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Criminal Practice
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November 06, 2023
Law Profs Say Firearms Regs Can Clear Justices' Hurdle
The U.S. Supreme Court isn't required by its recently adopted historical analog test to upend a federal statute prohibiting persons subject to domestic violence restraining orders from possessing firearms if no similar law was on the books in the 1800s, two former clerks to conservative justices argue in a new paper, claiming the test's flexibility has been overlooked.
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October 19, 2023
SEC Drops Case Against Ripple Execs In Rare Dismissal
The U.S. Securities and Exchange Commission has dropped the remaining claims against Ripple Labs CEO Bradley Garlinghouse and Executive Chairman Christian Larsen in its enforcement case over the sale of the blockchain firm's XRP token, according to a Thursday notice.
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September 29, 2023
11th Circ. Scraps Conviction Of Former Stun Gun Co. Worker
A three-judge Eleventh Circuit panel has decided a federal court went too far when it sentenced the former employee of a Florida stun-gun maker to three weeks in prison for her involvement in selling weapons to police that had been at the heart of a $7.6 million intellectual property judgment won by the Taser brand.
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September 25, 2023
Feds To Appeal Toss Of FIFA Bribery Convictions
Brooklyn federal prosecutors plan to appeal a judge's order tossing the convictions of a former 21st Century Fox television executive and an Argentine sports marketing company in the FIFA corruption scandal, according to notices filed with the Second Circuit.
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September 02, 2023
Ex-Fox Exec, Media Co. Get FIFA Bribery Convictions Tossed
A Brooklyn federal judge on Friday vacated the convictions of a former 21st Century Fox television executive and an Argentine sports marketing company in the FIFA corruption probe, saying recent U.S. Supreme Court precedent places foreign commercial bribery outside the scope of federal fraud prosecutions.
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August 22, 2023
Del. 'Pill Mill' Doctor's 20-Year Prison Term Tossed By 3rd Circ.
A Delaware doctor convicted for writing thousands of prescriptions for controlled substances was incorrectly sentenced because the government did not prove all those prescriptions were illegal, the Third Circuit ruled Tuesday, vacating the doctor's 20-year prison term.
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August 21, 2023
6th Circ. Backs Ex-Cleveland Councilman's Fraud Sentence
A Cleveland city councilman and his executive assistant failed to convince a panel of the Sixth Circuit to undo their prison sentences for fraud and obstruction of justice, according to the appellate court's precedential opinion.
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August 07, 2023
Ex-Temple Biz Dean's Fraud Conviction Upheld By 3rd Circ.
The Third Circuit on Monday upheld ex-Temple University Fox School of Business Dean Moshe Porat's conviction on charges related to falsely inflating the school's stats to boost its ranking in U.S. News & World Report, rejecting his claim that his actions didn't affect the school's students.
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July 20, 2023
3rd Circ. Backs Axing Pharma Execs' Conspiracy Charge
The Third Circuit stood by a lower court's decision to throw out a conspiracy charge against KVK-Tech Inc. and two of its executives in a precedential ruling Thursday that found federal prosecutors had failed to properly allege that they conspired to violate the Federal Food, Drug and Cosmetic Act.
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July 10, 2023
Jones Walker Client Rips 'Erroneous' DQ In $1.2B Fraud Case
A defendant charged with participating in a $1.2 billion embezzlement scheme targeting Venezuela's state-owned oil company told a Florida federal court that a magistrate judge's decision to disqualify Jones Walker LLP from representing him was both "contrary to law" and "clearly erroneous."
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June 30, 2023
High Court To Look At Gun Rights In Domestic Violence Cases
The U.S. Supreme Court on Friday said it will rule on whether a federal law forbidding people subject to domestic violence restraining orders from possessing firearms violates the Constitution, one year after issuing a landmark decision that expanded gun rights.
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May 08, 2023
3rd Circ. Upholds Sentence For Intended $325M Tax Schemes
A Philadelphia man's seven-year prison sentence for helping run tax fraud schemes that involved more than $325 million in bogus claims over a decade was upheld Monday by the Third Circuit, which said it didn't matter that the schemes mostly flopped.
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April 24, 2023
3rd Circ. Orders New Penalty In Philly Bridge Project Fraud
The Third Circuit in a precedential ruling on Monday upheld fraud convictions against a contractor convicted of falsely inflating the role of a minority-owned supplier in two Philadelphia bridge projects to receive federal funds, but said the lower court's method for calculating government losses was incorrect and ordered resentencing.
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April 21, 2023
Seminal Kickback Rulings Mean 'You're Rarely In A Safe Zone'
Landmark litigation over quid pro quo payments in health care is forcing providers to walk a fine line between perfectly legal conduct and exposure to "huge monetary penalties" and prison time, a BigLaw veteran and onetime architect of government health fraud protocols told Law360.
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March 27, 2023
Feds Bash NY Atty's Acquittal Bid In Asylum Fraud Conviction
The U.S. government urged a New York federal judge to reject requests for acquittal by an immigration lawyer and a businessman convicted of a fraudulent asylum application scheme, saying a jury found them guilty on "abundant and overwhelming" evidence.
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March 14, 2023
Ousted Florida Prosecutor Urges 11th Circ. To Reinstate Him
Ousted Florida prosecutor Andrew Warren has told the Eleventh Circuit that a district court erred in stopping short of reinstating him after finding that both his state and federal rights were violated when Gov. Ron DeSantis suspended Warren last year.
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March 01, 2023
Pa. Denied Restitution From 'Computergate' Mastermind
The Pennsylvania Superior Court has ruled that the state cannot seek restitution from former Pennsylvania House of Representatives Speaker John Perzel, who admitted to using public money to conduct campaign activities in the "Computergate" scandal, reasoning that the state waived the chance to reestablish the $1 million penalty against him.
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February 21, 2023
2nd Circ. Denies Feds' Bid To Tweak Ruling On Drug Schedule
The Second Circuit on Tuesday denied federal prosecutors' bid to make non-precedential a December opinion that found the federal controlled substances list was narrower than New York state's after federal drug enforcers descheduled the opioid antagonist naloxegol in 2015.
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February 17, 2023
DOD Sues For Soldier's Tax Records In PPP Loan Fraud Probe
The U.S. Department of Defense is seeking to enforce a subpoena for tax information of a business owned by a U.S. Army soldier under investigation for potentially unlawful use of Paycheck Protection Program loans, according to a petition filed in Colorado federal court.
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January 09, 2023
2nd Circ. Tightens Screws On Insider Trading Prosecutions
A recent Second Circuit ruling overturning the convictions of an ex-Centers for Medicare & Medicaid Services worker and two former hedge fund analysts could make it harder for federal prosecutors to win insider trading cases brought against individuals who profit from leaked regulatory information, legal experts told Law360.
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January 06, 2023
9th Circ. Upholds Convicted Motorcycle Group's TM Rights
Ninth Circuit judges on Friday affirmed a decision rejecting the government's efforts to bar the convicted Mongol Nation motorcycle gang from enforcing its trademarks against possible infringers, handing down a precedential finding that racketeering law provides "no mechanism for forfeiture to occur without a transfer of title to the government."
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January 02, 2023
3 New Jersey Matters To Watch In 2023
As a new year of litigation dawns in New Jersey, state and federal courts have teed up for them a high-profile criminal trial, tax breaks for the gambling industry and a potential out for Uber drivers trying to keep their misclassification suit alive.
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December 21, 2022
Biggest Developments In Antitrust Conduct Cases In 2022
The U.S. Department of Justice suffered a string of stinging setbacks in criminal antitrust cases this year but also extracted guilty pleas in emerging areas of enforcement, while private antitrust parties saw key rulings on patent and class issues.
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November 08, 2022
3rd Circ. Clarifies Rules For Atty Exits From Criminal Appeals
The Third Circuit has ruled that briefs filed by defense attorneys to support withdrawal from an unsupportable criminal case appeal are not intrinsically inadequate if a defendant raises different, frivolous appeal arguments on his or her own behalf afterward.
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September 30, 2022
3rd Circ. Orders Sentence Redo In $95M Drug Fraud Case
The Third Circuit on Friday threw out the 2017 money laundering convictions of reverse pharmaceutical company Devos Ltd. and two of its former executives but left intact dozens of other criminal counts, prison terms and fines for a $95 million drug refund theft scheme.