White Collar

  • August 28, 2015

    FBME Money Laundering Injunction Is Win For Transparency

    A federal judge’s ruling that FBME Bank Ltd. was entitled to more information about how the government determined it was a threat to the U.S. financial system could bring more transparency to the process, but will not set a major obstacle to future designations or save FBME.

  • August 28, 2015

    Ex-Va. Gov. Duels With Feds Over Bail At High Court

    Former Virginia Gov. Bob McDonnell and Solicitor General Donald Verrilli are tussling over whether McDonnell should remain free while the nation's highest court weighs his bid to appeal his bribery convictions.

  • August 28, 2015

    Some AIG Docs Protected In MF Global Fight, Judge Rules

    A New York judge has said insurers including an American International Group Inc. subsidiary can shield some documents lawyers produced while investigating a claim by MF Global Inc. for a $141 million futures trading loss in a coverage suit.

  • August 28, 2015

    Law360's Privilege Primer For Global Cartel Probes

    Cartel enforcement has become increasingly globalized over the past decade, but attorney-client privilege has not necessarily followed in the wake of that expansion. That means that global companies need to know what kinds of materials, and which types of attorneys, will qualify for privilege in different countries. Here, Law360 takes a look at the rules for some top cartel jurisdictions.

  • August 28, 2015

    Pa. AG Kane Faces Suspension Of Law License

    Embattled Pennsylvania Attorney General Kathleen Kane, who is facing criminal charges for allegedly leaking confidential grand jury information, faces an emergency suspension of her law license that could lead to her removal from office, according to reports Friday.

  • August 28, 2015

    Madoff Trustee Defends $213M Clawback Suit Against Legacy

    The trustee overseeing the liquidation of Bernie Madoff's fraudulent investment firm on Thursday defended his clawback suit seeking recovery of at least $213 million from account holder Legacy Capital Ltd., telling a New York judge that several red flags must have tipped off Legacy to Madoff's scheme.

  • August 28, 2015

    ‘Flash Crash’ Trader Can’t Stall Extradition Case, Court Says

    The U.K. trader accused of causing the 2010 flash crash on Wall Street lost his bid to postpone an extradition hearing in a London court when the judge on Friday denied his request for time to find an expert witness, according to multiple reports.

  • August 28, 2015

    Swiss Bank Strikes Deal With DOJ For Aiding Tax Evasion

    Another Swiss bank has struck a deal with the U.S. Department of Justice to avoid prosecution for helping account holders evade U.S. taxes, agreeing to pay over half a million dollars as part of the settlement, the DOJ said Thursday.

  • August 27, 2015

    Ex-Rep. Schock Told To Hand Over Docs In Grand Jury Probe

    An Illinois federal judge on Thursday ordered former U.S. Rep. Aaron Schock to produce a trove of documents from his time in Congress for a private review, a day after the U.S. Department of Justice derided his claims that the records weren’t covered by a grand jury subpoena.

  • August 27, 2015

    Newman, Chiasson Fight SG's Supreme Court Cert. Bid

    Todd Newman and Anthony Chiasson, the hedge fund managers whose insider-trading convictions were famously overturned by a federal appeals court in December, both urged the Supreme Court this week not to extend the life of the case just so that the solicitor general could take a stab at a moot point.

  • August 27, 2015

    Exec’s Son Can’t Recoup Metal-Smuggling Cash, Feds Say

    The U.S. Department of Justice told a New York federal court Wednesday that a metal company executive’s son can’t reclaim money his father forfeited after pleading guilty to a scheme to smuggle magnesium later supplied to a government contractor, arguing he didn’t own the account from which the sum was taken.

  • August 27, 2015

    Ex-Bryan Cave Atty Wants Firm To Cover $2.5M Fraud Defense

    Bryan Cave LLP doesn’t carry professional malpractice insurance for its individual attorneys, a former employee said in a New York state court suit Wednesday, demanding at least $2.5 million for his criminal defense of charges related to an alleged scheme to buy Maxim magazine.

  • August 27, 2015

    Ex-Telecom Heads Can't Nix SEC’s Witness In FCPA Case

    A New York federal judge will allow a deposition of the Macedonian secret service’s ex-chief in the Foreign Corrupt Practices Act trial of three former executives of a Hungarian telecommunications company, ruling the deposition’s problems do not doom the testimony.

  • August 27, 2015

    Home Health Co. Owners Charged With $6M Medicare Fraud

    A federal grand jury has indicted the owners of a Chicago home health care business and others on 23 counts that they allegedly defrauded Medicare of more than $6 million following a kickback scheme, prosecutors said Thursday.

  • August 27, 2015

    CFTC Can Restart Claim Against Convicted Ex-Sentinel CEO

    The U.S. Commodity Futures Trading Commission can seek a civil judgment against former Sentinel Management Group Inc. CEO Eric A. Bloom while he appeals his 2014 conviction for running a scheme that bankrupted the investment firm and cost victims $665 million, an Illinois federal judge ruled Thursday.

  • August 27, 2015

    Feds Say Fattah Can't Rip Corruption Probe At Trial

    A Pennsylvania federal judge was urged Wednesday to prevent Rep. Chaka Fattah, D-Pa., from raising arguments during a pending corruption trial suggesting that he'd been the subject of a politically motivated investigation.

  • August 27, 2015

    IRS Clarifies Penalties For Failing To Report Tax Schemes

    The Internal Revenue Service on Thursday released proposed regulations clarifying penalties that apply to taxpayers who fail to report certain tax avoidance transactions that must be disclosed to the agency, saying 2010 changes to the law have led to confusion.

  • August 27, 2015

    Paterno Estate Wants Pepper Hamilton Docs For Its NCAA Suit

    The estate of former Penn State football coach Joe Paterno, which is suing the NCAA over its discipline of the university in the wake of the Jerry Sandusky sex abuse scandal, asked a Pennsylvania state court judge Wednesday to remove a designation labeling 70,000 pages of documents produced by Pepper Hamilton LLP as confidential.

  • August 27, 2015

    Texas AG's Defense Lawyer Quits After Not Guilty Plea

    After Texas Attorney General Ken Paxton on Thursday entered a not guilty plea in state court to three felony charges that he violated securities laws, his lead defense lawyer asked to withdraw from the case, saying it was no longer tenable for him to represent the state’s top lawyer.

  • August 26, 2015

    Funds Get Bank Treatment In Anti-Money Laundering Proposal

    A new proposal would require asset management firms, hedge funds and other alternative investment vehicles to comply with U.S. anti-money laundering regulations, adding enforcement risks and prompting criticism that the proposal is seeking something most industry players are already doing.

Expert Analysis

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

    Stamps_Robert_01.JPG

    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.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)

  • Microsoft Should Win Privacy Case, Then Congress Should Act

    Nathan Newman

    It is the better part of judicial restraint for courts to defer currently to local privacy rules in cases like the Microsoft Ireland one. Leave it to lawmakers to decide whether and where U.S. prosecutors should be able to reach such user data stored overseas, without unduly tying Congress’ hands with constitutionalized privacy rules that might or might not apply in all cases, says Nathan Newman, director of the nonprofit Data Justice.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • Revised FCPA Resource Guide Leaves Major Gaps

    Eric W. Sitarchuk

    The 2012 Foreign Corrupt Practices Act resource guide did not address the government’s view of the impact of compliance issues, and the new revised version does not address these issues. The changes are more technical than substantive but offer clarity for some accounting and criminal penalties provisions, say Eric Sitarchuk and Alison Tanchyk of Morgan Lewis & Bockius LLP.

  • A Wake-Up Call For Attys On Using Recorded Conversations

    John B. Harris

    The recent arrests of two criminal defense lawyers in Pennsylvania raise thorny questions about what a prudent practitioner in a two-party consent state should do when presented with a recorded conversation that does not, on its face, indicate that all participants have consented, says John Harris of Frankfurt Kurnit Klein & Selz PC.