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On June 27, 2024, the U.S. Supreme Court issued a pivotal ruling in SEC v. Jarkesy that will significantly reshape securities enforcement. As outlined below, it already has. In a 6-3 decision, the Court ruled that the Securities and Exchange Commission’s (“SEC”) use of in-house tribunals to resolve securities fraud cases violated the U.S. Constitution, affirming a defendant’s right to

The U.S. Supreme Court continues to shape the landscape of criminal procedure through recent rulings that have far-reaching consequences. Three notable cases—U.S. v. Rahimi, McElrath v. Georgia, and Smith v. Arizona—highlight ongoing debates important to criminal defendants over the Second Amendment, plea bargains, and the confrontation clause. Each decision impacts how constitutional rights are interpreted and applied in the criminal

Pulsifer v. U.S. Recently, in Pulsifer v. United States, the Supreme Court clarified the interpretation of the safety valve provision under the First Step Act. The safety valve is designed to offer relief to first-time or low-level offenders by allowing the court to impose a sentence below the mandatory minimum, assuming the defendant has a limited criminal history and did

When the federal government launched financial aid programs during the COVID-19 pandemic such as the Paycheck Protection Program  (“PPP”) and the Economic Injury Disaster Loan Program (“EIDL”), many in the blogosphere and media predicted that South Florida, with its rich history of healthcare and many other fraudulent “get-rich-quick” schemes, would soon become the epicenter of COVID-19 fraud.  In 2022, the

Recent enforcement actions by the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) highlight the critical importance of adhering to the rules requiring firms to maintain and preserve required records of communications with clients. SEC Rule 17a-4 under the Securities Exchange Act of 1934 mandates that broker-dealers maintain and preserve records of communications, including electronic