White Collar

  • August 28, 2014

    Suspension Lifted For Judge Cleared In Ticket-Fixing Scandal

    The Pennsylvania Supreme Court on Thursday vacated a February 2013 order memorializing a suspension for Magistrate Judge Mark Bruno after his indictment in an alleged ticket-fixing scheme in Philadelphia's Traffic Court, which ended in Bruno's acquittal in July.

  • August 28, 2014

    Trusts Want Picard's $10M Clawback Suit Tossed

    Trusts seeking to kill a $10 million clawback suit by Madoff wind-down trustee Irving Picard have reiterated their case for dismissal on grounds that Picard’s failure to allege bad faith dooms the suit, based on their reading of an April ruling by Judge Jed Rakoff.

  • August 28, 2014

    Madoff Investors Sue Picower Estate For $11B In Ponzi Losses

    Victims of Bernard Madoff's Ponzi scheme launched a putative securities class action in Florida federal court Thursday seeking $11 billion in damages from the estate of Jeffry Picower, alleging he help perpetuate and conceal the fraud.

  • August 28, 2014

    Ex-SC Lawmaker Pleads Not Guilty To Money Laundering

    A former South Carolina state legislator pled not guilty Thursday to federal money laundering and fraud charges for allegedly helping the owner of a paving company conceal assets from an insurer after the company defaulted on a $6 million contract for a highway project.

  • August 28, 2014

    Banks Are Victims In Fraudulent Loan Suit, 9th Circ. Rules

    The Ninth Circuit has affirmed orders of restitution to CitiGroup Inc. and JPMorgan Chase & Co. by a man convicted of making fraudulent property-loan applications, saying that the crimes infringed on the banks' property rights and so require restitution under the Mandatory Victim Restitution Act.

  • August 28, 2014

    TD Bank Challenges $7M Settlement With Rothstein Investor

    TD Bank NA on Tuesday objected to the enforcement of a $7 million settlement with a former investor in Scott Rothstein's $1.2 billion Ponzi scheme, saying that though they had agreed in principal on a deal, the parties had not yet hammered out an order enforcing the terms of the settlement.

  • August 28, 2014

    Man Indicted For $160M Hotel Scam Tied To Visa Program

    A Chicago businessman allegedly enticed hundreds of Chinese investors hoping for U.S. residency to pump $160 million into a sham hotel project by manipulating a U.S. visa program, keeping millions in fees for himself, according to an indictment handed down in Illinois federal court.

  • August 28, 2014

    Justices Urged To Set High Bar For Threat-Speech Convictions

    People for the Ethical Treatment of Animals and a handful of pro-life groups urged the U.S. Supreme Court on Thursday to set a strong bar for threat-speech convictions, saying a recent Third Circuit decision that ignores speakers' intent would chill the speech of activists and weaken the First Amendment.

  • August 28, 2014

    Seeking Retrial, Stock Scheme Atty Says Gov't Hid SEC Docs

    An attorney convicted of participating in former NFL player Willie Gault's scheme to inflate a heart-monitoring company's stock took another shot at a retrial Wednesday, telling a Florida federal judge that newly produced U.S. Securities and Exchange Commission documents reveal the government suppressed evidence.

  • August 28, 2014

    Pa. Atty Loses Appeal Of Unauthorized Practice Conviction

    A Pennsylvania appeals court on Tuesday upheld the conviction and sentencing of an attorney charged in Allegheny County for illegally continuing to represent two of his clients after he was disbarred in the state in January 2009.

  • August 27, 2014

    UCLA Prof's Nepotism Not Criminal, Calif. Appeals Court Says

    A California appeals court ruled on Wednesday that a faculty member at the University of California, Los Angeles, may not be criminally prosecuted for helping his wife get hired as a program assistant for a four-week summer course, saying the matter isn’t one of "statewide concern."

  • August 27, 2014

    JPMorgan Chase, Several Other Banks Attacked By Hackers

    JPMorgan Chase & Co. and several other banks have reportedly been hit by coordinated hacker attacks this month, prompting a federal investigation, though the significance of the breaches remained unclear.

  • August 27, 2014

    9th Circ. Keeps SEC's $10M Win Against Ex-Brookstreet CEO

    The Ninth Circuit on Wednesday refused to reverse a $10 million securities fraud ruling against Brookstreet Securities Corp.’s former CEO, deciding the U.S. Securities and Exchange Commission could hold him liable for the actions of brokers he hired who sold risky investments.

  • August 27, 2014

    Texas Court Says Banks Can't Make DA Pay For Records

    A Texas appeals court on Tuesday rejected a bank’s argument that it should be compensated for producing account-holder records as part of grand jury subpoenas, holding there was no unconstitutional taking of property.

  • August 27, 2014

    NJ To Fight New Misconduct Trials Over Public Worker Abuses

    Prosecutors will appeal a New Jersey judge's decision handing new, separate trials to former Passaic Valley Sewerage Commission employees who were found guilty of official misconduct for deploying subordinates to perform work at private residences while they were on the clock.

  • August 27, 2014

    9th Circ. Largely Affirms Exec's Ponzi Scheme Conviction

    The Ninth Circuit on Wednesday largely upheld the convictions and sentence of a California man involved in a $20 million Ponzi scheme that caused $16 million in investor losses, affirming a lower court's rejection of his bid for a new trial but overturning his convictions on three mail fraud counts.

  • August 27, 2014

    Contractor Wins Partial Toss Of Shoddy-Truck FCA Suit

    A company facing fraud charges over a contract to build armored trucks for the U.S. military in Iraq dodged several claims in a related whistleblower’s suit that alleges it sold substandard trucks when a Virginia federal judge whittled down the suit on Tuesday.

  • August 27, 2014

    2nd Circ. Says No Bias In Fuel Cell Fraudster's Trial

    The Second Circuit on Wednesday affirmed a New York man's conviction for scamming $485,000 from investors who were told they were investing in the assets of a bankrupt fuel cell company, saying alleged government misconduct did not “permeate” the trial and was mostly harmless.

  • August 27, 2014

    City Scrutinizes Accounts After Treasurer's Theft Charges

    Officials in Pennsylvania’s financially beleaguered capital city said Wednesday that they were taking special precautions to ensure that its treasurer, who was charged this week for stealing more than $8,000 from a nonprofit he helped helm, had not also misappropriated any city money.

  • August 27, 2014

    China Resources Suspends President Pending Investigation

    China Resources Power Holdings Co. Ltd. has suspended its president after finding out that he is under investigation by Chinese authorities, it said in an investor filing on Tuesday.

Expert Analysis

  • Barko Muzzled, But Attorney-Client Info Remains At Risk

    Andrew Irwin

    There can be no assurance that the D.C. Circuit’s decision in Barko v. Halliburton Co. will lead courts in other jurisdictions to reach similar results — particularly in jurisdictions outside the U.S. where multinational corporations may well face efforts to compel disclosure of attorney-client information, say attorneys with Steptoe & Johnson LLP.

  • Del.’s Adoption Of Garner — And Practical Ways To Respond

    Bruce A. Ericson

    A Delaware Supreme Court decision in a Wal-Mart shareholder suit connected to alleged bribery may breathe new life into the Garner doctrine and serves as a reminder of the fragility of the attorney-client privilege, say Bruce Ericson and Dorothy Kaslow of Pillsbury Winthrop Shaw Pittman LLP.

  • A 2014 US-UK Criminal Competition Law Roundup

    Trupti Reddy

    Recent developments indicate that the regulatory mood in the United States and U.K. is increasingly shifting toward going after not only companies involved in cartel activity, but also individuals working at those companies, say Trupti Reddy and Chime Metok Dorjee of Edwards Wildman Palmer UK LLP.

  • Medical Directors At Risk Under Anti-Kickback Statute

    Steve Grimes

    Over the years, the scope of prohibited conduct covered by the Anti-Kickback Statute has expanded, giving the federal government extraordinary power to investigate and prosecute those suspected of putting their own financial well-being ahead of their patients’ care, say Steve Grimes and Dan Rubinstein of Winston & Strawn LLP.

  • Fresenius Opens Door To FCA Tax Breaks

    Lawrence Hill

    Fresenius Medical Care Holdings Inc. v. U.S, recently decided by the First Circuit, opens the door for corporations to seek deductions for the double damages portion of False Claims Act awards in the absence of a tax characterization agreement, say attorneys with Shearman & Sterling LLP.

  • Recent FTAIA Cases Leave Important Questions Unresolved

    Jeffrey Jacobovitz

    In the last five months, three circuit courts have interpreted the Foreign Trade Antitrust Improvements Act, with some staking out differing positions on important aspects — namely, the requirement that foreign anti-competitive conduct have a direct effect on U.S. commerce in order to fall outside the FTAIA's general exemption for foreign conduct, say Jeffrey Jacobovitz and David Hobson of Arnall Golden Gregory LLP.

  • AKS Unlikely To Be Raised Over Pharma Discount Sales

    Stephanie Trunk

    A recently issued opinion from the U.S. Department of Health and Human Services' Office of Inspector General assented to a drug manufacturer’s online discount program for branded drugs, making discount and referral arrangements less likely to raise concerns when they avoid federal reimbursement systems, say Stephanie Trunk and Brian Schneider of Arent Fox LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • From Landlord To Locked Up: The Long Arm Of The SCRA

    Kirk D. Jensen

    While financial institutions — including private equity firms — rarely think of themselves as landlords, they may be subject to a narrow window of exposure under the eviction provisions of the Servicemembers Civil Relief Act, violations of which can lead to severe penalties, including incarceration, say attorneys with BuckleySandler LLP.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.