White Collar

  • May 27, 2016

    Searching Old Data OK In ‘Good Faith,’ Full 2nd Circ. Rules

    In a blow to privacy advocates, the full Second Circuit on Thursday said federal agents did not exceed their authority and acted in "good faith" when searching three-year-old copies of the hard drives of a Connecticut accountant facing tax fraud charges, who said the data should have been deleted because it was obtained in a separate investigation.

  • May 27, 2016

    The Revolving Door: 6 Tips For Prosecutors Switching Sides

    The lure of a well-compensated gig in private practice has for years coaxed many a government lawyer to make the move through the revolving door to the defense side, but former prosecutors say departing public attorneys should be prepared to roll up their sleeves and embrace a different frame of mind.

  • May 27, 2016

    Airgas Subsidiary To Pay $7M For Hazmat Violations In Fla.

    A Miami-based subsidiary of gas distributor Airgas Inc. was ordered to pay $7 million in penalties as a result of violations of the Hazardous Materials Transportation Act and related law that resulted in the deaths of three port workers, under a sentence imposed in Florida federal court on Thursday.

  • May 27, 2016

    NJ Couple Faces Prison, Civil Fine Over Alleged Ponzi Scheme

    A New Jersey couple who purportedly owned a hedge fund was hit with criminal charges and a hefty civil penalty Friday for allegedly collecting money from two dozen investors and spending it on a lavish lifestyle as part of a Ponzi scheme that netted nearly $600,000 from victims.

  • May 27, 2016

    Money Laundering Inspectors Turn Up Heat On UK Law Firms

    The U.K. legal sector is under scrutiny over its ability to protect itself from money laundering and terrorist financing risks, according to a new HM Treasury report, reflecting a growing national anti-corruption agenda in the wake of the Panama Papers scandal.

  • May 27, 2016

    Dewey's DiCarmine Taps Seward & Kissel, Drops Plan To Rep Himself

    Former Dewey & LeBoeuf LLP executive director Stephen DiCarmine on Friday dropped his longtime counsel at Bryan Cave LLP in favor of Seward & Kissel LLP, for a coming retrial over a purported scheme to con the law firm’s financial backers out of tens of millions of dollars before it collapsed in 2012.

  • May 26, 2016

    Sens. Move To Set Limits On Feds' Overseas Data Demands

    A bipartisan trio of senators on Wednesday took another stab at clearing up the debate over the U.S. government's ability to access user data stored abroad by rolling out a revamped legislative proposal that would establish a blanket warrant requirement and reform the process for cooperating with foreign governments on such demands.

  • May 26, 2016

    1st Circ. Finds Steak Promise Enough For Insider Trading

    The First Circuit on Thursday upheld a criminal defense attorney’s insider trading conviction, saying that, although the Second Circuit’s Newman decision requires tippers to receive personal benefits, prosecutors’ allegation that the lawyer offered to buy his source a steak dinner was enough for the charges to stick.

  • May 26, 2016

    Microsoft Warrant Row Unaltered By EU Regs, 2nd Circ. Told

    The U.S. government says Microsoft is wrong to suggest that the European Union’s recent passage of sweeping data protection reforms has any bearing on a hotly contested Second Circuit dispute over whether the government can use a search warrant to access consumer data stored overseas.

  • May 26, 2016

    Accused Sports Agent Says FBI Put Words In His Mouth

    An immigrant sports agent accused of helping smuggle Cuban-born baseball players into the U.S. asked a Florida federal judge to force prosecutors to hand over investigation notes, arguing there is no way he made some of the statements attributed to him because they sound like they were uttered by law enforcement.

  • May 26, 2016

    DOI Says French Sale Of Tribal Objects Very ‘Troubling’

    The head of the U.S. Department of the Interior joined a growing chorus of objections Thursday to a French auction house’s planned sale of Native American cultural artifacts, with Secretary Sally Jewell urging the French government to help reunite the tribes with objects they view as sacred.

  • May 26, 2016

    Gov. Christie Nominates NJ Acting AG As Judge

    New Jersey Gov. Chris Christie on Thursday nominated Acting Attorney General Robert Lougy for a judge position in the state's superior court system, just three months after promoting him to serve as the state’s top law enforcement official.

  • May 26, 2016

    Chamber Report Says Yates Memo Discourages Cooperation

    The U.S. Department of Justice runs the risk of discouraging corporations from cooperating with investigations under the so-called Yates Memo, the U.S. Chamber of Commerce's Institute for Legal Reform said in a report Thursday, arguing that workers could be pitted against their employers under the policy.

  • May 26, 2016

    ACLU Wants Piece Of Microsoft Fight Over Gov't Gag Orders

    The American Civil Liberties Union on Thursday asked a Washington state federal court for permission to join Microsoft’s challenge to the constitutionality of gag orders that prevent service providers from telling their customers about law enforcement demands for access to user data, arguing that this may be the group's only opportunity to mount such a fight.

  • May 26, 2016

    Fraud Suit Off-Base, Kluger Peretz Attys Tell 11th Circ.

    Three Kluger Peretz Kaplan & Berlin PL attorneys told the Eleventh Circuit on Wednesday that a Florida district court properly tossed allegations that they helped con man Edward Okun obtain a $7 million loan, saying there’s no proof that they did anything more than advise him.

  • May 26, 2016

    Ex-Becker & Poliakoff Atty Charged With Money Laundering

    Alan Koslow, a former Becker & Poliakoff shareholder and a lobbyist, was charged Thursday in Florida federal court with laundering money he allegedly thought was generated from an illegal gambling business and drug sales.

  • May 26, 2016

    Ex-Summit Wealth Owner Pleads Guilty In $35M Fraud Scheme

    The former owner of Summit Wealth Management pled guilty Thursday to conspiring with a business partner in a fraud scheme that cost investors in his funds as much as $35 million when their investments were used to pay earlier customers and his personal expenses.

  • May 26, 2016

    Baseless Criminal Charges Cost Contractor $220M, Suit Says

    The federal government pursued a baseless criminal investigation of a former contractor for the U.S. president’s helicopter squadron, resulting in a dismissed indictment and costing the company more than $220 million, according to a Louisiana federal suit Thursday.

  • May 26, 2016

    Fattah Pushed For Friend's Appointment, Sen. Tells Jury

    A U.S. senator was called into federal court in Philadelphia on Wednesday to testify for prosecutors accusing Rep. Chaka Fattah, D-Pa., of taking bribes from a friend in exchange for his ultimately unsuccessful efforts to secure an ambassadorship from President Barack Obama.

  • May 26, 2016

    Pa. Woman Pleads To $54M Green Energy Ponzi Scheme

    One of the founders of a failed Pennsylvania green energy company accused of running a $54.5 million Ponzi scheme and selling bogus securities pled guilty in Pennsylvania federal court Tuesday to conspiracy and fraud charges, according to court documents.

Expert Analysis

  • How Criminal Rule 4 Is Changing

    Daniel Prince

    After consideration by the U.S. Judicial Conference’s Advisory Committee on the Federal Rules of Criminal Procedure, a public comment period, litigation in district and appellate courts, and review by the U.S. Supreme Court, the U.S. Department of Justice may not have to wait much longer to serve federal criminal summons on foreign corporations, say attorneys with Paul Hastings LLP.

  • Regulators Are Widening The Spoofing Net

    Jonathan Flynn

    A U.S. Department of Justice official recently expressed his view that spoofing is widespread in the commodities and derivatives markets in addition to the equities markets, likely leading to an uptick in spoofing cases going forward. With the new anti-spoofing authority given to the U.S. Commodity Futures Trading Commission, and the DOJ’s recent interest, we agree with this assessment, say attorneys with Cadwalader Wickersham & Taft LLP.

  • The Alan West Story: Why An Innocent Man Pled Guilty

    Gregory Morvillo

    The statistics, common knowledge, and the cautionary tale of Alan West demonstrate that which the U.S. Supreme Court recognized and Judge Jed Rakoff gave public voice to: sometimes innocent people plead guilty to crimes they do not commit, say Gregory Morvillo and Caitlin Sikes of Morvillo LLP.

  • Inside FinCEN’s Beneficial Ownership Final Rule

    Jacqueline M. Allen

    Institutions covered by the Financial Crimes Enforcement Network’s recently published final rule extending customer due diligence requirements may need to amend their Bank Secrecy Act programs to include a new fifth pillar to the traditional “four pillars” of an effective anti-money laundering program. It is also important to keep in mind that federal functional regulators may set their own, additional supervisory expectations, say... (continued)

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Chicago Restaurant Tax Case Highlights Broad DOJ Authority

    Instead of charging Title 26 offenses against Chicago restaurant owner Hu Xiaojun, the government transformed this garden-variety criminal tax case into a wire fraud and money laundering case by focusing on the defendant’s failure to pay state sales taxes, says Matthew Lee of Blank Rome LLP.

  • Who Won In High Court's Luis Decision?

    James J. Bell

    Obviously, the Sixth Amendment’s right to counsel was a big winner after the U.S. Supreme Court's decision in Luis v. United States. But practically speaking, there may be no winners, says James Bell of Paganelli Law Group LLC.

  • Does Mickelson Case Signal A New SEC Insider Trading Rule?

    Thomas O. Gorman

    Absent allegations that he violated the insider trading laws, there does not appear to be any reason for professional golfer Phil Mickelson to be named as a party in a recently announced insider trading case — unless the U.S. Securities and Exchange Commission is rewriting insider trading law, says Thomas Gorman, a partner at Dorsey & Whitney LLP and former senior counsel in the SEC Division of Enforcement.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • New Corporate Offenses In UK: What US Cos. Should Know

    Susannah Cogman

    The U.K. government's intention to create new corporate offenses as part of the fight against corruption would be a very significant initiative, both from the perspective of the criminal exposure of corporate entities and from the perspective of the scale of the compliance programs that they must implement. U.S. practitioners will need to be aware of the likely extraterritorial scope of these offenses, say Susannah Cogman and James... (continued)