White Collar

  • December 18, 2014

    Criminal Defense Attys Skunked On Bid For DOJ's 'Blue Book'

    A D.C. federal judge on Thursday tossed the National Association of Criminal Defense Lawyers’ suit demanding the U.S. Department of Justice produce an internal book outlining reformed discovery obligations for prosecutors — a publication that stemmed from the widely criticized corruption trial of a late senator.

  • December 18, 2014

    Accused Facebook Scammer Claims Immunity In Criminal Suit

    A man facing criminal charges for allegedly bringing a sham lawsuit claiming he owned half of Facebook Inc. asked a New York federal judge on Wednesday to grant him immunity because the merits of his civil case never saw the light of day.

  • December 18, 2014

    2nd Circ. Invites Insiders To Save The Tips For Friends

    In its recent landmark decision to overturn the insider trading convictions of two former hedge fund managers, the Second Circuit significantly raised the bar for government prosecutors to prove what benefit a tipper received from disclosing material nonpublic information, causing some to fear that potential criminals might be able to get away with leaking secrets to bolster a business-related friendship.

  • December 18, 2014

    Cut SEC Claims Against Hedge Fund Manager Make Comeback

    A California federal judge on Thursday reversed his decision to toss a pair of U.S. Securities and Exchange Commission claims against the head of hedge fund manager ABS Manager LLC, ruling new evidence raised questions about ABS’ alleged status as an investment adviser.

  • December 18, 2014

    SAC Won't Oppose Victims Fund For $602M Settlement

    SAC Capital Advisors LP has told a New York federal judge it doesn't object to the U.S. Securities and Exchange Commission setting up a fair fund to distribute a $602 million insider trading settlement to victims of the alleged scheme, according to a court filing made public Thursday.

  • December 18, 2014

    3rd Circ. Affirms Life Term For NJ Atty In Witness Murder Plot

    The Third Circuit on Thursday affirmed the conviction and life sentence of a former New Jersey criminal defense attorney convicted of using his law practice as a racketeering enterprise through which he plotted murder and facilitated drug trafficking and prostitution.

  • December 18, 2014

    Ex-NJ Construction Exec Gets Probation In Bid-Rigging

    A former owner of a New Jersey construction company once accused of funneling about $350,000 in bribes and kickbacks to a port terminal operator and a state official in exchange for lucrative contracts was sentenced on Thursday to three years' probation.

  • December 18, 2014

    Former Rite Aid VP Cops To $15M Kickback Scheme Lies

    A former Rite Aid Corp. vice president and a liquidation business owner agreed Thursday in Pennsylvania federal court to plead guilty to a felony charge in connection with an alleged nine-year kickback scheme that defrauded the pharmacy giant of nearly $15 million.

  • December 18, 2014

    Ex-Exec Of Bankrupt Fuel Shipper Arrested In Denmark

    Denmark's economic prosecutor arrested an executive of bankrupt fuel shipper OW Bunker A/S on Thursday on suspicion of fraud in Italy, on the heels of the company's descent into bankruptcy after it found fraud in its Singapore operations.

  • December 18, 2014

    Pa. Court Won't Reconsider Sandusky Probe Privilege Ruling

    A Pennsylvania appeals court said Thursday that it would not reconsider a decision finding that records regarding an investigation commissioned by Pennsylvania State University's board of trustees into the Jerry Sandusky sex abuse scandal are protected by privilege and cannot be released under the state's Right to Know Law.

  • December 18, 2014

    Newman Ruling Jeopardizes IBM Insider Trading Pleas: Judge

    A New York federal judge said Thursday he was inclined to vacate the guilty pleas of four defendants in an insider trading case stemming from a $1.2 billion IBM Corp. acquisition, citing the Second Circuit’s recent bombshell ruling in U.S. v. Newman.

  • December 18, 2014

    Drug Supplier In MLB Doping Scandal Pleads Guilty

    A Miami man pled guilty Thursday morning in federal court to serving as a black-market supplier for performance-enhancing drugs distributed by a Coral Gables health clinic at the center of a recent scandal involving Major League Baseball players.

  • December 17, 2014

    UBS Can't Duck $1.4B Bail In French Tax Evasion Probe

    France’s highest court has rejected UBS AG’s appeal of a €1.1 billion ($1.36 billion) bond for a French investigation into claims that the Swiss banking giant helped wealthy French clients dodge taxes, UBS said Wednesday.

  • December 17, 2014

    Ponzi Investors' Claims Trimmed Against Greenberg, Hunton

    A Texas federal judge Wednesday tossed a class of investors' claims that Greenberg Traurig LLP and Hunton & Williams LLP breached fiduciary duty helping convicted Ponzi schemer Robert Allen Stanford, saying the firms' continuing legal fees weren't enough of a pecuniary interest to raise the claims.

  • December 17, 2014

    Jurors Give Ex-JP Death Sentence In Texas DA Murders

    A Texas jury on Wednesday sentenced a former justice of the peace to death after finding him guilty in the 2013 murder of the former Kaufman County District Attorney’s wife in a crime spree that allegedly included the killings of the DA and assistant DA.

  • December 17, 2014

    Broker-Dealer Execs Plead Guilty In $60M Bribery Scheme

    Two former executives of broker-dealer Direct Access Partners LLC pled guilty Wednesday to participating in a $60 million bribery scheme arising out of the company's transactions with a Venezuelan bank, in violation of the Foreign Corrupt Practices Act.

  • December 17, 2014

    8th Circ. Affirms Bayer's FCA Loss But Trims Damages

    The Eighth Circuit on Wednesday affirmed that a former Bayer Corp. sales representative was terminated in retaliation for alerting authorities to a customer’s Medicaid scam, but trimmed about a third off his $890,000 damages award because it found the emotional distress award was excessive.

  • December 17, 2014

    PennDOT Corruption Investigation Snares 10

    Ten people, including two former PennDOT managers, have been charged for their alleged roles in an overbilling scheme that defrauded state taxpayers of at least $1.2 million, Pennsylvania Attorney General Kathleen G. Kane announced Wednesday.

  • December 17, 2014

    5th Circ. Upholds Asset Seizure In $24M Laundering Case

    Remittances company U.S. Tours and Remittance and its law firm Nowak & Stauch LLP can't recover funds that were forfeited as part of a $24 million money laundering prosecution against the company’s owner, the Fifth Circuit said on Tuesday.

  • December 17, 2014

    Silk Road's 'Dread Pirate' Blew Off Verbal Plea Deal Offer

    Alleged Silk Road mastermind Ross Ulbricht said Wednesday in Manhattan federal court that he ignored an opportunity to plead guilty prior to being formally indicted for running a global online drug trafficking and money laundering operation.

Expert Analysis

  • Changes In Defense Industry Are Increasing FCPA Risks

    Howard Weissman

    The explosion of international business efforts in new and unfamiliar areas with new and unfamiliar people has greatly increased the Foreign Corrupt Practices Act compliance risk for companies in the aerospace and defense industry at a time of budget austerity because of the declining U.S. defense budget, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • Spotlight On SFO: Prosecuting In The Regulator’s Shadow

    Aamir Khan

    There remain serious questions on whether the Serious Fraud Office in the United Kingdom is really best equipped to be prosecuting individuals relating to issues such as Libor and forex manipulation, which are already being investigated by the Financial Conduct Authority and other regulators, says Aamir Khan, general counsel and the senior director for the U.K. and Europe at legal services firm Clutch Group.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Blankenship Case Shows Perils Of Post-Crisis Assurances

    Jeremy Peterson

    Attorneys and executives would do well to take note of the recent federal indictment of Massey Energy Co.'s former CEO, which shows that, in at least some circumstances, relatively general and open-ended corporate statements can be the basis for criminal charges, say attorneys at Arnold & Porter LLP.

  • Pressure Is On For Israeli Banks

    Robert Henoch

    Israeli financial institutions and U.S. holders of Israeli accounts have much to fear as the U.S. government accelerates its enforcement push against alleged U.S. tax evaders and their putative facilitators. However, those who fight back are likely to find that it is significantly easier for U.S. authorities to threaten complex financial prosecutions than to win them at trial, says Robert Henoch, a former assistant U.S. attorney no... (continued)

  • 2015 May Be 'Year Of The Individual' At DOJ

    Timothy Belevetz

    Recent trends, along with seemingly choreographed statements from high-ranking U.S. Department of Justice officials, provide something of a forecast for what may be on deck for 2015. An analysis of that data points to three key areas of focus, all tied to a coordinated effort to shift the spotlight onto individual offenders, says Timothy Belevetz, a partner with Holland & Knight LLP and former federal prosecutor.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • SEC Enforcement: 2014 Review And 2015 Outlook

    Thomas K. Potter

    The U.S. Securities and Exchange Commission’s recent enforcement policies and actions have been as Chairwoman Mary Jo White promised: aggressive, robust and wide-ranging. The SEC’s enforcement year has sparked equally robust discussion about the proper role and methods of the commission in enforcing the nation’s securities laws. And maybe that robust debate has been a policy objective all along, says Thomas Potter of Burr & Forman LLP.

  • Fingerprint Lock Won't Protect Phone From Law Enforcement

    Kedar Bhatia

    A recent Virginia court ruling in Virginia v. Baust is a reminder to corporations and their counsel that while fingerprint technology may block hackers or thieves from viewing the contents on smartphones, it may surprisingly make it easier for government investigators to access these powerful mobile devices, say Glen Kopp and Kedar Bhatia of Bracewell & Giuliani LLP.

  • 6 Questions To Ask Before An Internal Investigation

    Ty E. Howard

    Ample literature exists on how to conduct an effective internal investigation and best practices in doing so. Far less common, but equally important, are the questions a company’s decision-makers — whether a CEO, compliance officer or in-house counsel — should ask before the investigation begins, says Ty Howard, a partner with Bradley Arant Boult Cummings LLP and former federal and state prosecutor.