A Sherman jury dealt federal prosecutors a rare acquittal Tuesday in the trial of a Dallas-area doctor accused in an alleged fraudulent scheme to bill insurance companies for medical services provided to injured university student athletes. Jurors deliberated about four hours before finding Dr. Kyle Carter not guilty of a single count of conspiracy to commit wire fraud.
How Meta’s $1.4B Settlement Impacts Your Obligations Under CUBI
The Texas Capture or Use of Biometric Identifier Act has been around since 2009, but it has been making headlines recently due to a $1.4 billion settlement between Meta Platforms and the Texas attorney general. Companies concerned about potential liability under CUBI should undertake a comprehensive review of what data they collect to ensure that they are treating biometric identifiers properly.
Dallas-Area Doctor on Trial in Alleged Multimillion-Dollar University Athletic Billing Scheme
The U.S. Attorney’s Office for the Eastern District of Texas has accused Dr. Kyle Carter of conspiring with a third-party billing company to collect thousands of dollars for work treating student-athletes he never saw and who were actually treated by university athletic trainers. Carter’s lawyers from Vedder Price told jurors the doctor was merely a supervising physician and didn’t have insight into the company’s billing.
SEC’s FWRO Leads $650M Crypto-Related Pyramid Scheme Litigation
Led by lawyers in its Fort Worth office, the U.S. Securities and Exchange Commission brought charges Monday against the owners, employees and promoters of a $650 million crypto asset company that the federal agency claims was actually a multi-level marketing scheme that defrauded more than 200,000 investors, including many in Texas.
Proposed Anti-Money Laundering Rules and Other Requirements: Has the SEC Exceeded Its Authority in Regulating Private Funds?
In May, the Securities and Exchange Commission and the Financial Crimes Enforcement Network initiated rulemaking to enhance anti-money laundering compliance for certain SEC-Registered Investment Advisers and Exempt Reporting Advisers. The proposed rule was expected, following FinCEN’s February 2024 related notice that would add certain RIAs and ERAs as financial institutions subject to the Bank Secrecy Act. Taken in aggregate, these changes represent a new and more formalized regulatory wrapper for small funds, making compliance more prescriptive and resource-intensive. Recent decisions at the Fifth Circuit and the U.S. Supreme Court complicate matters further.
Crypto Groups, 7 States File Amicus Briefs in Fort Worth SEC Case
The U.S. Securities and Exchange Commission is overstepping its authority and bringing unfair enforcement actions against the cryptocurrency industry, several interested parties have argued in amicus briefs filed in a lawsuit asking Judge Reed C. O’Connor to rule that digital assets are not securities. LEJILEX, a Texas company that intends to launch a digital asset trading platform, filed suit against the SEC in February. Seven states also argue the SEC’s aggressive actions threaten to preempt dozens of state laws.
By Ditching Chevron Deference, SCOTUS Drastically Changes the Litigation and Compliance Landscape
What will the post-Chevron era look like? The full and future impact of overturning Chevron is unclear, but it is safe to assume that innumerable businesses and industries will be impacted.
Dallas Lawyer Obtains DOJ Case Closure for Armenian Businessmen
Armenian brothers Artyom Khachatryan and Gurgen Khachatryan faced accusations that their multimillion-dollar Beverly Hills mansion was purchased with bribes. Following a two-year investigation, the government announced it had closed the case and reached a settlement with the family to share proceeds from the sale of the luxury estate. The resolution is touted as a significant victory by the brothers’ Dallas lawyer, Ephraim “Fry” Wernick.
Texas AG Signals Plans to Aggressively Enforce Texas’ New Data Privacy & Security Act
The Texas Data Privacy & Security Act became effective July 1. Along with 17 other states, Texas has now enacted data privacy protections that will require many businesses to comply with new regulations about the collection, use, processing and treatment of personal data. Businesses that operate in Texas should be aware of, and prepared to comply with, the TDPSA immediately. Companies should coordinate with their technology and legal teams to review policies and procedures and ensure their privacy policy, terms and conditions, and other documentation comply with the Texas law and other applicable privacy and cybersecurity regulations to ensure compliance and avoid enforcement actions by the Texas attorney general.
The SEC’s Evolving Enforcement Authority: From Courtroom to Administrative Proceedings
For more than a decade, the U.S. Securities and Exchange Commission has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. The U.S. Supreme Court issued a pivotal ruling in SEC v. Jarkesy significantly curtailing the SEC’s ability to use its administrative proceedings to impose civil penalties for securities fraud. Instead, these cases must be tried in federal district court, where a defendant’s Seventh Amendment right to a civil jury trial is available. This decision not only alters the landscape for securities fraud enforcement but also signals potential broader implications for the enforcement powers of federal agencies across the government.
Coupled with a series of other recent rulings by the Court, this verdict adds to a body of law with potentially far-reaching implications for the enforcement powers of all federal agencies.
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