The Supreme Court recently and unanimously held in Ellingburg v. United States[1] that restitution imposed under the Mandatory Victims Restitution Act of 1996 (MVRA) qualifies as “criminal punishment” subject to the Constitution’s Ex Post Facto Clause. While this narrow ruling only prohibits restitution judgments for convictions that predate the MVRA, Justice Clarence Thomas authored a concurrence advocating for a more expansive view of the Ex Post Facto Clause that reaches nominally civil as well as criminal laws.
DOJ Issues Department-Wide Corporate Self-Disclosure Policy
On March 10, 2026, the Department of Justice (DOJ) issued a new Corporate Enforcement and Voluntary Self-Disclosure Policy (“CEP”), which now governs all corporate criminal matters handled by DOJ except for antitrust violations. This new policy creates a single set of standards for voluntary self-disclosure, cooperation, and remediation across the Department.
How SEC-CFTC Harmonization Is Changing Crypto Regulation: What It Means for Your Business
After years of regulatory uncertainty, the SEC and CFTC are moving toward a unified approach to digital asset oversight, launching a joint harmonization initiative to align definitions, streamline compliance, and reduce fragmentation. For crypto and financial services firms, this effort signals clearer pathways for product development and cross‑market operations—though lasting certainty will hinge on sustained