White Collar

  • September 3, 2015

    DOJ Must Get Warrant To Track Cellphones, New Rule Says

    The U.S. Department of Justice on Thursday announced that it was implementing a new policy regarding the use of cell-site simulator technology that allows investigators to locate cellular devices, saying the changes will enhance transparency and increase privacy protections regarding how the data is collected and handled.

  • September 3, 2015

    Ex-Tesla Worker Charged With Intruding On Manager's Email

    A former Tesla Motors Inc. mechanical engineer has been charged in California federal court with felony computer intrusion after allegedly accessing his manager’s email and subsequently posting a confidential customer complaint and false and disparaging remarks about the electric car company, the FBI announced Thursday.

  • September 3, 2015

    DOJ Drops Charge In NJ Tax Lien Bid-Rigging Case

    The U.S. Department of Justice dismissed its only charge Thursday against an investor who had been accused of conspiring to manipulate the bidding process for tax lien auctions in state municipalities — just one week before his trial was set to begin.

  • September 3, 2015

    Grand Jury Indicts ‘Flash Crash’ Trader On Criminal Charges

    An Illinois federal grand jury has formally indicted the U.K. trader accused of helping cause Wall Street’s 2010 flash crash on criminal charges of market manipulation, according to a filing made public on Thursday.

  • September 3, 2015

    Ex-Terra Exec Loses Bid For New Trial On Bribery Charges

    A Florida federal judge denied a new trial Wednesday for a former Terra Telecommunications executive accused of bribing Haitian officials, saying his claims were too late and new evidence was insufficient to revive the case.

  • September 3, 2015

    Pepper Hamilton Says Paternos Don't Need Docs In NCAA Row

    Pepper Hamilton LLP told a Pennsylvania state court on Thursday that it correctly labeled documents as confidential before producing them to attorneys for the estate of Penn State football coach Joe Paterno, which is suing the NCAA over Penn State's punishment for the Jerry Sandusky sex abuse scandal.

  • September 3, 2015

    Fish & Richardson Gets A Week To Find Counsel For Texas AG

    An attorney from Fish & Richardson PC has another week to help Texas Attorney General Ken Paxton find representation in a criminal case accusing him of violating state securities laws, a week after Paxton’s defense counsel withdrew following his not guilty plea.

  • September 3, 2015

    Two Plead Guilty In $126M Miami-Area Health Care Fraud

    Two defendants pled guilty Thursday in Florida federal court to their roles in a complex scheme to submit $126 million in false health care claims to leading private insurers and plans located with major companies, the city of Miami and the Miami-Dade County school system.

  • September 3, 2015

    Sen. Flags Possible Changes To Criticized Anti-Hacking Law

    Sen. John Thune, R-S.D., signaled Thursday that the Senate may explore changes to the much-criticized Computer Fraud and Abuse Act, after cybersecurity experts argued restrictions in the bill were hampering researchers’ efforts to find and report digital security holes.

  • September 3, 2015

    Alleged Ponzi Schemer Indicted For Lying During SEC Probe

    A Utah man was charged with lying and obstructing justice in an ongoing U.S. Securities and Exchange Commission investigation over an alleged Ponzi scheme in which he promised returns of more than 100 percent by day trading Apple Inc. stock, the agency said on Wednesday.

  • September 3, 2015

    Genzyme Pays $32.5M Criminal Fine For Seprafilm Marketing

    Sanofi SA unit Genzyme Corp. agreed Thursday to a roughly $32.5 million fine to resolve criminal charges that it encouraged surgeons to use its Seprafilm surgical product in unapproved ways that contaminated it, and suggested without enough proof that it was safe for certain cancer surgeries.

  • September 3, 2015

    Auto Parts Supplier To Pay $65M For Price-Fixing Role

    A Japanese automotive parts supplier has agreed to pay a $65.3 million fine and plead guilty for its role in a conspiracy to fix prices and rig bids for vehicle emissions parts, the U.S. Department of Justice announced Thursday.

  • September 3, 2015

    Ex-NBA Player's Gofer Convicted Of Stealing $2.8M, Tax Fraud

    A Florida federal jury on Wednesday convicted the former personal assistant of a retired NBA player on multiple counts of wire fraud and filing false tax-related documents connected to his theft of more than $2.8 million from his employer over several years.

  • September 3, 2015

    Blankenship Jury Pool Questioned On Coal Mine Ties

    Prospective jurors in the soon-to-open criminal trial of former Massey Energy Co. CEO Don Blankenship face granular questions about their feelings toward coal mining companies and their relationships to people who have been killed in coal mines, according to a questionnaire filed Thursday.

  • September 3, 2015

    3 Charged With Fraud In $54M 'Green Energy' Ponzi Scheme

    Federal prosecutors on Thursday charged the founders of a failed Pennsylvania green energy company with running a $54.5 million Ponzi scheme and selling bogus securities to unlucky investors.

  • September 3, 2015

    Two Former Saab Execs Hit With Forgery Charges

    Two former board members and a former senior official at Saab Automobile AB have been charged with gross forgery and gross misrepresentation, Swedish prosecutors announced Wednesday, saying the indictment is part of a wider investigation into the automaker’s operations.

  • September 3, 2015

    Shareholders Win Class Cert. In Wilmington Trust Fraud Suit

    A Delaware federal judge granted class certification in a securities suit against Wilmington Trust Corp. on Thursday, saying damages did not need to be calculated yet.

  • September 2, 2015

    Ponzi Schemer Tells 9th Circ. 18-Year Sentence Unfair

    An attorney for a Los Angeles man convicted of running a Ponzi scheme that bilked investors — including his father — out of $9 million told the Ninth Circuit on Wednesday that his 18-year sentence was unfair because he wasn’t allowed to respond to victim requests for stiff punishment.

  • September 2, 2015

    Narrowed Indictment Doesn't Kill Conviction, 5th Circ. Rules

    The Fifth Circuit on Tuesday refused to overturn a man’s identity-theft conviction that came down after a court removed references to Bank of America Corp. originally in the indictment, holding that while courts cannot constructively amend indictments, they are allowed to narrow the charges.

  • September 2, 2015

    3rd Circ. Gives Informant Another Chance To Nix Sentence

    In a case with many first impressions, the Third Circuit on Wednesday vacated a district court ruling that a government informant can’t reinstate his motion to set aside his enhanced sentence, saying he’s right that he isn’t a career offender.

Expert Analysis

  • OIG Is Focusing On Physicians

    Patricia Domzalski

    Recent Office of the Inspector General guidance, personnel and budget increases, and a Third Circuit decision all point to the same thing — physicians who participate in Medicare and Medicaid can expect to face increased federal scrutiny, and those who are convicted of health care fraud can expect tougher sentences and higher monetary penalties, say Patricia Domzalski of Duff & Phelps Corp. and Kirsten McAuliffe Raleigh of Stevens & Lee.

  • Top 10 Steps When Responding To A Disaster

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    In contrast to routine litigation, crises — such as environmental disasters, violent criminal or terrorist acts, explosions, corporate scandals or computer crimes — involve issues and follow timelines that are difficult to foresee. Even though every crisis is unique, there are 10 steps you can take to help mitigate damage and stabilize the situation, say Otway Denny and Jessica Farley of Norton Rose Fulbright US LLP.

  • Personal Security Affects Anti-Corruption Compliance

    Patrick Welsh

    By employing due diligence, training and proactive monitoring, investors and businesses can seek to minimize corruption risks in any market. When investing in countries with security concerns such as high crime rates, governmental instability or public health concerns, the importance of these steps is intensified, say Patrick Welsh and Brendan Hanifin of Ropes & Gray LLP.

  • Takeaways From Rare Perjury Prosecution Of Attorneys

    William R. Coulson

    Attorneys’ notes and Q&A "scripts" are common devices used to rehearse a witness and very often are edited as new facts and recollections are revealed. They are normally privileged work product. However, after the prosecution of Chicago criminal defense attorneys Beau Brindley and Michael Thompson, defense counsel would be prudent to routinely destroy these notes, says William Coulson, a former federal prosecutor.

  • FinCEN Continues Aggressive Anti-Money Laundering Trend

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    If adopted, the Financial Crimes Enforcement Network’s recently proposed rules will prescribe specific anti-money laundering obligations for investment advisers, which previously had not been subject to Bank Secrecy Act AML regulations notwithstanding their potential criminal liability for engaging in or aiding and abetting money laundering, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Is There 'Credible Information' Of A CTIPs Violation?

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    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • 4th Circ. View Of Cell Site Tracking May Lead To High Court

    Pierre Grosdidier

    The ruling in U.S. v. Graham over access to cell site location information at cell towers leaves open the possibility that a narrowly framed Stored Communications Act § 2703(d) order might still pass constitutional muster in the Fourth Circuit. Be that as it may, this issue could be ripe for U.S. Supreme Court review now that two circuits are squarely split based on similar sets of facts, says Pierre Grosdidier of Haynes and Boone LLP.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • The Political Implications Of UK's Tom Hayes Verdict

    Elly Proudlock

    The conviction and sentencing of Tom Hayes for his part in the manipulation of the London interbank offered rate is an important win that will undoubtedly embolden the U.K. Serious Fraud Office and may help ensure that a proposal to abolish the SFO does not resurface anytime soon, say Elly Proudlock and David Rundle of WilmerHale.