The U.S. Securities and Exchange Commission recently charged an investment adviser with illegal allocation of trades based on statistical results, implying that statistically eliminating chance for certain profitable trades proves a fraudulent motive. However, that is not always the case, and one should not base “intent” on statistical analyses. Click the link below to read the Law360 guest column by Tiago Duarte-Silva and Nicolas Morgan.
New DOJ guidelines focus the fight against white-collar crime
Concurrently, the DOJ has updated its Corporate Enforcement Policy (CEP), providing guidance on how self-disclosure, cooperation, and remediation efforts can...