Megan L. Brackney, Victor Suthammanont, Gray Proctor, and Andy Weiner co-wrote an article for Tax Notes titled “Can [Tax] Promoter Penalties be ‘Excessive Fines’ Under the Eighth Amendment?” The article is the third in a series considering the constitutional problems with the tax shelter promoter penalties of IRC § 6700.
Victor Suthammanont will present a webinar with other former SEC officials for the US Sustainable Investment Forum (US SIF) on the legal and regulatory hazards of under-disclosure. The webinar will take place on September 19, 2025, at 3 p.m. Eastern. The concept of “greenhushing” is a hot-button issue in the
Kostelanetz attorneys Megan L. Brackney, Victor Suthammanont, and Gray Proctor co-wrote an article for Tax Notes Procedurally Taxing blog titled “Does Due Process Require More Than Refund Jurisdiction Over Tax Promoter Penalties?” In the article, they discuss tax shelter promoter penalties under §6700 and how the imposition of promoter penalties
Kostelanetz attorneys Megan L. Brackney, Victor Suthammanont, and Mac Norman co-wrote an article for Tax Notes’s Procedurally Taxing blog entitled “Do Promoter Penalties Trigger the Right to a Jury Trial After Jarkesy?” The article explores whether, in light of the Supreme Court’s holding in SEC v. Jarkesy, (603 U.S. 109),
Victor Suthammanont and MacDonald Norman will present a webinar as part of the American Bar Association’s June Administrative Practice Monthly Call. Victor and Mac’s presentation, “SEC v. Jarkesy: Do the SEC and the IRS Have a Seventh Amendment Problem,” will discuss the holding and aftermath of the 2024 landmark case
On May 29, 2025, the Securities and Exchange Commission’s Division of Corporation Finance (“Corp Fin”) issued a Statement on Certain Protocol Staking Activities. The staff-level guidance addresses the staking of “Covered Crypto Assets” (described below) on networks that use proof-of-stake (“PoS”) as a consensus mechanism and opines, contrary to the
The United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC) have now issued guidance to corporations providing concrete benefits that companies, their shareholders, boards, and customers can earn by voluntarily self-reporting misconduct to the DOJ. DOJ Corporate Enforcement and Voluntary
In a Reuters Legal News article titled “Is now the time to seek relief from SEC industry bars and professional suspensions,” Victor Suthammanont writes that the Securities and Exchange Commission (SEC) has shown a recent willingness to grant relief to securities industry participants who have previously been permanently barred from
Kostelanetz partners Sharon McCarthy and Victor Suthammanont co-wrote an article for Bloomberg Law titled “DOJ’s New Crypto Crime Guidance Muddies the Prosecutorial Waters.” In the article, Sharon and Victor detail concerns about the Department of Justice’s (DOJ) April 2025 memo regarding cryptocurrency and digital asset enforcement, which sets objectives that
Kostelanetz partner Victor Suthammanont will speak at the American Academy of Attorney-CPAs (AAA-CPA) 2025 Annual Meeting and educational conference, which will be held from June 11 to 14, 2025, in Washington, D.C. Victor’s session — on Friday, June 13, from 1:15 to 2:15 p.m. — is titled “Examining the Change
