White Collar

  • September 30, 2016

    Promoter Puts His Shrink On Stand In Bid For Leniency

    The sentencing of a former concert promoter who admitted to a $207 million investor fraud scheme extended into a second day in Miami federal court Friday as the defendant sought leniency by presenting witnesses who discussed his bipolar disorder and the purported mishandling of assets by a receiver.

  • September 30, 2016

    DOJ Says Execs' Convictions Unrelated To Free Speech

    The federal government urged a Boston federal judge Friday to uphold the misdemeanor convictions of two former Acclarent Inc. executives for flouting medical device safety law, saying the executives' contention that the government violated their free speech rights is "without merit."

  • September 30, 2016

    $413M Och-Ziff Fine Puts Hedge Funds On FCPA Alert

    Hedge funds and private equity funds chasing high returns in locales known for corruption will be dusting off their compliance programs to avoid running afoul of the Foreign Corrupt Practices Act after Och-Ziff Capital Management Group LLC was slapped with nearly $413 million in fines and penalties Thursday for bribing African government officials.

  • September 30, 2016

    GWB Scandal Architect Grilled Over Email Questions

    An attorney for a former public official on trial over claims that she ordered the George Washington Bridge lane closures for political retribution confronted the government's star witness Friday with an email showing that the defendant was “confused” about a newspaper column on the lane closures.

  • September 30, 2016

    Ex-Pharma Co. CEO Indicted Over $100M Fraud Scheme

    The former CEO of defunct pharmaceutical company Inyx Inc. is facing criminal fraud charges in Florida federal court in connection with an alleged $100 million scheme that resulted in the collapse of one of Puerto Rico’s largest banks, prosecutors said Friday.

  • September 30, 2016

    Prosecutor Says Don't Hesitate To Prod Gov't On FCPA Cases

    Investigations counsel frustrated by drawn-out Foreign Corrupt Practices Act investigations should run the issue up the enforcement food chain, Brooklyn federal prosecutor James Loonam told a gathering of attorneys on Friday.

  • September 30, 2016

    Reinsurer Execs Conspired With Platinum Partners, Suit Says

    Two insurance companies on Thursday hit the executives of a reinsurance company with a $50 million Racketeer Influenced and Corrupt Organizations Act suit in New York federal court alleging they secretly invested the insurers’ assets in Platinum Partners LP funds due to an agreement between the companies. 

  • September 30, 2016

    Couple Get Prison, $1.2M Fine For Immigrant Smuggling

    A Texas federal judge has sentenced a woman to nearly six years in federal prison and her husband to nearly three, and ordered both to pay nearly $1.2 million, for conspiring to smuggle more than 500 immigrants into the United States illegally, the U.S. Department of Justice said Thursday.

  • September 30, 2016

    Harvard Law Grad Pleads Guilty To Odd Kidnapping Plot

    A disbarred former San Francisco immigration attorney and Harvard Law graduate pled guilty in California federal court to kidnapping a woman and pretending to be a group of elite kidnappers in a failed ransom-seeking scheme, the U.S. Department of Justice announced Thursday.

  • September 30, 2016

    Rumored Reduction In Deutsche Bank Fine Has Critics Howling

    Reports on Friday that the U.S. Department of Justice and Deutsche Bank have reached a settlement over the German bank’s mortgage-backed securities sales that is far lower than the $14 billion that the U.S. originally sought has critics claiming that big banks remain too big to jail.

  • September 30, 2016

    Fla. State Rep. Caught In Campaign Funds Fraud Pleads Guilty

    A Democratic member of Florida's House of Representatives pled guilty Thursday to charges he failed to file income tax returns, used $65,000 in campaign funds for personal expenses and then tried to conceal the expenditures by falsifying campaign spending reports.

  • September 30, 2016

    NYC Judge Gives 'Predator' Ex-Attorney 6.5 Years In Prison

    A Manhattan federal judge hit a 76-year-old former top medical malpractice lawyer with a six-and-a-half-year prison sentence Friday, calling him a thief who preyed on vulnerable clients and kept lying even at his sentencing hearing.

  • September 30, 2016

    GlaxoSmithKline To Pay $20M SEC Fine Over China Bribery

    U.K. drugmaker GlaxoSmithKline PLC will pay $20 million to the U.S. Securities and Exchange Commission to settle claims that it violated the Foreign Corrupt Practices Act through a scheme to bribe doctors in China to increase sales, according to an SEC order on Friday.

  • September 30, 2016

    Teva Knocks Out FCPA Probe Retaliation Suit

    Teva Pharmaceutical Industries Ltd. defeated a former executive's claims she was fired after she started cooperating with authorities on a bribery investigation when a Florida federal judge ruled Friday there was evidence showing the company had other reasons to want the executive out.

  • September 30, 2016

    CFTC Says Commodities Trader 'Big A' Owes $3.2M For Fraud

    The U.S. Commodity Futures Trading Commission has handed down a roughly $3.2 million fine to a commodities trader who calls himself "Big A" over allegations that he ignored a previous ruling finding him guilty of fraud in connection with foreign currency futures transactions.

  • September 30, 2016

    Hedge Fund Can't Beat SEC's Suit Over Hacked Releases

    A New Jersey federal judge has denied a hedge fund’s bid to toss the U.S. Securities and Exchange Commission’s suit over an alleged scheme that illegally generated more than $100 million through trades on hacked newswire information, saying the SEC adequately tied it to the plot.

  • September 30, 2016

    Foley Hoag Alums, Retired Judge Open Boston Trial Boutique

    Two attorneys who have experience at Foley Hoag LLP have teamed up with a high-profile retired federal judge to launch a new trial boutique firm in Boston.

  • September 30, 2016

    Ex-Broker Gets Prison In Simpson Thacher Trading Plot

    A former stockbroker was sentenced to three years in prison in New Jersey federal court Friday for his role in an insider trading scheme that relied on information obtained from Simpson Thacher & Bartlett LLP, U.S. Attorney Paul Fishman announced.

  • September 30, 2016

    Ill. Tax Preparer Gets More Than 4 Years In Fraud Scheme

    The owner of an Illinois tax preparation business on Wednesday was sentenced to more than four years in prison for running a three-year scheme to help her clients falsely claim children as dependents, earning more than $1 million in refunds.

  • September 30, 2016

    11th Circ. Won't Rethink Lender Exec's MBS Fraud Verdict

    The Eleventh Circuit on Thursday rejected a former mortgage lender CEO’s request that it reconsider a decision affirming a $2.7 million mortgage-backed securities fraud verdict against him.

Expert Analysis

  • Charitable Donations And FCPA Risks: Lessons From Nu Skin

    Benjamin D. Klein

    The U.S. Securities and Exchange Commission's recent enforcement action under the Foreign Corrupt Practices Act against Nu Skin Enterprises highlights the risks of making charitable donations in high-risk countries without conducting meaningful anti-corruption due diligence, say Benjamin Klein and Louis Ramos of Morgan Lewis & Bockius LLP.

  • White Collar World Eagerly Awaits Salman Decision

    Glen A. Kopp

    The U.S. Supreme Court’s decision in Salman — set for oral argument Oct. 5 — not only will affect the government’s investigation of and decision to prosecute insider trading cases going forward, but will also have significant ramifications for pending insider trading cases such as U.S. v. Stewart in the Southern District of New York, say Glen Kopp and Jennifer Gordon of Bracewell LLP.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Should General Counsel Disclose Potential FCPA Violations?

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    When company officials discover that one of their employees or outside agents has bribed a foreign official, general counsel and upper management face an unpleasant dilemma. And recent DOJ guidance appears to complicate the situation, says John Lacey of Connell Foley LLP.

  • Clarifying Bank Fraud Law — What's At Stake In Shaw V. US

    A. Katherine Toomey

    Next week, for the second time in two years, the U.S. Supreme Court will hear argument in a case concerning the scope of the bank fraud statute. A change in the elements of bank fraud may have ripple effects in both civil and criminal cases that involve other statutes, including the Racketeer Influenced and Corrupt Organizations Act, says Katherine Toomey of Lewis Baach PLLC.

  • Talking 'Bull': Episode 2, The Woman In 8D

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Takeaways From A Criminal Pro Bono Case

    Allyson Fortier

    Representing a victim in a criminal matter is not your run-of-the-mill pro bono case and involves a number of considerations, strategies, and skills distinct from daily civil litigation practices. After representing two victim-witnesses in a sex-trafficking case, Allyson Fortier and Nancy Schroeder of WilmerHale discuss issues they encountered before, during and after trial.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Harris Corp. FCPA Declination Is First Of Its Kind

    Robert W. Kent Jr.

    Commentators have justifiably been suspicious of regulators’ claims that they will reward companies that have strong Foreign Corrupt Practices Act compliance programs and that respond to allegations of misconduct as the government has recommended. However, it is difficult to read the recent Harris Corp. resolution as anything other than the government following through on its promises, says Robert Kent of Baker & McKenzie LLP.