2d is written with Marvin G. Pickholz, Peter J. Henning, and Jason R. Pickholz, who are among the leading practitioners and academics in the field of securities law. Their treatise provides a thorough review of the application of the securities laws and other criminal statutes in prosecutions, along with in-depth consideration of how the law is applied in civil enforcement proceedings.
The growing enforcement of the securities laws through criminal prosecution has made this into one of the leading areas in white-collar crime, and today almost every major law firm is involved in defending individuals and corporations caught up in investigations and enforcement proceedings. There has been a significant expansion in the number of prosecutors and SEC attorneys devoted to enforcement, and recent cases have seen the development of new investigative techniques.
Securities Crimes, 2d reviews both the substance of the securities laws and the procedures employed by federal prosecutors and the SEC in pursuing possible violations of the law in securities-related transactions and corporate governance and reporting.
The Treatise analyzes:
- How the securities laws, most importantly the antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934, have been applied by courts
- Related criminal provisions frequently employed in securities case are considered, including RICO, mail and wire fraud, money launderings, perjury, and obstruction of justice
- The enforcement aspects of the Trust Indenture Act and the Investment Advisers Act
- New developments in the investigation of securities violations, including the use of wiretaps and consensual recordings that are emblematic of increased aggressiveness in the investigation of securities offenses
- Use of whistleblowers and the use of new investigative techniques are harbingers of further expansion in this field
- The new whistleblower program adopted by the SEC that allows payments of between 10% and 30% of any recovery over $1 million, including the forms necessary for pursuing a whistleblower disclosure
- Parallel proceedings, internationalization of securities crimes, and the Federal Sentencing Guidelines
- Internationalization of securities crimes
Securities Crimes, 2d includes extensive primary material in its Appendix that will be of use to practitioners. Among the items available are forms used in securities investigations, documents related to criminal prosecutions and civil enforcement actions, and international agreements and memorandum of understanding between the SEC and foreign regulators. These are a particularly valuable resource by bringing together in one place a range of material that can help counsel to expeditiously represent a client in a complex securities matter.
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