White Collar

  • October 21, 2014

    Ex-UBS Adviser Says Weil Was At Meeting On Hiding Accounts

    A former UBS AG client adviser on Tuesday placed the Swiss bank's ex-wealth management head Raoul Weil at meetings in 2002 where clients were allegedly advised on keeping accounts hidden from U.S. authorities, but Weil's attorneys questioned why this information was not mentioned in prior meetings with federal prosecutors.

  • October 21, 2014

    Ex-CEO of NJ Drug Dispensary Indicted For Tax Evasion

    The former CEO of a New Jersey pharmacy dispensing company was indicted on Tuesday by a federal grand jury for allegedly filing falsified income tax returns to conceal stock earnings, settlements and disbursements of company funds.

  • October 21, 2014

    Walgreen Can't Nix OTC Drug Privacy Claims In Meth Row

    A Louisiana federal judge on Tuesday refused to dismiss Walgreen Louisiana Co. Inc. and others from a suit alleging they violated the privacy rights of two individuals convicted of trying to make methamphetamine when authorities used a database to track their purchases of over-the-counter cold medicines.

  • October 21, 2014

    NYCLU Strikes 'Historic' Public Defense Deal With NY

    A class action settlement Tuesday between the New York Civil Liberties Union and the state will provide $5.5 million over two years to ensure indigent criminal defendants in five counties are represented by a public defender at arraignment, in what social justice advocates called a “historic” overhaul of New York’s public defense system.

  • October 21, 2014

    Freeh Asks 3rd Circ. To Ensure Right To Move Penn State Suit

    Attorney Louis Freeh, whose firm independently investigated Penn State University's child abuse scandal, urged the Third Circuit on Monday to declare his right to remove ex-Penn State chief Graham Spanier's forthcoming libel suit to federal court, arguing a looming deadline could constrain his litigation options.

  • October 21, 2014

    Sideman & Bancroft Adds Ex-DOJ Prosecutor In Denver

    Former U.S. Department of Justice prosecutor James M. Lord has left Jackson Lewis PC after less than one year to join Sideman & Bancroft LLP in Denver as a partner in its business crimes group, where he will focus on white collar, corporate governance and False Claims Act matters, the firm said Monday.

  • October 21, 2014

    Blackwater Jury Closes In On Manslaughter Conviction

    Jurors in the long-running murder and manslaughter trial against four former Blackwater Worldwide security guards suggested to a D.C. federal judge on Tuesday that they're closing in on a verdict on some charges, including a guilty voluntary manslaughter verdict, but they may be deadlocked on other counts.

  • October 21, 2014

    Rothstein Investor Fights Firm's Bid To Compel Arbitration

    An investor who lost money in Scott Rothstein's $1.2 billion Ponzi scheme argued Tuesday before a Florida appeals court that although Hightower Advisors LLC recommended the Rothstein investment, the firm was not involved in the purchase and therefore cannot invoke a mandatory arbitration clause.

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    Ex-SAC Trader Martoma Can’t Dodge Jail During Appeal

    Former SAC Capital Advisors LP manager Mathew Martoma on Tuesday lost his bid for bail while he appeals his nine-year prison sentence and conviction for orchestrating a $275 million insider trading scheme, a New York judge ruled, finding the appeal's chances of success to be slim.

  • October 20, 2014

    Ex-UBS Clients Describe Tax Schemes In Raoul Weil Trial

    UBS AG bankers encouraged and helped clients hide their assets from the Internal Revenue Service in foreign accounts, according to two former clients who testified Monday in the case against ex-wealth management head Raoul Weil for conspiring to conceal $20 billion in Americans' assets.

  • October 20, 2014

    'Brisbane's Bernie Madoff' Can't Dodge US Fraud Charges

    A well-connected businessman who fled the U.S. after the collapse of his auto dealership and set up shop in Australia, where he was later dubbed “Brisbane’s Bernie Madoff,” can’t escape charges he defrauded U.S. banks and investors of up to $200 million, a California federal judge ruled Monday.

  • October 20, 2014

    Peanut CEO Wants Salmonella Poisoning Conviction Tossed

    Former Peanut Corp. of America CEO Stewart Parnell told a Georgia federal judge on Monday that he should be acquitted of his conviction related to the sale of salmonella-laced peanuts that were linked to the death of nine individuals, saying the prosecution’s evidence against him was inadmissible.

  • October 20, 2014

    Blackwater Jurors To See Post-Shooting Video

    A Washington federal judge on Monday granted a request from the jury in the murder and manslaughter trial of four former Blackwater Worldwide security guards to view a video showing the aftermath of the September 2007 incident that left 14 Iraqis dead.

  • October 20, 2014

    Greensfelder Adds ‘Proactive’ White Collar Practice Group

    Greensfelder Hemker & Gale PC said on Monday it has launched a government interaction practice group in Chicago that will be led by former Assistant U.S. Attorney Patrick J. Cotter, who recently joined the firm from Barnes & Thornburg LLP  with more than two decades of experience in white collar crime.

  • October 20, 2014

    Supreme Court Won't Hear CCI Exec's FCPA Reach Fight

    The U.S. Supreme Court on Monday declined to address whether a former president of Control Components Inc.’s South Korean office can be declared a fugitive even though he is a foreign national who never fled American authorities in the face of Foreign Corrupt Practices Act charges.

  • October 20, 2014

    High Court Won't Hear Ex-Duane Reade Execs' Fraud Appeal

    The U.S. Supreme Court on Monday declined to revisit the securities fraud convictions against Duane Reade Inc.'s former chief executive and top financial officer for an alleged scheme to inflate the drugstore chain’s income using sham real estate deals.

  • October 20, 2014

    NCAA Says Pa. Court Overstepped In Penn State Fine Fight

    The National Collegiate Athletic Association Friday asked the Pennsylvania Supreme Court to put an end to its fight with state officials over $60 million in fines imposed on Penn State University stemming from the Jerry Sandusky sex abuse scandal, arguing a lower court has overstepped its bounds.

  • October 20, 2014

    Justices To Hear Challenge To LA Hotel Registry Search Law

    The U.S. Supreme Court on Monday agreed to review a Ninth Circuit decision striking down a Los Angeles law allowing warrantless searches of hotel registries, in a case that could determine when Fourth Amendment facial challenges are permitted against such local laws.

  • October 20, 2014

    New Criminal And Tax E-Court Features Coming To NJ In 2015

    New Jersey courts remain more than a year away from electronic filing in regular civil cases, but attorneys next year could see new “e-court” features in criminal and tax matters as the judiciary secures an influx of funding from proposed fee increases, a top administrator for the courts told Law360.

Expert Analysis

  • GSK Bribery Conviction Signals Increased Risks In China

    Jay Pomerantz

    China’s anti-corruption efforts have historically focused on the Chinese government officials who solicit or receive bribes, but GlaxoSmithKline PLC's recent bribery conviction demonstrates that companies doing business in China must be mindful of China’s own anti-corruption laws in addition to the Foreign Corrupt Practices Act, say Jay Pomerantz and Catherine Kevane of Fenwick & West LLP.

  • DOJ Change On Waiver-Of-Appeal Policies Isn't Enough

    Alain Leibman

    The U.S. Department of Justice recently announced a modest change in its waiver-of-appeal policies. But, as shown in a recent Third Circuit case that severely penalized a defendant who appealed in the face of an unconditional waiver, the DOJ must revisit the entire question of demanding appeal waivers as a condition of a defendant being allowed to plead guilty, says Alain Leibman, a partner with Fox Rothschild LLP and former federal prosecutor.

  • Lessons From Recent DOJ Probes Of Large Banks

    Jacqueline M. Arango

    The U.S. Department of Justice is focusing on large financial institutions for not only failing to comply with federal laws but also for willfully violating laws that were meant to protect the sanctity of the U.S. financial markets. These recent prosecutions, particularly with respect to U.S. embargo violations, provide guidance on what not to do, say Jacqueline Arango and Christine Bautista of Akerman LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Tax Lessons From Reality Stars On What Not To Do

    Stephanie C. Chomentowski

    Two reality stars recently made headlines for being prosecuted for tax crimes and fraud, underscoring the fact that how information is conveyed to the government can sometimes make the difference between being able to avoid criminal charges and being sentenced to prison, says Stephanie Chomentowski of Blank Rome LLP.

  • An Offensive Use Of The FCPA?

    Kedar Bhatia

    With recent examples in mind, there is no clear indication that offensive use of the Foreign Corrupt Practices Act is actually a new frontier as opposed to another somewhat underhanded effort at securing a competitive advantage, say Kedar Bhatia and Shamoil Shipchandler of Bracewell & Giuliani LLP.

  • A Convergence Of Antitrust, Anti-Graft Enforcement In China

    Kareena Teh

    In their efforts to combat unfair competition, Chinese authorities have used both antitrust and anti-corruption laws, targeted specific industries, conducted swift investigations, executed dawn raids to obtain evidence, and shared information among different departments. It is highly likely that this will continue for the foreseeable future, impacting the operations of many multinationals, say Kareena Teh and Fabian Roday of Dechert LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Take Extra Steps When Social Media Page Is Evidence

    Steven Richard

    The Second Circuit recently vacated a conviction in U.S. v. Zhyltsou because the trial court improperly admitted social media evidence that the government tied to the defendant without sufficient proof of its authenticity. The foundational prerequisites to authenticate and admit website evidence must be carefully considered and developed before presentation at trial, say attorneys with Nixon Peabody LLP.

  • Privacy Questions In Heien V. NC May Have To Wait

    Donna Aldea

    Heien v. North Carolina posed the question of whether a police officer may acquire the reasonable suspicion necessary to justify a car stop based on a mistake of law. But the bulk of the recent oral arguments at the U.S. Supreme Court focused on another question — whether the case presented any actual case or controversy in view of the court’s recognition of a “good faith exception,” says Donna Aldea of Barket Marion Epstein & Kearon LLP.