Are Corporate Monitorships on the DOJ's Chopping Block?

Plus some follow-ups from yesterday's newsletter on Cutter Financial and $TRUMP.

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Good morning! Here’s what’s up.

Two Follow-Ups

(1) The headline of yesterday’s newsletter (“SEC Prevails in Seven-Day Jury Trial of Cutter Financial and its Founder”) was only partly correct. The SEC brought three claims in the case, and prevailed on one. As discussed in this press release from Cutter Financial, “the jury found that CFG and Jeffrey Cutter did not engage in any intentional fraudulent scheme and found that CFG adopted and implemented reasonable compliance policies and procedures.”

(2) This NYT article in yesterday’s newsletter discussed the private dinner President Trump offered to the top 220 investors in his $TRUMP memecoin, but wait — there’s more!

In her Citation Needed newsletter, Molly White notes that the top 25 $TRUMP investors will receive an “Exclusive Reception before Dinner with YOUR FAVORITE PRESIDENT!” and a “Special VIP Tour”.

Clips ✂️

US prosecutors may end oversight tool in corporate criminal cases

The US Department of Justice may axe an important tool used to ensure companies that have broken the law do not do so again: monitors who continue to scrutinise corporate conduct after criminal cases have been resolved.

The move is part of an effort to loosen corporate enforcement policies, including for companies that already accepted monitors as a condition of government settlements, according to people familiar with department leadership’s thinking. The DoJ declined to comment.

by FT

👉 The FT article notes that “the high fees and steady pay have been a boon to law firms, who often employ former prosecutors to do the work. But they have been a thorn in the side of corporate defendants, who find them intrusive and costly.”

This cannot be great for lawyer beach house purchases. ⛱️

Federal Workforce Transition Resources

Resources for Affected Government Lawyers

Pursue an LL.M. (50% discount)

Georgetown Law is offering a substantially reduced LL.M. tuition rate of 50% to lawyers who have a J.D. from a U.S. accredited law school who have recently left government service.

by Georgetown Graduate School

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The Stock Market Loves Bitcoin

The basic situation is that US public equity markets will pay about $2 for $1 worth of Bitcoin. I don’t know why this is, and I am not especially happy about it, but it’s true. If you have one Bitcoin, you can sell it on a crypto exchange for about $93,000, or you can sell it on a US stock exchange for about $186,000. Therefore, you should sell Bitcoins on the stock exchange, so people do.

The most famous example is MicroStrategy Inc. (now just Strategy), which has built a perpetual motion machine out of buying $1 worth of Bitcoin, seeing its stock go up by $2, and selling more stock to buy more Bitcoin. Because this keeps working, people keep copying it, and I keep talking about them….

by Matt Levine’s Money Stuff

👉 Strategy now has a new competitor. Bloomberg reports that:

“An affiliate of Cantor Fitzgerald LP is teaming up with stablecoin issuer Tether Holdings SA and SoftBank Group to create a new company called Twenty One Capital Inc. with the goal of accumulating Bitcoin, the latest company to emulate the business model of Michael Saylor’s Strategy.

Twenty One said it expects to launch with more than 42,000 Bitcoin, worth about $3.9 billion at current prices, making it the third-largest Bitcoin treasury in the world, according to a statement from the company on Wednesday.”

What Jurisdiction Is the SEC Claiming in the Crypto Area

Questions regarding the limits of the SEC’s jurisdiction in the crypto asset area have blossomed again since its decision to in the Kraken case early this year. There, the agency at least suggest that it was revising its approach to crypto assets if not outright exiting the area. Earlier this week the agency stepped into the crypto area again in its decision in ClS Global. But now the agency has settled one count of an action in which investment contracts were being sold while dismissing with prejudice others claims that appeared to involve crypto assets. SEC v. Nova Labs, Inc., Civil Action No. 1:25-00539 (S.D.N.Y.). […]

If the SEC is not claiming to have jurisdiction over crypto, or abdicating the area, its participation in this case is at best questionable. If the agency is only asserting “selective” jurisdiction, the question is on what basis and by what authority is it asserting jurisdiction in that manner? It is time that the SEC clarifies its position.

by SEC ACTIONS

Celsius Investors Urge Severe Punishment for Founder Mashinsky

A slew of disgruntled investors in the failed crypto lender Celsius Network urged a federal judge to throw the book at founder Alex Mashinsky when he is punished next month after admitting to fraud in connection with the 2022 collapse of the company.

Prosecutors on Wednesday submitted more than 200 statements from people who put their money into Celsius, coming from throughout the globe and many different walks of life – including a postal worker in Australia, an M&A banker in Copenhagen and a stuntman in New York. While a few of the investors urged US District Judge John Koeltl to go easy on Mashinsky at his May 8 sentencing, the vast majority asked him to impose the highest possible punishment allowed by law – with some suggesting he spend the rest of his life in prison.

by Bloomberg

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