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White Collar
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April 26, 2024
Ex-NY Court Atty Slapped With Fine After Misconduct Verdict
A Manhattan judge hit a former appeals court attorney with a $55,000 fine Friday after a jury found that she unlawfully used her position to help her husband and his law firm earn that same amount from a well-heeled client.
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April 26, 2024
CBD Co's CEO Agrees To Pay $350K To End SEC Suit
The one-time chief officer of cbdMD Inc. has agreed to pay $350,000 to end a civil enforcement action brought by the U.S. Securities and Exchange Commission accusing him of defrauding investors of a private investment fund he managed.
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April 26, 2024
Locke Lord Strikes $12M Deal To End Claims Over Gas Fraud
Locke Lord LLP will likely pony up $12.5 million to settle claims it stood by as its clients carried out a fraudulent $122 million oil and gas scheme, with a Texas federal magistrate judge recommending approval of the settlement at a hearing in Fort Worth.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
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April 26, 2024
NH Atty Disbarred After Failed Try At Creating False Evidence
The New Hampshire Supreme Court has ordered the disbarment of an attorney who created false documents and later destroyed evidence in a years-long attempt to duck disciplinary proceedings over his alleged mishandling of client funds.
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April 26, 2024
Gov't Wants Ex-Boston Celtic Imprisoned For Health Plan Scheme
Prosecutors asked a Manhattan federal judge to sentence former Boston Celtics player Glen "Big Baby" Davis to roughly three years in prison after he was convicted of scheming with a group of ex-pros to submit fraudulent invoices to the NBA's healthcare plan.
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April 26, 2024
4 More Indicted In Alleged Abusive Trust Tax Scheme
A federal grand jury in Denver indicted four more people in connection with what prosecutors call a conspiracy to defraud the government in a multistate scheme to promote abusive tax shelters using sham trusts to hide business income and illegally deduct personal expenses such as family weddings.
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April 26, 2024
Ex-Moody's GC Cops To Tax-Filing Fail On $54M Paycheck
The former general counsel for Moody's Corp. has pled guilty to willfully failing to file federal income tax returns for four years in which he collected $54 million in income, federal prosecutors announced Friday.
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April 25, 2024
AI-Created Rant Tied To Principal Leads To Ex-Staffer's Arrest
Baltimore County police on Thursday arrested a former high school athletic director who is accused of using artificial intelligence to generate a racist and antisemitic audio recording falsely attributed to the school's principal, allegedly in retaliation for an investigation into the potential mishandling of school funds.
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April 25, 2024
Ex-Philly Union Leader's 3rd Trial Ends In Deadlock
A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.
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April 25, 2024
Incarceration Can't Get Default Nixed In $92M Award Suit
A California federal court has refused to set aside an entry of default against a Russian businessman accused of engaging in a scheme to avoid paying a more than $92 million arbitral award, rejecting his defense that he couldn't respond because he was incarcerated in France.
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April 25, 2024
Real Estate Exec Can't Escape Shareholder's Self-Dealing Suit
A California federal judge ruled that a derivative shareholder suit accusing the president of a real estate management and investment firm of misusing nearly $35 million of company revenue now passes the so-called Zuckerberg test since the plaintiff sufficiently pled that demand on the company's board members would be futile.
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April 25, 2024
Calif. AG Charges A Top LA Prosecutor Over Cop File Access
California Attorney General Rob Bonta has unveiled criminal charges accusing a top Los Angeles County District Attorney's Office prosecutor and adviser to DA George Gascón of illegally accessing nearly a dozen confidential sheriff's deputy files in 2021.
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April 25, 2024
Ex-Tabloid CEO Says Trump Was Furious When Affair News Hit
Former American Media Inc. CEO and National Enquirer publisher David Pecker told a New York jury on Thursday that he paid off Playboy model Karen McDougal to keep her from going public about an affair with Donald Trump, who became enraged when news of the affair surfaced just days before the 2016 election.
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April 25, 2024
Feds Say COVID Fraud Case Against Ex-Pol Clears Early Bar
Federal prosecutors said Thursday that a former Massachusetts politician should save for trial his arguments seeking to dismiss claims that he lied to rake in COVID-19 relief funds and tried to avoid reporting income to the Internal Revenue Service.
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April 25, 2024
3 Accused Of $36M COVID Test Fraud Scheme In Fla. Case
Three owners of laboratories spanning the U.S. were indicted by a grand jury in Florida on federal charges that they conspired to defraud the U.S. government by more than $36 million in a scheme that involved submitting false COVID-19 testing claims to healthcare benefit programs.
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April 25, 2024
DOJ Still Owes Victims After $139M Nassar Settlement
The federal government's $139 million settlement for victims of convicted sexual abuser Larry Nassar goes a long way toward holding the FBI responsible for its egregious mishandling of the victims' allegations, but gives no assurance that such complaints in the future will be handled properly, legal experts say.
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April 25, 2024
Tenn. Hacker Pleads Guilty In DraftKings Accounts Breach
A Memphis, Tennessee, man, on Thursday became the second defendant to plead guilty in Manhattan federal court to scheming to hack accounts on the DraftKings sports betting site.
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April 25, 2024
Dems Press DEA To Move Quickly On Rescheduling Marijuana
A coalition of Democratic U.S. senators and House members are urging the U.S. Department of Justice to complete swiftly its review of marijuana's legal status and remove the drug from Schedule I of the Controlled Substances Act.
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April 25, 2024
NJ Couple Convicted Of Luring Immigrants Into Forced Labor
A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.
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April 25, 2024
No Coverage For Grants To Fraudulent Charity, Judge Rules
A Denver-based charity cannot get coverage for the $349,000 in grants it gave to a different charity whose founder was accused by state authorities of lying about its nonprofit status, a Colorado federal court ruled, finding that a computer fraud provision was not triggered.
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April 25, 2024
Coverage Recap: Day 3 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to adult film actress Stormy Daniels ahead of the 2016 election. Here's a recap from day three.
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April 25, 2024
Trump Legal Fees Paid Via Illegal Scheme, Watchdog Org Says
Donald Trump's 2024 presidential campaign and related political committees have masked payments for millions of dollars in legal work done for the former president in a possible violation of federal law, an election watchdog claims in a complaint filed Wednesday with the Federal Election Commission.
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April 25, 2024
Real Estate Owner Indicted On $4.8M Tax Evasion Charges
A commercial real estate owner used a series of limited liability companies to hide $4.8 million in income from the Internal Revenue Service, according to an indictment in Washington federal court on tax evasion charges.
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April 25, 2024
Attys, Insurance Agent Found Guilty Of Tax-Avoidance Scheme
Two St. Louis tax attorneys and a North Carolina insurance agent on Thursday were found guilty on all counts of conspiring to defraud the federal government and aiding in the filing of false tax returns for their role in a tax avoidance scheme that prosecutors claim cost the Internal Revenue Service more than $4 million.
Expert Analysis
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Opinion
European Union Criticisms Of The FCPA Are Misguided
Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Making The Pitch For A Civil Resolution In A Criminal Case
Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Justices' Trump Ballot Ruling: Purposivism In Textualist Garb
The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'
Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.