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A Manhattan federal judge on Tuesday conditionally approved a $602 million insider trading settlement that SAC Capital Advisors reached with the SEC last month. But he also became the latest judge to question the SEC's practice of allowing defendants to settle enforcement actions without admitting or denying the allegations.
New Spitzer Biography Reveals 'Crusading Good Kid' With a Dark Side
Thanks to Eliot Spitzer's highly publicized attacks on fraud in the financial services industry, he's arguably the most famous New York-based prosecutor since Thomas Dewey. And he's the overwhelming favorite to win the Democratic nomination for New York governor. Attorney Michael Stern reviews a new Spitzer biography, "Spoiling for a Fight," by Brooke A. Masters, noting "there's a dark side to Eliot Spitzer the crusading Good Kid, of course, and Masters is scrupulous in painting that portrait as well."For the third time in less than a year, the Justice Department has busted out the Civil War-era False Claims Act to sue a major bank for fraud in connection with the mortgage crisis. This time, the case was brought by a Citi whistleblower who stands to take home a big share of the government's recovery.
Lawyer of the Year: Patrick Fitzgerald
No one else in 2005 roiled politics inside the Beltway and the media that feed on it like the prosecutor from Chicago, Patrick Fitzgerald.It was inevitable that the collapse of the $300 billion auction-rate securities market in 2008 would trigger securities litigation. But the ARS freeze also spawned a massive antitrust case, after a trio of plaintiffs firms cooked up a theory that the market's demise was triggered by an illegal boycott on the part of major banks.
As we predicted, the SEC is appealing Judge Rakoff's decision last month to reject the agency's $285 million proposed settlement with Citigroup. The move could backfire enormously, but SEC enforcement chief Robert Khuzami said Judge Rakoff's "new and unprecedented standard" for weighing settlements could spell disaster for the agency and investors.
Manhattan federal district court judge Harold Baer appeared sympathetic to the claims against the ratings agencies, but explained that he was bound by existing law to dismiss those claims.
New Marriage Law Expected To Benefit Gay Couples Here
A law signed yesterday allowing non-resident same-sex couples to marry in Massachusetts could entice more than 21,000 gay couples from New York to wed in the Bay State over the next three years, according to one estimate. When those newlyweds return home, they will hold marriage licenses recognized as valid by New York state. They also will face a host of statutes and regulations the state has been reinterpreting at the behest of Governor David A. Paterson to extend the same rights and obligations to same-sex couples as traditional spouses.Deutsche Bank and Citigroup agreed to pay up rather than join Goldman Sachs, Royal Bank of Scotland, and JPMorgan Chase on the list of banks sued by the National Credit Union Administration and its lawyers at Korein Tillery and Kellogg Huber.
When it comes to interpreting the Supreme Court's landmark securities case, judges aren't buying what the plaintiffs are selling. Here, the plaintiffs argued that their stock purchase, executed on the Swiss stock exchange, had a sufficient domestic nexus because their order was placed in Chicago. Manhattan federal district court Judge John Koeltl wasn't swayed.
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