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Government Leaks Lead to Landmark Insider Trading Case

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Posted by Ken Herzinger and Stephanie Albrecht, Orrick, Herrington & Sutcliffe LLP, on Wednesday, June 14, 2017
Editor's Note: Ken Herzinger is Partner and Stephanie Albrecht is Managing Associate at Orrick, Herrington & Sutcliffe LLP. This post is based on an Orrick publication by Mr. Herzinger and Ms. Albrecht.

On May 24, 2017, the SEC for the first time brought charges based on allegations of insider trading on confidential government information. The alleged insider trading scheme involved tips related to three announcements by the Center for Medicare & Medicaid Services (“CMS”) regarding non-public rate changing decisions affecting the stock of issuers in the healthcare industry.

The complaint alleges that from May 2012 to November 2013, Christopher Worrall, a health insurance specialist in the Center for Medicare (“CM”), the CMS component that administers Medicare’s national payment systems and determines Medicare reimbursement rates, tipped his long-time friend David Blaszczak about internal deliberations and planned actions of CMS. Blaszczak is a consultant specializing in healthcare policy issues and a former CMS employee.

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