White Collar

  • April 28, 2017

    11th Circ. Backs Georgia 'Pill Mill' Doc's 20-Year Sentence

    The Eleventh Circuit on Thursday upheld a 20-year sentence for a doctor charged with 92 federal counts arising from his participation in two Georgia pain management clinics that purportedly operated as “pill mills,” saying he failed to prove error in the trial court's handling of the case.

  • April 28, 2017

    Quest To Pay $6M To End Blood Test FCA Suit

    Quest Diagnostics Inc. agreed to pay $6 million to escape a long-running False Claims Act suit accusing a company it acquired of shelling out kickbacks to doctors who referred patients for blood tests, the government said Friday.

  • April 28, 2017

    Retrophin Waived Privilege Over Atty Docs, Shkreli Says

    Retrophin Inc.’s cooperation with the government in the criminal case against Martin Shkreli and the company’s separate action against its former CEO amounts to a “wholesale waiver” of privilege over communications key to Shkreli’s defense, his attorneys told a New York federal court.

  • April 28, 2017

    SEC Seeks $363K Secretly Owned By Jailed Fund Manager

    The U.S. Securities and Exchange Commission asked a California federal judge on Thursday to let it seize $363,000 in a frozen investment account, saying an investor from Monaco who claimed to own the account was coached to do so by convicted fund manager James Michael Murray.

  • April 28, 2017

    'Sensitive' Freight Shipper For DOD Must Face FCA Claims

    A Georgia federal judge left largely intact Friday a government False Claims Act suit accusing a domestic trucking company of bribing U.S. Department of Defense contracting officials in pursuit of “sensitive freight shipments” and then inflating shipping costs, trimming only state law claims barred by the underlying contract’s existence.

  • April 28, 2017

    FBI Hit With FOIA Suit Over 2007 NBA Betting Scandal

    The FBI is wrongfully withholding documents regarding the investigation and prosecution of disgraced former NBA referee Tim Donaghy, according to a Freedom of Information Act action initiated Thursday in New York federal court by documentary filmmakers researching gambling corruption in professional sports leagues.

  • April 28, 2017

    Idaho Man To Pay Feds $8M For EB-5 Investment Fraud

    The U.S. Securities and Exchange Commission announced on Friday that an Idaho man has agreed to pay the federal government nearly $8 million for allegedly misappropriating money from Chinese investors for personal use instead of investing it in the EB-5 immigrant investor program.

  • April 28, 2017

    SEC Says Jail Could Still Prompt Kapur To Cough Up $2.2M

    The U.S. Securities and Exchange Commission asked a Manhattan federal judge Thursday to keep hedge fund founder Chetan Kapur jailed for contempt of $10 million in civil judgments, asserting that incarceration could still coerce the recalcitrant defendant to lead authorities to $2.2 million stashed in Switzerland.

  • April 28, 2017

    Jury Finds Fla. Eye Doctor Guilty Of Overbilling Medicare

    A Florida ophthalmologist linked to New Jersey Sen. Robert Menendez was found guilty Friday of overbilling Medicare by $32 million for unnecessary eye injections and other treatments.

  • April 28, 2017

    Friedman Kaplan Adds Ex-Prosecutor To White Collar Group

    Friedman Kaplan Seiler & Adelman LLP has reclaimed its former partner Mala Ahuja Harker, a onetime federal prosecutor who will join the firm's white collar and litigation practice groups as a partner in its Newark, New Jersey, and New York City outposts. 

  • April 28, 2017

    Google, Facebook Say They Paid Email Scammer $100M

    Facebook and Google have confirmed that they were the companies allegedly defrauded out of $100 million by a Lithuanian man facing criminal charges for posing as a major hardware manufacturer and tricking the companies into wiring money to his bank account.

  • April 28, 2017

    Ex-CFO 'Has No Remorse' For $300M Ponzi Scheme, Feds Say

    Federal prosecutors in Florida slammed a convicted real estate executive's bid for leniency Wednesday, saying that the onetime chief financial officer behind a $300 million Ponzi scheme "has no remorse" for his crimes, and reiterated their sentence recommendation for 93 years' imprisonment and hundreds of millions of dollars in restitution and fines.

  • April 28, 2017

    Dewey Execs' Fraud Prompted By 7-Figure Pay, State Says

    Two former executives at Dewey & LeBoeuf LLP were motivated by their multimillion-dollar paychecks to deceive the firm's financial backers, a prosecutor said during New York state's closing arguments Friday.

  • April 28, 2017

    SAC Trader Says 1st Circ. Upheld Newman After Salman

    Ex-SAC Capital Advisors manager Mathew Martoma encouraged the Second Circuit Thursday to follow its sister circuit’s lead in holding the U.S. Supreme Court’s Salman opinion didn’t flip the New York appellate court’s earlier finding that close relationships are necessary to sustain insider trading convictions.

  • April 28, 2017

    Dallas Leader Cleared Of Bribery, Gets Mistrial On Tax Fraud

    A Texas federal jury cleared Dallas County Commissioner John Wiley Price of bribery and mail fraud charges Friday, but deadlocked on four tax fraud-related charges, leading to a mistrial on those four counts and the potential he’ll have to face trial again.

  • April 28, 2017

    Ex-DOD Contractor Sentenced To 5 Years In Fraud Scheme

    A former IT consulting federal contractor received a five-year prison term from a Maryland federal judge Thursday after pleading guilty to wire fraud and paying illegal gratuities to a government official in a multiyear scheme to defraud the government.

  • April 28, 2017

    Ex-Chicago Schools CEO Sentenced To Over 4 Years In Prison

    The onetime leader of Chicago’s public school district was slapped with a 4½-year prison sentence on Friday for steering nearly $23 million in city contracts toward a former employer in anticipation of future kickbacks.

  • April 28, 2017

    FIFA Suspends Guam Soccer Prez After NY Guilty Plea

    FIFA’s Ethics Committee on Friday banned an official who also serves as the president of the Guam soccer federation for 90 days, after he pled guilty yesterday in Brooklyn federal court to charges related to taking nearly $1 million in two bribery schemes.

  • April 28, 2017

    Ex-UN Official Cops To New Charges In UN Bribery Case

    Former diplomat Francis Lorenzo pled guilty Thursday to fresh charges stemming from the federal probe of bribery at the United Nations, admitting to receiving bribes and to a violation of the Foreign Corrupt Practices Act a month ahead of a scheduled trial for Chinese real estate billionaire Ng Lap Seng, the lone remaining defendant.

  • April 27, 2017

    Nomura Trader Seeks Split From Conspirators In RMBS Case

    One of three traders at Nomura Securities International Inc. accused of juicing profits by lying to customers about mortgage bond prices asked a Connecticut federal court on Thursday for his own separate trial, warning that if he were tried along with his colleagues he could be found guilty by association.

Expert Analysis

  • 2nd Circ. May Clarify 5th Amendment Issue In Libor Case

    Mark Racanelli

    A pending Second Circuit case raises an interesting constitutional question for practitioners whose clients are subject to parallel, cross-border white collar investigations: When someone gives compelled testimony to foreign law enforcement officials, does the Fifth Amendment bar U.S. prosecutors from using her statements, directly or indirectly, to criminally prosecute her? say Mark Racanelli and Michael Simeone of O’Melveny & Myers LLP .

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • 100 Days Of FCPA Under Trump: 10 Takeaways

    Meghan Hansen

    Since the presidential election, there has been uncertainty about the future of Foreign Corrupt Practices Act enforcement. The Trump administration's first 100 days have given some clues, say Meghan Hansen and Carolyn Wald of Latham & Watkins LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • FINRA’s Foray Into Insider Trading

    Benjamin Kozinn

    Based on a recent multiyear case against a distressed debt trader, the Financial Industry Regulatory Authority seems ready, willing and able to take a more prominent role in insider trading, say attorneys with Lowenstein Sandler LLP.

  • Gov't Nonintervention In Agape And Future FCA Cases

    Joshua Hill

    The Fourth Circuit's recent Agape decision is a reminder that the government’s nonintervention in a False Claims Act case should not be mistaken for government disinterest, says Joshua Hill of Morrison & Foerster LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • No Contractor Liability For False Statement Gov't Didn't See

    Joseph Barton

    Aggressive prosecutors could argue that a Section 1001 violation is complete as soon as a falsified record is entered into a government contractor’s internal database — even if the contractor rectifies the situation before the record is actually presented to the government. But two cases provide contractors with a ready counterpoint, say Joseph Barton and Laura Alexander of Sheppard Mullin Richter & Hampton LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • How To Reduce Cost Of UK Deferred Prosecution Agreements

    Jonathan Middup

    When combined, the penalties of all agreed-to deferred prosecution agreement settlements in the United Kingdom total roughly 530 million pounds, but public fines are often just the tip of the iceberg. Though a good compliance program may be the best defense against corporate wrongdoing, executives should nonetheless take steps to cooperate with prosecutors and embrace independent scrutiny, says Jonathan Middup of Ernst & Young LLP.