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White-collar crime

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US Tenth Circuit holds SEC can apply antifraud provisions extraterritorially in certain situations

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By Seth Kruglak (US) on March 1, 2019

One trend running through recent U.S. Supreme Court decisions is a sense of caution in expanding the scope of U.S. law to extraterritorial activities.  To that end, the Court has instructed that a statute does not apply extraterritorially unless the…

Findings of Fraud Constitute “Other Good Reason” to Order Security for Costs

Photo of Erika Anschuetz
By Erika Anschuetz on December 11, 2018

Hung v Ontario Securities Commission, 2018 ONSC 6729 (Div Ct)

The Divisional Court has released yet another chapter in the saga of one of the largest frauds in Canadian history.  In 2017, after a 188-day merits hearing, the Ontario…

Crime Doesn’t Pay: OSC Permanently Bans Convicted Fraudster

By NRF Digital Team on December 6, 2018

On November 26, 2018, the Ontario Securities Commission (OSC) issued an order permanently prohibiting Daniel Reeve, a financial planner based in the Kitchener, Ontario area, from participation in Ontario’s capital markets, including trading in any securities and becoming…

Re Fauth: A Primer on ss. 75(1)(a), 92(4.1) and 93(b) of Alberta’s Securities Act

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By Steven Leitl, QC & Aditya Badami on November 21, 2018

The Alberta Securities Commission (ASC) recently released its decision in the matter of Re Fauth, finding the respondent, Vernon Ray Fauth (Fauth), in breach of ss. 75(1)(a), 92(4.1) and 93(b) of Alberta’s Securities Act…

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DOJ provides additional insight on compliance and investigations matters

Photo of Kevin J. Harnisch (US)Photo of Ilana Beth Sinkin (US)Photo of Keith M. Rosen (US)Photo of Paul Sumilas (US)Photo of Vijay Rao
By Kevin J. Harnisch (US), Ilana Beth Sinkin (US), Keith M. Rosen (US), Paul Sumilas (US) & Vijay Rao on November 13, 2018

On October 25, 2018, John Cronan, Principal Deputy Assistant Attorney General of the Criminal Division of the US Department of Justice (DOJ), delivered an important speech that touched on several key issues for legal and compliance counsel trying to balance…

Even “Small Frauds” May Warrant the Imposition of Significant Sanctions by Securities Regulators

Photo of Peter Tae-Min Choi
By Peter Tae-Min Choi on October 16, 2018

In Re Davis, 2018 BCSECCOM 284, the British Columbia Securities Commission upheld permanent market prohibitions against Mr. Davis who committed fraud on one investor in the aggregate amount of (only) $7,000.

Background

Mr. Davis, who was never registered…

Ontario Court Imposes Custodial Sentence for Securities Act Offences

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By Ted Brook on October 10, 2018

The Ontario Superior Court of Justice has released what appears to be the final chapter in the Ontario Securities Commission’s (OSC) prosecution of Daniel Emerson Tiffin and Tiffin Financial Corporation.

Background

In July 2014, the Ontario Securities Commission’s…

Stay of proceedings based on AMF failings in its disclosure of evidence : Baazov v. AMF, 2018 QCCQ 4449

Photo of Sophie MelchersPhoto of Caroline Larouche
By Sophie Melchers & Caroline Larouche on August 15, 2018

In the recent decision Baazov v. AMF, Mascia J. of the Quebec Court, Criminal and Penal Chamber granted a stay of proceedings in respect of all tipping, insider trading and market manipulation charges laid against the accused based on…

The Importance of Cooperation Among Interjurisdictional Securities Regulators: United States Securities and Exchange Commission v. Autorité des marchés financiers, 2018 QCCQ 4417

Photo of Sophie Melchers
By Sophie Melchers on August 14, 2018

In the recent decision of United States Securities and Exchange Commission v. Autorité des marchés financiers, 2018 QCCQ 4417, the Quebec Court, Criminal and Penal Chamber held that the United States Securities and Exchange Commission (SEC)…

Ontario Securities Commission confirms test for severance

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By Fahad Siddiqui on August 4, 2018

In a decision issued on July 24, 2018, the Ontario Securities Commission held that the test to determine whether a respondent’s case should be severed and heard separately is the same test used in criminal proceedings.

The decision, Hutchinson (Re)…

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In this blog, litigators from Norton Rose Fulbright offices in both Canada and the United States comment upon domestic developments in securities litigation in both countries and cross border issues. Among other things, we deliver insights on recent securities law decisions, amendments to securities statutes and regulations, securities class actions and cross border developments. We have broad experience and international expertise in these matters and are frequently called upon for advice in high-profile securities litigation, enforcement proceedings and internal investigations. Stay connected with Securities litigation and enforcement and subscribe to the blog today.

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