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Government Enforcement Exposed - "The GEE"
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20 Jan 2016 THE SUPREME COURT GRANTS CERTIORARI IN SALMAN

  Score one for the tea leaf readers. For the last past year, since the Second Circuit issued its watershed insider trading opinion in United States v. Newman, we have followed the fall-out from that decision and speculated whether the time was ripe for the Supreme Court to address this issue again. (See previous posts here.)  In the government’s petition for Supreme Court review, it argued that Newman gutted Dirks and created numerous negative consequences for the country’s financial markets.   Back in August, we suggested that the Court might choose not to grant certiorari in Newman because it appeared not to be an optimal vehicle for addressing whether insider trading can arise simply from a close family relationship between the insider and tippee.  We…

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06 Jan 2016 STARTING THE NEW YEAR WITH A CLEAN SLATE: INDIANA’S EXPUNGMENT STATUTE ENCOMPASSES SOME CIVIL FORFEITURES

  At the close of 2015, a divided Indiana Court of Appeals ruled that an individual with a civil forfeiture action that is related to a criminal conviction could seek to expunge not only the criminal records but the civil records based on the underlying conviction. This (albeit limited) development is important because of the increasing scrutiny on the use of civil forfeiture in the face of criticism over its inequities.  (See a previous Government Enforcement Exposed blog post on civil forfeiture here.)   Civil forfeiture actions often arise when the government locates money or items during an investigation or search based on alleged criminal activity. The case before the court was no exception.  In D.A. v. State of Indiana, D.A. sold cocaine to a…

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