White Collar

  • March 3, 2015

    Petraeus Pleads Guilty To Giving Mistress Secret War Docs

    Former CIA Director David H. Petraeus has pled guilty to a federal charge of giving classified information on the war in Afghanistan to his mistress and biographer Paula Broadwell during his time at the intelligence agency's helm, court documents filed on Tuesday show.

  • March 2, 2015

    High Court May Blunt Favored Anti-Corruption Weapon

    The U.S. Supreme Court’s decision to hear an appeal by a Baltimore police officer convicted of taking kickbacks could make it more difficult for prosecutors to charge people who bribe public officials under the Hobbs Act, a favored tool in state and local corruption cases.

  • March 2, 2015

    Man Gets 9 Years For Defrauding Military SubContractors

    A federal judge sentenced an employee of multinational construction and engineering company Day & Zimmerman LLC to nine years in prison Monday following his December conviction for using a shell company to engage in two schemes, one of which defrauded a military subcontractor of $600,000.

  • March 2, 2015

    Feds Want 3-Month Reprieve In SEC Suit Against SAC's Cohen

    As the Second Circuit mulls appeals of its recent decision on the limits of insider-trading convictions, Preet Bharara's office has asked the SEC to hold off for three more months on an administrative proceeding against SAC Capital Advisors' Steve Cohen, according to a letter obtained by Law360.

  • March 2, 2015

    2 Mental Health Workers Get 6 Years In $63M Fraud Case

    A Florida federal judge has sentenced two former employees of a defunct Miami mental health care provider to six years each in prison for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme, the Department of Justice announced on Friday. 

  • March 2, 2015

    Wilmington Trust Criminal Probe May Be Close To Completion

    March could be a cruel month for former Wilmington Trust Co. officers if a federal probe into what prosecutors have called a "bank-wide scheme” to conceal past due and non-performing real estate loans in a portfolio exceeding $1.7 billion bears fruit.

  • March 2, 2015

    Debevoise Picks Up Top Brooklyn Federal Prosecutor

    A top Brooklyn federal prosecutor has left her position for white collar shop Debevoise & Plimpton LLP, the firm confirmed on Monday.

  • March 2, 2015

    Ballard Spahr Snags Ex-Las Vegas DA As New Partner

    Ballard Spahr LLP has lured a former Las Vegas chief deputy district attorney who's well-known for his high-profile work in white collar criminal defense, product liability, insurance and health law to become a new partner in its Phoenix office.

  • March 2, 2015

    Pa. Justices Scrutinizing Nonprofit Atty Reporting Duties

    The Pennsylvania Supreme Court unsealed documents on Monday showing that it accepted an appeal in December over whether attorneys for nonprofit entities have a duty to disclose suspicions of illegal activity by their clients to the state’s Office of Attorney General.

  • March 2, 2015

    Ex-Philly Judge In Ticket Scandal Wants Interim Jail Release

    An ex-Philadelphia Traffic Court judge convicted of perjury and sentenced to a 20-month prison term for his role in a scheme to fix traffic tickets for friends, relatives and the politically connected is asking to be released from jail while he pursues an appeal.

  • March 2, 2015

    Associated Bank Back On Hook In $190M Crown Forex Fraud

    The Eighth Circuit has revived claims that Associated Bank NA aided in part of a $190 million Ponzi scheme, saying the contention that Associated gave “substantial assistance” in the scheme was, in fact, adequately pled.

  • March 2, 2015

    D'Souza Must Exit Confinement Before Requesting India Trip

    A Manhattan federal judge said Monday that Dinesh D’Souza must complete his time in a San Diego, California, halfway house before the controversial pundit, who is serving a probationary sentence after admitting to violating federal campaign finance law, can have his request to travel to India considered.

  • March 2, 2015

    SEC Wants Ex-Ameriprise Advisers Dinged Over Insider Claims

    The U.S. Securities and Exchange Commission asked a Pennsylvania federal judge Friday to punish a former Ameriprise Financial Services Inc. adviser — who has already been convicted for insider trading — along with a colleague for using confidential information to buy stock in an insurance company.

  • March 2, 2015

    Congressman Introduces Bill To Ban Insider Trading

    Responding to what he called the Second Circuit’s “ill-advised” Newman decision and the lack of “clear-cut” laws governing insider trading, Rep. Stephen F. Lynch, D-Mass., on Friday introduced a bill to make it a federal crime to purchase or sell securities based on material inside information.

  • March 2, 2015

    High Court To Weigh Conspiracy In Police Kickback Scheme

    The U.S. Supreme Court has agreed to hear an appeal from a Baltimore police officer convicted for his role in a kickback scheme, who argues that in order to sustain a conspiracy charge, the government must allege the conspirators agreed to obtain property from someone outside the conspiracy.

  • February 27, 2015

    Ex-Hospice Exec. Indicted In Medicare Fraud Scheme

    A federal grand jury on Thursday indicted the former head of a Pittsburgh-area hospice on a count of health care fraud in connection with improper Medicare and Medicaid billings for patients who were not actually terminally ill.

  • February 27, 2015

    Ex-NJ Power Broker Can't Kill Surprise Testimony In Trial

    Former New Jersey Democratic power broker Joseph A. Ferriero on Friday failed to nix damaging, surprise testimony in his bribery and racketeering trial from a onetime mayor who said the attorney pressured him to raise political funds as contrition for seeking a legislative seat without his permission.

  • February 27, 2015

    Ex-Aide To Texas Lt. Gov. Gets 7 Years For Embezzlement

    A onetime adviser to former Texas Lt. Gov. David Dewhurst was handed a seven-year prison sentence on Friday after admitting to charges of wire fraud, making a false tax return and embezzling more than $2.5 million in campaign funds. 

  • February 27, 2015

    Bank Regulators Watching NY's Money Laundering Crackdown

    A coming New York state proposal to require top bank executives to personally attest to the quality of their institutions’ anti-money-laundering policies represents a major escalation of pressure on firms to prevent financial crimes that will be closely watched by other regulators, experts say.

  • February 27, 2015

    $3M Medicare Billing Scheme Gets NY Man 7 Years

    A New York man who pled guilty to attempting to defraud Medicare of $3.3 million through a false billing scheme was sentenced Friday to over seven years in prison, according to a statement released by the U.S. Department of Justice.

Expert Analysis

  • DOJ Is Losing The Battle To Prosecute Foreign Executives

    Lauren Briggerman

    The U.S. Department of Justice has yet to extradite a single executive in the auto parts investigation who refuses to voluntarily enter the United States to face charges. As a result, foreign executives from certain countries — particularly in Asia — who refuse to plead guilty may be beyond the reach of U.S. prosecutors, say attorneys with Miller & Chevalier Chtd.

  • Refusal Of Fokker DPA Provides 3 Lessons For Counsel

    Thomas Zeno

    As shown by the D.C. federal court's recent refusal of a deferred prosecution agreement in U.S. v. Fokker Services BV, the government’s blessing is not the last hurdle to resolution of an international corruption investigation, even when a company provides self-disclosure of its conduct, say Thomas Zeno and Rebecca Worthington of Squire Patton Boggs LLP.

  • Yates Ruling Is The Wrong Response To Overcriminalization

    Randall Eliason

    The worst way to respond to overcriminalization is for courts artificially to narrow criminal statutes through results-oriented decisions that ignore the plain language of the law and ultimately lead to irrational results. Unfortunately, that’s exactly what the U.S. Supreme Court did last week in Yates v. United States, says Randall Eliason, a law professor and former federal prosecutor.

  • A Warning To Tech-Savvy Prosecutors

    Daniel Wenner

    As the recent Washington Supreme Court case Washington v. Walker illustrates, visual aids such as PowerPoint presentations make it all too tempting to cross the line from persuasive to prejudicial, say Daniel Wenner and Sunita Paknikar of Day Pitney LLP.

  • Yates: A Welcome End To Prosecutorial 'Fishing' Expedition

    Diana Lloyd

    In this week's ruling in Yates v. U.S., the U.S. Supreme Court reinforced the principle that the language of a statute must be analyzed in an appropriate context and, more importantly, put a damper on prosecutors’ dangerous trend toward applying certain statutes to criminalize behavior beyond what one would reasonably understand to be prohibited, says Diana Lloyd of Choate Hall & Stewart LLP.

  • Lenity And Deference On A Collision Course

    Michael Y. Kieval

    It is clear that at least two U.S. Supreme Court justices are willing to address the issue of deference to the agency interpretation of criminal or hybrid statutes. It is less clear whether the court is interested in curbing the use of administrative adjudication to make law. Both of these trends carry particular importance for the financial services industry, say attorneys with Weiner Brodsky Kider PC.

  • Recent Lessons In Anti-Money Laundering Compliance

    Emily P. Gordy

    Chief compliance office liability continues to be one of the hottest topics in the regulatory community. Two recent enforcement actions against anti-money laundering compliance officers not only highlight the issue but also offer a number of lessons for any current or prospective AMLCO, say Emily Gordy and Renée Kramer of Shulman Rogers Gandal Pordy & Ecker PA.

  • UN Africa Report Reveals Startling Illicit Financial Flows

    Stephanie Keene

    A new, comprehensive report concludes that Africa loses more than $50 billion every year to illicit financial flows. African states are likely to devote increasing resources to the passing of new legislation concerning trade mispricing, transfer pricing and financial transparency obligations in the future, says Stephanie Keene of Covington & Burling LLP.

  • Sheldon Silver May Be Able To Beat This

    Edward J. Loya Jr.

    As difficult as the corruption case against former New York State Assembly Speaker Sheldon Silver might seem, a closer review suggests that Silver and his lawyers may have a shot at a successful defense — particularly in light of the fact that the government at this stage cannot present the testimony of a single witness who has pled guilty to participating in the alleged unlawful “schemes,” says Edward J. Loya Jr., counsel at Venab... (continued)

  • 2nd Circ. Lays Out New Rules For Restitution

    Harry Sandick

    The Second Circuit's recent ruling in U.S. v. Cuti seems to place a notable limitation on the ability of a victim of white collar crime to recover expenses incurred in the course of investigating and reporting the defendant’s criminal activity. This decision does not take into account how internal investigations are typically conducted when the allegations concern wrongdoing by senior management, say attorneys with Patterson Belkna... (continued)