Disgorgement after SEC v. Govil

DOJ Corporate Whistleblower Program

New case alert: US v. Alladawi - a case incorporating the Ciminelli right-to-control theory to find a defendant not guilty.

The 9th Circuit last week released its opinion in United States v. Milheiser, 16-CR-00076, in which the Court overturned six convictions of defendants who had been convicted of mail fraud and conspiracy to commit mail fraud arising from the defendants’ sales companies’ aggressive tactics in selling printer toner. The 9th Circuit adopted the “benefit of the bargain” theory of wire fraud, under which individuals cannot be convicted of wire fraud if the alleged victims received the “benefit of the bargain,” even if they were induced to make a purchase through misrepresentations.

Prosecutors frequently argue that 18 USC 1348 (Title 18 securities fraud) has a lower materiality standard than Title 15 securities fraud (10b-5). This blog post argues that there is little reason for courts to impose a lower materiality standard for the same conduct.

Dynamis fights on behalf of victims of “big butchering” in the crypto space - this time taking on Binance.

Dynamis attorney Eric Rosen defeated the DOJ in a motion to dismiss the Indictment in the “Atlas Trading” case

Dynamis attorneys secured the dismissal of the Indictment in the "Atlas Trading" securities fraud case in the Southern District of Texas. Dynamis attorneys drafted the briefs and led the fight to obtain dismissal of the Indictment.

Read Dynamis’ analysis as to whether the Electronic Fund Transfer Act (“EFTA”) applies to crypto transfers.