White Collar

  • September 19, 2014

    Ex-BP Exec Faces Renewed Obstruction Charge In Spill Case

    A Louisiana federal jury Friday updated its criminal indictment against an ex-BP PLC executive accused of lying about how much oil was escaping from a well damaged by the Deepwater Horizon explosion, after the Fifth Circuit revived a charge of obstruction of Congress.

  • September 19, 2014

    Accountant Gets 40 Months For Texas Lender Takeover Plot

    A Pennsylvania accountant was sentenced on Friday to 40 months in prison for conspiring with reputed members of the Lucchese organized crime family to takeover a Texas-based mortgage lender through extortion and drain it of $12 million, forcing the lender into bankruptcy.

  • September 19, 2014

    Rothstein Lawyer, Broker Charged In $2.4M Fraud Scheme

    Florida federal prosecutors on Friday charged an attorney and a broker connected to Rothstein Rosenfeldt Adler PA of being part of convicted Ponzi schemer Scott Rothstein’s $1.2 billion scam, claiming the pair caused investors to lose $2.4 million.

  • September 19, 2014

    Texas Investment Adviser Gets 20 Years For Ponzi Scheme

    A former investment adviser was sentenced Thursday to 20 years in Texas state prison after being convicted of securities fraud and theft stemming from a Ponzi scheme, in which he solicited clients' investment in gold, silver and commodities and used the funds for personal expenses, according to a state regulator.

  • September 19, 2014

    NY Man Arrested For $36M Bailout Loan Fraud Scheme

    New York authorities on Thursday arrested a Westchester County businessman after investigators concluded he had fraudulently obtained more than $36 million in commercial real estate loans from Capital One Financial Corp. and engaged in a decade-long tax evasion scheme.

  • September 19, 2014

    Software Startup CEO Gets 27 Months For Securities Fraud

    The CEO of software development startup Wwebnet Inc. was sentenced to 27 months in prison Thursday for bilking investors out of $2 million that was meant to get the company’s online entertainment platform off the ground, the U.S. attorney’s office in Manhattan announced.

  • September 19, 2014

    Ex-Conn. Gov. Convicted In 2nd Corruption Scandal

    Former Connecticut Gov. John Rowland, who served prison time in a 2004 corruption case, may go to jail again after being convicted Friday of hiding his involvement in two federal election campaigns.

  • September 19, 2014

    Auditing Co. Can’t Ax Broker-Dealer’s Suit Over $66M Fraud

    A New Jersey judge on Friday refused to toss Direct Access Partners LLC's suit accusing auditing firm Rothstein Kass & Co. PC of negligence for missing a $66 million foreign trading and bribery fraud that contributed to its parent company's bankruptcy, paving the way for discovery, an attorney for the broker-dealer said.

  • September 19, 2014

    Judge Convicted Of Corruption Faces Disciplinary Charges

    The Pennsylvania Judicial Conduct Board slapped a former Philadelphia Traffic Court judge with disciplinary charges on Friday after he was sentenced to a 30-month prison term in August for funneling tens of thousands of dollars in state funds earmarked for two community organizations to friends and associates.

  • September 19, 2014

    Peanut Execs Found Guilty In Landmark Salmonella Trial

    Three former Peanut Corp. of America officials, including its former CEO, were convicted Friday of charges stemming from their roles in enabling the sale of the contaminated peanut products behind a salmonella outbreak that killed at least nine people.

  • September 19, 2014

    USAID Contractor Seeks To Revive Suit Against US In DC Circ.

    A U.S. Agency for International Development contractor who was imprisoned in Cuba for his pro-democracy work urged a D.C. Circuit panel on Friday to resurrect his negligence claims against the federal government, claiming it shouldn't be immune from paying damages.

  • September 19, 2014

    'Bonusgate' Atty. Foreman Disbarred By Pa. Supreme Court

    An attorney and one-time chief of staff to ex-state legislator Mike Veon was disbarred retroactively by the Pennsylvania Supreme Court on Wednesday for his role in the so-called "bonusgate" scandal in which public funds were used to pay legislative staffers for performing campaign-related work.

  • September 19, 2014

    Ex-Mayer Brown CIO's Sentencing Delayed Again Over E-Book

    A former Mayer Brown LLP chief information officer’s reckoning for victimizing the firm in a $4.8 million billing and kickback scheme was delayed yet again on Friday as a last-minute dispute over his compliance with a plea agreement flared up at his sentencing hearing.

  • September 19, 2014

    Ex-Owner of Mass. Trading Co. Gets 9 Yrs For Forex Fraud

    The former owner of Boston Trading and Research LLC was sentenced to nine years in prison on Tuesday after pleading guilty in Massachusetts federal court to defrauding more than 700 investors out of more than $30 million after recruiting them to open foreign currency exchange accounts.

  • September 19, 2014

    FCA Free Speech Defense Tested In DOJ-PhRMA Fight

    A fiery feud in California federal court between the U.S. Department of Justice and Pharmaceutical Research and Manufacturers of America shows the gloves are finally off in a fight that will shape the future of False Claims Act litigation, experts say, with opposing sides clashing over whether the First Amendment always shields honest off-label promotion.

  • September 19, 2014

    UK Appeals Court Upholds Innospec Bribery Convictions

    A U.K. appeals court on Friday upheld the convictions of two former Innospec Ltd. executives over their roles in a bribery scheme designed to drum up business in Indonesia and Iraq, but reduced one of their prison terms from four years to three.

  • September 19, 2014

    GSK Fined Record $489M For Bribery In China

    GlaxoSmithKline PLC was fined a record 3 billion yuan ($488.5 million) on Friday for bribing doctors in a verdict handed down by a Chinese court, which also sentenced several of the drugmaker’s executives to up to four years in prison, according to Chinese media reports.

  • September 18, 2014

    BMO Harris Socked With $24B Suit Over Petters Ponzi Scheme

    A trustee for two bankrupt Florida investment firms on Thursday hit BMO Harris Bank NA with a $24 billion adversary suit, alleging its Marshall & Illsley Bank helped convicted Ponzi scammer Thomas Petters bilk investors out of $3.7 billion.

  • September 18, 2014

    DLA Piper To Pick Up Former DOJ Tax Head In October

    DLA Piper on Thursday said that a former assistant attorney general from the U.S. Department of Justice's tax division will join the firm's New York office as chair of its civil and criminal tax litigation practice in October.

  • September 18, 2014

    Perry Prosecutor Faces Reopened Witness Tampering Case

    Texas’s highest criminal court on Wednesday allowed a trial court to move forward with a contempt proceeding against defense attorney Mike McCrum, who’s currently serving as the special prosecutor in the abuse-of-office case against Gov. Rick Perry, for alleged witness tampering in another case.

Expert Analysis

  • Criminal Division Wants In On FCA Whistleblower Complaints

    Christopher Wray

    Now that an early criminal review by the U.S. Department of Justice will be standard operating procedure in every whistleblower matter — in addition to potentially concurrent review by criminal assistant U.S. attorneys in the district where the qui tam action is filed — False Claims Act defendants may face a greater threat of prosecution, say attorneys with King & Spalding LLP.

  • New, Final DEA Drug Disposal Rules Are Shady On Details

    Ronald J. Friedman

    The lack of accountability over the Drug Enforcement Administration's drug diversion mail back and collection receptacle programs runs counter to current regulations for existing “reverse distributors,” who are required to maintain very detailed records on drugs they receive prior to disposal, says Ronald Friedman of Lane Powell PC.

  • 4 Hot Issues In 3rd-Party Due Diligence

    Michael Volkov

    Lawyers who deal with anti-corruption risks and third parties have passed around standard clauses they like to use in their agent and distributor contracts. But taking a more creative approach to contract drafting is an important way to minimize risk, says Michael Volkov of The Volkov Law Group LLC.

  • Tolling Provision Is Only Worth The Language That's Written

    Daniel Wenner

    In its recent decision in U.S. v. Mergen, the Second Circuit essentially gave the government carte blanche to style tolling provisions as it sees fit, but — and this “but” is the import of Mergen — what the government drafts is what the government gets, say Daniel Wenner and Elizabeth Latif, attorneys with Day Pitney LLP and former federal prosecutors.

  • Criminal Antitrust Policy: Bigger Sticks, Smaller Carrots

    Mark Rosman

    Recent policy statements on the U.S. Department of Justice’s criminal antitrust enforcement program provide additional clarity, and significant reaffirmation, on the DOJ’s policies and practices in prosecuting breaches of the antitrust laws. But some comments may leave companies seeking more clarification, say Mark Rosman and Jeff VanHooreweghe of Wilson Sonsini Goodrich & Rosati.

  • Bandfield Confirms Aggressive FATCA Enforcement Tactics

    Miriam L. Fisher

    The scheme detailed in the U.S v. Robert Bandfield indictment follows a well-worn path of prior offshore financial frauds, but the prosecutors’ focus on the defendants’ alleged attempt to avoid compliance with the Foreign Account Tax Compliance Act sends a strong message to the global financial community, say Miriam Fisher and Brian McManus of Latham & Watkins LLP.

  • OPINION: Why Didn’t McDonnell Plead Guilty?

    Daniel Suleiman

    Given the price of defeat and the strength of the government’s evidence, why didn’t former Virginia Governor Robert McDonnell plead guilty when he had the chance? There are three common reasons why white collar criminal defendants choose to fight instead of admit guilt, says Daniel Suleiman, special counsel at Covington & Burling LLP and a former senior official in the U.S. Department of Justice Criminal Division.

  • Problems With Volume Of Commerce In Antitrust Sentencing

    Robert Connolly

    As the Sentencing Commission reviews the antitrust guidelines, we urge that consideration be given to reforming the way volume of commerce escalates an individual’s recommended prison guidelines range, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former Antitrust Division prosecutors.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Esquenazi In Korea: Identifying Instrumentalities Abroad

    Samantha Dreilinger

    Efforts to apply the Esquenazi definition in Korea — a country where the government plays a significant yet often obscured role in several important industries — reveal that the definition leaves important questions unresolved and provides little comfort to companies trying to determine whether a potential business partner may be subject to the Foreign Corrupt Practices Act, say attorneys with Cadwalader Wickersham & Taft LLP and Kim & Chang.