Second Circuit Decision Limits the Ability to Prosecute Instances of Trading on Confidential Government Information

On December 29, 2022, in a closely-watched insider trading case, the Second Circuit decided United States v. Blaszczak.

The Supreme Court in January 2021 had vacated and remanded the Second Circuit’s prior decision in light of Kelly v. United States (also known as the “Bridgegate” decision).  On remand, a divided panel of the Second Circuit found that trading on the basis of certain confidential government information related to pending regulation does not give rise to violations of the criminal wire fraud and securities fraud statutes.

Please click here to continue reading on the Cleary Enforcement Watch blog.