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White Collar
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June 11, 2013
6 New Suits Launched In Fatal Philly Building Collapse
The owner of a four-story Philadelphia building that collapsed, killing six people and injuring more than a dozen others, has been slapped with six more lawsuits in Pennsylvania court in recent days in the first wave of an expected torrent of litigation stemming from the disaster.
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June 11, 2013
Q&A With Molo Lamken's Justin Shur
Companies that receive a government subpoena directed at records located abroad find themselves in a Catch-22 with real legal and practical problems. This issue will continue to evolve beginning with the anticipated ruling in the case against Deloitte, says Justin Shur, a partner with Molo Lamken LLP and former deputy chief of the U.S. Department of Justice’s Public Integrity Section.
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June 11, 2013
SEC, Fund Execs Strike Deal Over $68M Insider Trading Plot
The U.S. Securities and Exchange Commission has reached a tentative settlement in New York federal court with convicted hedge fund executives Anthony Chiasson and Todd Newman over an alleged $68 million insider trading scheme involving shares of Dell Inc. and Nvidia Corp., the agency said Monday.
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June 10, 2013
NSA Leaks Put Booz Allen, Employee In DOJ's Crosshairs
Now that a Booz Allen Hamilton employee has been revealed at the source of leaks about the National Security Agency's secret surveillance of phone records and Internet activities, both the company and the source of the leaks could find themselves in a world of legal trouble.
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June 10, 2013
Sentencing Guidelines Regain Footing In Supreme Court
The U.S. Supreme Court ruled Monday that it is unconstitutional for judges to retroactively apply sentencing guidelines that are more severe than those in effect at the time of an offense, drawing applause from criminal defense attorneys while reinforcing the power of the nonbinding guidelines.
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June 10, 2013
Lab President, Salesmen Admit Bribing Doctors For Referrals
The president of a Parsippany, N.J.-based medical testing laboratory and six salesmen on Monday admitted to a conspiracy that generated more than $100 million for the business through millions of dollars in bribes to physicians for blood sample referrals, authorities said.
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June 10, 2013
Trial Begins For Ex-Fund Boss Accused Of Asset Inflation
Former London-based hedge fund manager Michael Balboa overvalued the $850 million hedge fund he headed by inflating the value of its illiquid assets, federal prosecutors said Monday, kicking off what is expected to be a three-week fraud trial.
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June 10, 2013
Madoff Employees' Trial To Be A Long One, Judge Says
The upcoming fraud trial of five former Bernard Madoff employees could last more than five months, a federal judge said Monday.
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June 10, 2013
Ex-Bristol-Myers Squibb Exec Admits To Insider Trading
A former Bristol-Myers Squibb Co. executive pled guilty Monday to securities fraud charges in New Jersey federal court, admitting he committed insider trading by purchasing stock options in a biotechnology company after learning BMS planned to acquire it.
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June 10, 2013
Former WellCare Execs Found Guilty Of Health Care Fraud
A Florida federal jury on Monday returned a mixed verdict against four former WellCare Health Plans Inc. executives, finding each guilty of health care fraud but failing to agree on charges that they conspired in a $40 million scheme to defraud state-funded health care providers.
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June 10, 2013
SEC Wants Default Judgment Against Madoff Brother
The U.S. Securities Exchange Commission asked a New York federal judge on Monday to enter default judgment against Bernard Madoff's brother Peter Madoff to bar him from committing future fraud, the latest development in the fallout from the decades-long Ponzi scheme for which he is serving a 10-year prison sentence.
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June 10, 2013
Ex-Akin Gump Atty, Federal Prosecutor Named Acting NJ AG
A former federal prosecutor and Akin Gump Strauss Hauer & Feld LLP attorney has been appointed acting attorney general for New Jersey now that his former boss has temporarily replaced the late Frank Lautenberg in the U.S. Senate, officials announced Monday.
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June 10, 2013
Malta Police Won't Indict Former EU Health Commissioner
Maltese police don't have enough evidence to indict a former European Union health official who resigned after an anti-fraud investigation linked him to bribes aimed at influencing potential revisions to EU tobacco legislation, officials said on Monday.
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June 10, 2013
Grand Jury Will Investigate Fatal Philly Building Collapse
Philadelphia District Attorney Seth Williams on Monday announced that he would convene a grand jury to investigate the collapse of a 4-story building in Center City that killed six people and injured 13 last week.
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June 10, 2013
High Court Hands Defense Reprieve On Sentencing Guidelines
In a victory for the criminal defense bar, the U.S. Supreme Court ruled Monday that it is unconstitutional for judges to retroactively apply sentencing guidelines that are more severe than those in effect at the time of an offense.
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June 10, 2013
11th Circ. Orders Jury Misconduct Review In NASA Fraud Case
The Eleventh Circuit on Friday ruled that a former University of Florida professor convicted of bilking NASA out of $3.7 million by using bogus small-business contracts is entitled to a hearing over an allegedly improper case-related discussion between a juror and a neighbor.
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June 10, 2013
NYC White Collar Vet Closes Shop, Joins Winston & Strawn
One of the country’s leading criminal defense attorneys, who gained fame for his eloquent defenses of accused Mafia men and indicted New York politicians, has closed his private practice to join Winston & Strawn LLP’s litigation practice group as partner.
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June 10, 2013
Q&A With Zuckerman Spaeder's Paula Junghans
The issue of whether the “required records” exception trumps the Fifth Amendment in cases involving foreign bank accounts is a hot-button issue because it confounds traditional notions of what an individual has to disclose to the government, says Paula Junghans, a partner with Zuckerman Spaeder LLP and former acting assistant attorney general in the U.S. Department of Justice Tax Division.
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June 10, 2013
FCPA Powerhouse: WilmerHale
With decades of experience tackling Foreign Corrupt Practices Act cases and a deep bench of attorneys who each handle both counseling and investigation, WilmerHale has become a go-to firm for foreign bribery matters.
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June 7, 2013
Jesse Jackson Jr. Should Get 4 Years For Fraud, Feds Say
The Department of Justice told a D.C. federal court on Friday that former U.S. Rep. Jesse L. Jackson Jr. should be forced to pay $1.5 million in restitution and fines and spend 48 months in prison with a three-year period of supervised release for campaign fund fraud.
Expert Analysis
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Challenges In Conducting Breach Investigations: Part 2
Companies that experience breaches involving payment cards are subject to a set of industry rules that dictate the response that must be taken by the compromised entity and limit the role of the victim company in this response. But this response may not include all of the activities necessary to investigate, assess and address the broader impact of the breach to the enterprise, says Kimberly Peretti of Alston & Bird LLP.
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More Securities Fraud Cases Now Involve Foreign Regulators
With international cooperation among securities regulators at an all-time high, any company facing a regulator inquiry must ask itself what other international regulators may be involved or may want to become involved, says Michael Rosensaft of Katten Muchin Rosenman LLP.
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3 Ways To Leverage Internet Access During Trial
A survey of local rules for courthouses with available Wi-Fi has shown that no courts expressly prohibit the use of Internet by lawyers to gain information about the venire. Interestingly, at least one appellate court has held that it was error not to allow counsel to access the Internet during jury selection, say Derek Sarafa and William O'Neil of Winston & Strawn LLP.
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DOJ Faces Challenges In Prosecuting Foreign Corporations
Courts are only now beginning to struggle with the intersection of transnational corporate crime in the Internet age and Rule 4 Federal Rules of Criminal Procedure, which is woefully outdated. Two recent conflicting trade secrets decisions highlight this disconnect, say Stephen Byers and Jason Lynch of Crowell & Moring LLP.
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NY Anti-Corruption Law Could Be A Game-Changer
Following the recent arrests of two New York state lawmakers on federal bribery charges, Gov. Andrew Cuomo has proposed legislation creating a new class of public corruption crimes. The proposals have the potential to increase the power of the state government to prosecute those accused of public corruption and fraud, say attorneys with Nixon Peabody LLP.
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How New Carveout Policy Will Impact Cartel Plea Deals
The U.S. Department of Justice’s Antitrust Division has announced that it will no longer publicly list the names of individuals excluded from the protections afforded by corporate plea agreements. The consequences should be felt immediately in ongoing cartel investigations, and should also have important ramifications for future investigations, say attorneys with Hogan Lovells LLP.
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How To Perform A Corruption Risk Assessment
Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a companywide risk assessment. Companies may be tempted to gloss over this step, but without a clear vision of its particular corruption risks, a company's compliance efforts may turn out to be needlessly costly, inefficient and ineffective, say attorneys with K&L Gates LLP.
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What Do Staub And Sharef Really Tell Us?
While SEC v. Straub and SEC v. Sharef have provoked considerable commentary, they provide little, if any, insight for corporations in how to handle areas in which FCPA jurisdiction plays a key role, such as foreign acquisitions, joint ventures and successor liability. Moreover, the holdings appear to be closely wedded to the specific facts, rather than an illuminating new principle, say Robb Adkins and Krista Enns of Winston & Strawn LLP.
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A Brave New World For Bank Regulation
It is imperative for banks, thrifts and other financial institutions to address the heightened regulatory scrutiny and program risks presented by compliance with the Bank Secrecy Act, anti-money laundering laws and the Office of Foreign Assets Control. The details of some recent enforcement actions provide a compelling view of federal regulators’ current mindset, as well as where we are heading, say attorneys with Paul Hastings LLP.
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Beyonce, Jay-Z’s Cuba Trip Highlights Embargo Restrictions
Though it is likely that little, if anything, will come of Beyonce and Jay-Z's recent trip to Cuba once politicians and the media move on to the next hot topic, their travel does serve as a reminder for the 400,000 U.S. citizens who travel to Cuba each year that there are specific limitations that apply to these trips, say Lindsey Nelson and Grayson Yeargin of Nixon Peabody LLP.