White Collar

  • January 26, 2015

    Ex-CIA Agent Found Guilty Of Espionage For Leaks To NYT

    A former CIA agent was convicted of espionage Monday by a Virginia federal jury for releasing classified information to New York Times reporter James Risen that was later published in Risen's 2006 book, "State of War: The Secret History of the CIA and the Bush Administration."

  • January 26, 2015

    Ex-TD Bank VP Mired In Rothstein Fallout Cuts Deal With SEC

    A Florida federal judge on Monday approved a consent judgment against former TD Bank regional vice president Frank Spinosa, who was accused by the U.S. Securities and Exchange Commission of defrauding investors as part of attorney Scott Rothstein's $1.2 billion Ponzi scheme.

  • January 26, 2015

    SDNY Fraud Task Force Prosecutor Joins Latham

    Latham & Watkins LLP has hired a veteran federal prosecutor from the Securities and Commodities Fraud Task Force of the Southern District of New York.

  • January 26, 2015

    SEC Backs Bharara In 2nd Circ. Insider Trading Appeal

    The U.S. Securities and Exchange Commission on Monday asked the Second Circuit for leave to file an amicus brief in Manhattan U.S. Attorney Preet Bharara's appeal for an en banc review of the landmark ruling that vacated the insider trading convictions of two hedge fund managers.

  • January 26, 2015

    AmeriFirst Con Man Asks High Court To Review His Sentence

    Convicted securities fraudster Jeffrey Charles Bruteyn has asked the nation's top court to review his 25-year prison sentence for bilking investors out of $50 million, pointing out that the “leader” of the AmeriFirst Funding Corp. scam, the defunct company's owner Dennis Woods Bowden, received a sentence nine years shorter.

  • January 26, 2015

    Convicted 'Kids for Cash' Atty Disbarred In Pa.

    A Pennsylvania attorney who pled guilty over his role in the Luzerne County “kids for cash” scandal and has been suspended from practicing law since 2009 had his formal resignation from the bar accepted on Friday.

  • January 26, 2015

    Ex-Simpson Thacher Clerk Denies Insider Trading Charges

    A former Simpson Thacher & Bartlett LLP clerk was arraigned Monday on securities fraud charges over his role in an alleged $5.6 million insider trading scheme that utilized confidential information on impending deals handled by the firm.

  • January 26, 2015

    McDonnell Remains Free Pending 4th Circ. Appeal

    The Fourth Circuit ruled Monday that Virginia's former governor, Bob McDonnell, can wait to begin serving his two-year sentence for accepting gifts in exchange for promoting a donor's health supplement while he appeals it.

  • January 26, 2015

    Nifty Fifty's CPA Pleads Guilty In $15M Tax Fraud Scheme

    The accountant for Pennsylvania and New Jersey restaurant chain Nifty Fifty’s on Monday pled guilty to helping the business hide more than $15 million in revenue from the IRS.

  • January 26, 2015

    High Court Rejects Ex-BP Exec's Appeal In Obstruction Case

    The U.S. Supreme Court on Monday summarily refused to hear an appeal by a former BP PLC executive accused of lying about how much oil was spilling after the Deepwater Horizon disaster, letting stand a Fifth Circuit ruling that revived a criminal obstruction of Congress charge against him.

  • January 23, 2015

    Orrick Adds 2 Ex-DLA Piper Attys To White Collar Team

    Orrick Herrington & Sutcliffe LLP has added a reputed criminal defense lawyer and a cybersecurity expert who served together at DLA Piper as partners in its white collar and corporate investigations group in Seattle, Orrick told Law360 on Friday.

  • January 23, 2015

    Convicted Exec Says DC's Medicaid Scheme Wrecked His Biz

    A Washington businessman convicted in a political scandal involving former District of Columbia Mayor Vincent Gray has accused the district of setting illegal Medicaid health care reimbursement rates to destroy his managed care organization, DC Chartered Health Plan Inc.

  • January 23, 2015

    Prosecutor PowerPoint Voids Murder Conviction, Court Says

    The Washington Supreme Court on Thursday overturned a murder conviction in a deadly armored car robbery after finding that a PowerPoint presentation used in the prosecution's closing argument that repeatedly declared the defendant “guilty of premeditated murder” was inflammatory and prejudicial.

  • January 23, 2015

    Duo Gets 6-Plus Years For $30M Telecom Investment Scam

    Two former business partners were sentenced Friday in Illinois federal court to nearly identical prison terms, each more than six years, for bilking investors out of $30 million through their phony telecommunications company.

  • January 23, 2015

    FDIC Can Recover Up To $15.2M From Integra's Insurer

    An Indiana federal judge said Thursday that the Federal Deposit Insurance Corp., as receiver for Integra Bank NA, can recover up to $15.2 million from Fidelity and Deposit Co. of Maryland in a suit seeking coverage for losses from loans to Ponzi schemer Lou Pearlman.

  • January 23, 2015

    KeyBank Loan Tampering Intent Is Key To Coverage: NY Court

    A New York appeals court said Thursday that it wasn’t clear whether KeyBank NA could seek coverage under a fidelity bond issued by National Union Fire Insurance Co. of Pittsburgh, Pa., for losses after a KeyBank employee mishandled a $20 million loan to a developer, because questions remained as to the employee’s intent.

  • January 23, 2015

    Pa. High Court Win Won't Guarantee End To Kane Charges

    The Pennsylvania Supreme Court has stepped in to evaluate the legitimacy of the appointment of a special prosecutor to investigate Attorney General Kathleen Kane over the alleged leak of confidential data, but experts say she could still face charges even if the high court rules in her favor.

  • January 23, 2015

    Jury Acquits Ex-CIA Agent On 1 Count, Leaks Case Continues

    A Virginia federal jury Wednesday acquitted a former CIA agent who allegedly leaked government secrets to a New York Times reporter of mail fraud, while the agent argued in a brief filed Friday that venue for the remaining nine counts cannot lie in the state’s Eastern District.

  • January 23, 2015

    DOJ Public Integrity Section Chief To Step Down

    The head of the U.S. Department Of Justice's Public Integrity Section, which recently secured the corruption convictions of former Arizona U.S. Rep. Rick Renzi and former Virginia Gov. Robert McDonnell, will step down from his post at the end of the month, a DOJ spokesman confirmed Friday.

  • January 23, 2015

    Whistleblower Says Health Fraud Convictions Seal FCA Claims

    The whistleblower in a Medicare billing False Claims Act suit against two principals of a hyperbaric oxygen therapy provider asked a Texas federal judge Thursday to grant her partial summary judgment, arguing the defendants’ related convictions for health care fraud estop them from denying her allegations.

Expert Analysis

  • DOJ Can And Will Seize Proceeds Of Foreign Corruption

    Kathleen Hamann

    The U.S. Department of Justice's recent civil action against Honduran government official Mario Roberto Zelaya Rojas serves as a reminder to corporations and individuals abroad how easily even wholly foreign criminal conduct may come within the reach of U.S. law enforcement authorities, say Kathleen Hamann and David Courchaine of White & Case LLP.

  • Once More Unto The Breach — Rehearing In Newman?

    Eugene Ingoglia

    On Friday, the U.S. Attorney’s Office for the Southern District of New York decided to seek appellate review of several aspects of the recent insider-trading decision in U.S. v. Newman and Chiasson. En banc rehearing petitions are rarely granted in any circuit, and are particularly rare in the Second Circuit, which hears the fewest number of rehearings of any circuit in the country, say Eugene Ingoglia and Gregory Morvillo of Morvillo LLP.

  • Prepare Now For New Anti-Corruption Program Expectations

    Rex Homme

    The scrutiny surrounding Foreign Corrupt Practices Act compliance is about to become even sharper with a recent report that the FBI will triple the number of agents dedicated to investigating potential violations. The increased manpower, coupled with the U.S. Securities and Exchange Commission’s continued investment in data analytics tools, sends a strong message, say members of StoneTurn Group LLP.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Top 10 Trade Secrets Developments Of 2014: Part 2

    Randy Kahnke

    While the world of patentable subject matter shrinks, the world of trade secret protection may be expanding, say attorneys with Faegre Baker Daniels LLP.

  • FCPA Trends From The Last 6 Months

    Greg Deis

    After a relatively quiet third quarter in which there was only one corporate settlement of a Foreign Corrupt Practices Act enforcement action, 2014 ended with a flurry of activity, including the largest criminal penalty ever levied under the FCPA. Resolutions in the second half of the year highlight the value the agencies place on timely self-disclosure, full cooperation and remediation, say attorneys with Mayer Brown LLP.

  • State Of The Union Sets Stage For Privacy Legislation

    Mauricio Paez

    President Obama used the powerful State of the Union platform to advocate for new privacy legislation previously outlined during the days leading up to the address. The speech may have marked a new phase in the political discourse concerning privacy and cybersecurity, say attorneys with Jones Day.

  • The Administration’s Misguided Proposal To Amend The CFAA

    Peter Toren

    It is unlikely that the White House's recent proposal will do much to satisfy critics of the Computer Fraud and Abuse Act since the proposal not only increases the penalties for certain types of cybercrime, but also resolves the current circuit split by explicitly providing that breaching a written restriction on computer use is a crime, says Peter Toren, a partner with Weisbrod Matteis & Copley PLLC and former federal prosecutor.

  • December Was A Big Month For UK Serious Fraud Office

    Patrick Rappo

    In December, the U.K. Serious Fraud Office secured its first conviction under the Bribery Act and its first contested conviction of a corporation under the Prevention of Corruption Act. Although the cases do not involve vast sums of money or household names, they are the first signs that the SFO is beginning to deliver on promises of greater and more significant enforcement, say attorneys with Steptoe & Johnson LLP.

  • CORRECTED: Trends In Criminal Cartel Enforcement

    Bob Bloch

    In the long run, we may look back at 2014 as sort of a tipping point — the year that the U.S. Department of Justice Antitrust Division proved not only its intent to pursue individual executives who engaged in cartel conduct, but also its ability to do so effectively on a global basis, say attorneys with Mayer Brown LLP.