Peter J. Henning (@peterjhenning) 's Twitter Profile
Peter J. Henning

@peterjhenning

Professor, Wayne State University Law School. Author, White Collar Watch on the New York Times DealBook & Securities Crimes (2d Ed.).

ID: 234161350

calendar_today05-01-2011 00:10:41

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Although prosecutors portray the college admissions case as one big conspiracy, it looks more like a classic hub-and-spoke agreement without a rim to tie it all together. nyti.ms/2L7wF7v

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It may be a bit of a "Hail Mary" pass, but the defense of Holmes and Balwani for what happened at Theranos is focusing more on misconduct by regulators than any effort to show good faith. nyti.ms/2VoEpXC

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Do fines and civil penalties have much of an effect on companies? They may claim that they do, but it's hard to see any real impact on their operations beyond a bad quarter. nyti.ms/2JmjcXN

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An interesting look by @waltpavlo at former FBI agent David Chaves, who was at the center of leaking in the Billy Walters insider trading investigation.

Peter J. Henning (@peterjhenning) 's Twitter Profile Photo

Federal prosecutors took a risk in using a RICO conspiracy charge against Insys executives, but the likely punishment will be substantial. Will this become the template for future prosecutions? nyti.ms/2Eqhuk8

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A bill passed by the House Financial Services Committee would finally codify the insider trading prohibition, and likely would expand the scope of what constitutes insider trading. nyti.ms/30H2mZf

Peter J. Henning (@peterjhenning) 's Twitter Profile Photo

Will the antitrust investigations of the big tech companies turn into a grand jury inquiry by the Justice Department? nyti.ms/2WM4oE3

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Judges usually grant a request by the Justice Department to stop civil discovery in a parallel SEC case, but not in the fraud case against Sunny Balwani involving Theranos. nyti.ms/2LsWQ7e

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Will the United States finally put an end to anonymous shell companies? There has been a push for over 10 years, but I suspect the likelihood of success is not very high. nyti.ms/2LPSneY

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Jeffrey Epstein's defense will do its best to keep his case out of court, pointing to the non-prosecution agreement as binding on the entire Justice Department. But with new victims coming forward, it will be a stretch. nyti.ms/2GiRCYh

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When it only takes the Second Circuit 3 weeks to decide the appeal, and then it's by a summary order, that doesn't indicate there were many tough issues in the case. nyti.ms/2Kh8kss

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The Foreign Corrupt Practices Act does not apply to foreign officials who accept bribes, but a bill in Congress seeks to hold them accountable. nyti.ms/2NhcDao

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The Economic Espionage Act is one of the more complicated statutes in the federal criminal code, and Anthony Levandowski can challenge the case by questioning whether he had the requisite intent. nyti.ms/2NTmZNL

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The Speech or Debate Clause in the Constitution only goes so far in protecting members of Congress. Insider trading is not one of those areas when the conduct does not involve any legislative action. nyti.ms/2OsYkjj

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Not since the Princeton Newport case in the mid-1980s have we seen RICO charges filed for trading on Wall Street. Now it's back! nyti.ms/2pPu3Rs

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A federal judge overturning a jury verdict is a rare sight, but in the Platinum Partners case charges against one defendant were dismissed for lack of evidence and a new trial ordered for the second defendant. This isn't something you see very often. nyti.ms/2X8mVML

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The Supreme Court may cut back on the SEC's strong weapon in fraud cases: disgorgement. We will see what happens in the Liu case. nyti.ms/2q180rx

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Some thoughts on how 2020 will shape up in the white-collar crime world. Will the Senate pass the legislation the House adopted defining insider trading? nyti.ms/2FPdcTG