A New Jersey appeals court ruled Wednesday that the mayor of Carlstadt, N.J., shouldn't have been allowed to participate in a pretrial intervention program to avoid being prosecuted for allegedly letting his ex-wife collect benefits through his health care plan after their divorce.
For his continued work successfully defending clients in the financial sector from investigations by federal and state prosecutors and regulatory agencies, including ex-MF Global Inc. CEO Jon Corzine, Dechert LLP partner Andrew Levander has earned a spot on Law360's list of 2013 White Collar MVPs.
The ex-mayor of Rosemead, Calif., pled guilty Monday to attempted witness tampering and making false statements to the FBI in a corruption case related to an alleged bribery scheme over a real estate development project.
A couple on Bravo's “The Real Housewives of New Jersey” pled not guilty to two new charges of bank and loan application fraud in New Jersey federal court Wednesday, adding to their previous not guilty plea on 39 counts of bank and bankruptcy fraud.
A U.S. Securities and Exchange Commission official said Wednesday that he expects Foreign Corrupt Practices Act violations to be “increasingly fertile ground” for the agency's Dodd-Frank Act whistleblowing program and warned companies that self-reporting potential misdeeds is more important than ever.
Former Rochdale Securities LLC trader David Miller was sentenced Wednesday to 2 1/2 years in prison for his role in a trading scam involving approximately $1 billion of Apple Inc. stock, according to federal prosecutors.
Three former General Electric Co. finance executives convicted of municipal bond-related bid rigging asked the Second Circuit Tuesday to overturn their convictions, arguing that federal prosecutors brought their charges too late.
Bernard Madoff's former controller said in New York federal court Tuesday that she helped him shuffle money around his company to make phony profits, pointing the finger at other ex-Madoff employees now on trial for allegedly aiding his fraud.
The Eleventh Circuit on Monday affirmed the convictions and prison sentences of a Florida couple who prosecutors say used fake identities to cash in on funds set up to compensate victims of the 2010 Deepwater Horizon oil spill and other disasters.
With prosecutors continuing to investigate JPMorgan Chase & Co. following its record $13 billion mortgage settlement Tuesday, U.S. Attorney General Eric Holder has a chance to satisfy the public's Wall Street bloodlust by following up with criminal charges against individual bank executives.
Law firm Vorys Sater Seymour & Pease LLP will pay the city of Lorain, Ohio, $3 million in a settlement approved by the Lorain City Council on Monday to resolve claims against the firm and a former attorney who was recently convicted in a corruption scandal.
JPMorgan Chase & Co.'s $13 billion settlement on Tuesday marked the end of the bank's negotiating process with federal and state regulators over alleged false statements regarding the quality of mortgage-backed securities during the housing bubble, but it could be the just beginning of big settlements for other banks.
With the Foreign Account Tax Compliance Act taking full effect in July, investors across the globe are concerned about the U.S. government’s silence on whether it will seek criminal prosecution for violators and how the Internal Revenue Service plans to regulate foreign-to-foreign transactions.
U.S. Deputy Attorney General James M. Cole told a conference of business attorneys Tuesday that their role in the enforcement of the Foreign Corrupt Practice Act was vital to the government’s regulatory enforcement agenda, while warning of “serious consequences” for companies that try to hide misconduct.
Parallel civil and criminal cases targeting financial crime will likely rise in the coming years, but their expansion faces some limitations, the recently departed enforcement chief of the U.S. Commodity Futures Trading Commission told banking officials during a New York conference Tuesday.
The U.S. Department of Justice brought formal charges Tuesday against six investors for their alleged roles in a conspiracy to manipulate the bidding process for tax lien auctions conducted by New Jersey municipalities, bringing the number of charged entities in an overarching DOJ probe to 20.
In response to a scandal at a U.K. National Health Service hospital at which patients were subjected to "appalling" conditions and treatment, the British government on Tuesday proposed a new law that would create jail sentences for willfully negligent doctors and nurses.
An SEC compliance examiner was arrested in New York Tuesday, facing criminal charges in federal court for making false statements about keeping certain stocks that SEC employees are prohibited from owning under the agency’s ethics rules.
The U.S. government will continue to bring major Foreign Corrupt Practices Act cases against companies and individuals next year, and companies operating internationally can expect increasing scrutiny from law enforcement agencies working across borders, two top government FCPA officials said on Tuesday.
The Second Circuit on Monday said it will not rehear the appeal of Raj Rajaratnam, founder of hedge fund management firm Galleon Group LLC, regarding a controversial cellphone wiretap that led to his insider trading conviction and 11-year prison sentence.
In the current enforcement environment, it would be a mistake for senior executives and board members to take for granted the enthusiastic and highly effective efforts of the chief compliance officer, who is often overworked and underappreciated, says Sharie Brown of Troutman Sanders LLP.
The U.S. Department of Justice’s Antitrust Division has been increasingly aggressive in enforcing U.S. antitrust laws against Japanese companies — four Japanese companies have been fined to date in 2013, equaling the previous record numbers in 1999 and 2009. Companies around the world must invest more time and effort in preventive measures, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
Effective defense advocates should press the critics of in pari delicto to answer a number of fundamental questions. First, though, defense counsel should explain that the critics’ attacks on the in pari delicto defense are about loss-spreading — not fairness, says Andrew Morris, a partner with Morvillo LLP and former federal prosecutor.
The Alstom SA global bribery case, Wal-Mart Stores Inc. Mexico fiasco and GlaxoSmithKline PLC China mess are all important reminders of just how bad it can get when an internal investigation is deficient. Aside from the risks to the board and senior management, a defective internal investigation can provide federal prosecutors with powerful evidence against a company, says Michael Volkov of The Volkov Law Group LLC.
The U.S. Department of Justice continues to devote considerable resources to allegations of bribery, corruption and fraud in local, state and federal government. Whether you are a practitioner, a vendor, a government contractor, a government employee or an elected official, the news is full of cautionary tales, says Charles James, a partner with Williams Mullen and former chief deputy attorney general of Virginia.
No one expects to be handed a search warrant by a federal agent at the office, yet it is happening more frequently than ever before. It is critical to prepare for the possibility of a cartel investigation well in advance so you will not only understand what is happening when a search occurs, but also have in place guidelines and procedures for dealing with the situation, say attorneys with DLA Piper.
Even before U.S. Securities Exchange Commission Rule 506(d) becomes effective on Sept. 23, companies planning to conduct a private offering must learn the rule and keep it in mind as they seek investors, recruit officers and directors, and work with certain other persons and entities. For offerings after that date, if someone turns up as a "bad actor," Rule 506 is no longer available, says Jonathan Guest of McCarter & English LLP.
The conviction of Kizzy Kalu, owner of Foreign Healthcare Professionals Group who wrongly recruited foreign-born nurses and filed fraudulent H-1B nonimmigrant petitions, highlights the government's heightened scrutiny on visa fraud and the fact that health care facilities are at risk of working with staffing agencies who may have brought foreign workers under the wrong type of visa, says Mabel Arroyo of Baker Donelson Bearman Caldwell & Berkowitz PC.
The growth and prevalence of social media in recent years has enabled lawyers and their jury consultants to make more educated and sophisticated decisions during the jury selection process. But there are several ethics opinions that suggest that the use of LinkedIn for jury research would constitute an ethical violation, say William O’Neil and Derek Sarafa of Winston & Strawn LLP.
In U.S. v. Vilar, the Second Circuit recently held that the presumption against extraterritoriality applies to criminal cases, resolving a key question left open by the U.S. Supreme Court in Morrison v. National Australia Bank. The opinion closes one possible avenue for prosecution of foreign individuals and companies but leaves open many questions in its wake, say attorneys with Morrison & Foerster LLP.