February 14, 2023
The Second Circuit’s December 2022 decision in United States v. Blaszczak may help bolster client defenses in insider trading and fraud prosecutions. In a recent front-page article in the New York Law Journal, white-collar defense counsel Jim Roberts explores how defense counsel can use Blaszczak to undermine the government’s theories of criminal liability. He also considers the impact of Blaszczak on traditional notions of “property” in fraud prosecutions, the insider-trading “personal benefit” test, and whether a securities fraud statute included in Sarbanes-Oxley will be used more often to prosecute insider-trading cases.
Jim’s NYLJ article is linked here.