White Collar

  • August 4, 2015

    Six Charged In $36M Low-Income Housing Fraud In Florida

    Federal prosecutors charged six South Florida residents Tuesday with conspiring to defraud the government of $36 million meant for building low-income housing by inflating the construction costs and pocketing the difference.

  • August 4, 2015

    Dallas Immigration Atty Pleads Guilty To Identity Theft

    A Dallas immigration attorney with a long history of disciplinary actions pled guilty to one count of aggravated identity theft on Tuesday after allegedly using a police officer's information to help her client obtain a visa, according to the U.S. Attorney's Office.

  • August 4, 2015

    Immigration Board Urged To Use Justices' Moral Turpitude Test

    The American Immigration Lawyers Association on Tuesday urged the Board of Immigration Appeals to issue a precedential decision that the categorical and modified categorical approaches set in three U.S. Supreme Court rulings establish the methodology for determining whether a conviction is a crime involving moral turpitude.

  • August 4, 2015

    Gov't Contractor Took Kickbacks For Five Years, DOJ Says

    Federal authorities arrested an Alabama man Tuesday after a federal grand jury in Florida indicted him on charges of accepting illegal kickbacks for his employer, a federal contractor, and for evading taxes.

  • August 4, 2015

    Proskauer, Chadbourne Want 5th Circ. To Nix Ponzi Row

    Proskauer Rose LLP and Chadbourne & Parke LLP on Monday asked the Fifth Circuit to overturn an order denying them immunity in a suit brought by investors who lost money in Robert Allen Stanford’s $7 billion Ponzi scheme, saying a recent Texas Supreme Court decision protects them from the suit.

  • August 4, 2015

    Chinese Corruption Crackdown Hits Top Volleyball Official

    A leading Chinese volleyball official is under investigation for graft, marking the latest target of the country’s sweeping anti-corruption campaign, Chinese government watchdogs said Tuesday.

  • August 4, 2015

    8th Circ. Won't Toss Fraud Conviction Based On Atty Failure

    Finding that a Minnesota businesswoman failed to show her attorney's unquestioning acceptance of a probation officer's report amounted to ineffective assistance of counsel, a split Eighth Circuit panel on Tuesday upheld her 5.5-year federal prison sentence for bank fraud.

  • August 4, 2015

    Calif. Justices Told To Leave Tribal Immunity Ruling Published

    A state appellate decision finding that members of a tribal gaming commission aren’t immune from allegations they improperly fired a former table games dealer who acted as an informant in criminal investigations should remain published, the former dealer has told the California Supreme Court, arguing that the decision follows precedent.

  • August 4, 2015

    Trader Leans On Rakoff Ruling In Insider Trading Defense

    An attorney for Michael Kimelman, co-founder of trading firm Incremental Capital, told a New York federal judge Tuesday that Manhattan District Judge Jed S. Rakoff’s recent ruling in an unrelated civil insider trading suit supports the argument that he didn’t know the tips he allegedly traded on were disclosed for a benefit.

  • August 4, 2015

    Fed. Circ. Fraud Ruling No Sure Thing For Taxpayers

    The Federal Circuit's recent ruling that a third party's intent to evade tax does not give the Internal Revenue Service unlimited time to pursue deficiencies is anything but a certain win for taxpayers, as courts have put forth various interpretations of the statute and it is unclear which will withstand additional scrutiny, experts said.

  • August 4, 2015

    Ex-Massey CEO Can't Ban Explosion Evidence In Trial: Feds

    Federal prosecutors fought back Monday against ex-Massey Energy CEO Don Blankenship's motion to bar an array of evidence from his trial over safety failures that they say led to a 29-death explosion, but told the judge they won't attempt to convince jurors of the explosion's cause.

  • August 4, 2015

    PetroChina Dodges Class Action Over Corruption Claims

    A New York federal judge on Monday threw out a securities class action lawsuit against PetroChina Co. Ltd. that accuses it of failing to disclose corruption at the Chinese oil and gas company, finding the plaintiff-investors failed to establish that company reports contained falsities when they were released.

  • August 4, 2015

    'The Situation's' Brother May Have Funds For Atty, US Says

    U.S. Attorney Paul Fishman wants a federal judge in New Jersey to re-evaluate claims by Marc Sorrentino, brother of Mike “The Situation” Sorrentino, that he needs a court-appointed attorney in the brothers' tax fraud case, despite having what appears to be a cushy real estate job.

  • August 4, 2015

    GE Slips Suit Alleging Role In $3.6B Petters Ponzi Plot

    A New York federal judge tossed a suit Tuesday alleging General Electric Capital Corp. knew about and helped facilitate the $3.6 billion Ponzi scheme orchestrated by Tom Petters, finding that plaintiff Ritchie Capital Management LLC’s claims lacked merit and were already covered by the Petters bankruptcy trustee.

  • August 4, 2015

    Swiss Bank Agrees To DOJ Fine For Aiding Tax Evasion

    Interlaken, Switzerland-based Bank EKI Genossenschaft has agreed to pay a $400,000 penalty to avoid prosecution through the U.S. Department of Justice’s program for Swiss banks that may have helped U.S. citizens avoid paying taxes, the agency announced Monday.

  • August 4, 2015

    House Ethics Panel To Probe Pa. Rep. Following Indictment

    The U.S. House of Representatives’ Ethics Committee on Monday said it is opening an investigation into whether Congressman Chaka Fattah Sr., D-Pa., violated House rules in light of bribery and fraud charges filed in connection with his failed Philadelphia mayoral bid.

  • August 4, 2015

    Utah County Fights Tribe's Sanctions Bid In Boundary Feud

    A Utah county on Monday denied that it has openly defied a scathing Tenth Circuit decision by illegally prosecuting Ute Indian Tribe members for on-reservation offenses, pushing back against the tribe’s bid for sanctions.

  • August 3, 2015

    8th Circ. Denies Ex-Atty's Appeal In Investment Fraud Case

    A Nebraska federal court didn't err in granting summary judgment in favor of the U.S. Commodity Futures Trading Commission after denying multiple requests by a former attorney convicted of participating in a Ponzi scheme, the Eighth Circuit said Monday.

  • August 3, 2015

    Okla. Atty Accused Of Taking Client's $200K Suspended

    Oklahoma attorney Robert J. Nichols, who has been accused of not handing over nearly $200,000 in settlement money to his client, has had his law license temporarily suspended by the Sooner State's Supreme Court after a tribunal found there was sufficient evidence he violated professional conduct rules.

  • August 3, 2015

    Prosecutors Face High Bar In Fraud Case Against Paxton

    The securities fraud charges revealed Monday against Texas Attorney General Ken Paxton could prove to be an uphill battle for special prosecutors, who must meet a higher bar to show that information he kept from clients during his time as an investment adviser was important enough to constitute a criminal omission.

Expert Analysis

  • New Risks To Non-US Banks In American Courts

    Robert P. Reznick

    The law governing the assertion of personal jurisdiction against non-U.S. banks based on U.S.-branch activity is changing rapidly. Some of the currents of change, such as the principle established by the Daimler case, lead in the direction of a lower risk of litigation. Others may lead in the opposite direction, says Robert Reznick of Orrick Herrington & Sutcliffe LLP.

  • RICO Suits Challenge Off-Label Drug Marketing

    John D.W. Partridge

    False Claims Act cases are generally limited to conduct involving government payors, so private payors have recently sought to challenge off-label promotion of drugs using a different legal vehicle: the federal Racketeering Influenced and Corrupt Organizations Act, say John Partridge at Gibson Dunn & Crutcher LLP and attorney Jason Stavers.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Putting The Brakes On Newman: 3 Recent Rakoff Decisions

    David I. Miller

    Judge Jed Rakoff’s recent instructive decisions have set the stage for a closer analysis of Newman’s potential effect on future insider trading cases. Indeed, in its petition for a writ of certiorari, the government uses Judge Rakoff’s decisions to support its arguments to the U.S. Supreme Court, say attorneys with Morgan Lewis & Bockius LLP.

  • China’s Focus On Commercial Bribery Is A Wake-Up Call

    Alex Brackett

    Earlier this month, six former employees of Tencent Holdings Ltd. were detained by Chinese authorities as part of a bribery investigation relating to payments made by online video content providers to Tencent employees. This case should remind companies that anti-corruption compliance involves more than just mitigating the risk of official bribery, say Alex Brackett and Ryan Bonistalli of McGuireWoods LLP.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Sports Espionage Brings Great Risks For Both Spy And Victim

    Sekou Lewis

    Two recent events reveal how high-tech espionage concerning carefully guarded team data is a new form of cheating that poses a real threat, say Sekou Lewis and Matthew Tamasco of Schnader Harrison Segal & Lewis LLP.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.