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White Collar
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April 11, 2024
Insurer Says Firm Not Covered For Bogus Check Scheme
An insurance firm has filed a complaint in Washington federal court seeking a declaration that it doesn't owe coverage to a Seattle-area firm and its sole attorney, who are embroiled in litigation with a bank after the firm fell prey to a counterfeit check scheme.
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April 11, 2024
FTX Brass, Investors Can't Move Bankruptcy Suit To MDL
The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.
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April 11, 2024
OJ Simpson's Jury Was Sequestered. Why Not Trump's?
Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.
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April 11, 2024
Ohtani's Ex-Interpreter Charged In $16M Theft From MLB Star
The former interpreter for Los Angeles Dodgers player Shohei Ohtani has been charged with stealing around $16 million from the superstar to place illegal sports bets, federal officials in Los Angeles announced Thursday, saying Ohtani was a victim and had no knowledge of his interpreter's gambling.
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April 11, 2024
Sen. Menendez's Wife Gets Own Bribery Trial
A New York federal judge agreed on Thursday to give the wife of U.S. Sen. Robert Menendez her own trial in a sprawling case accusing the couple of accepting bribes for using the New Jersey Democrat's influence to further the interests of three businessmen.
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April 10, 2024
No Merit To Autonomy Whistleblower Claims, Auditor Says
A Deloitte partner testifying in a California criminal trial over claims that former Autonomy CEO Michael Lynch and finance director Stephen Chamberlain duped HP into buying the British tech company for $11.7 billion said Wednesday that auditors concluded that whistleblower allegations by a finance department executive were meritless.
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April 10, 2024
DOJ Hits Regeneron With False Claims Act Suit Over Eylea
The federal government has brought a False Claims Act intervenor complaint in Massachusetts against Regeneron, alleging the pharmaceutical giant fraudulently withheld information from its Medicare reports seeking reimbursement for its drug Eylea, the U.S. Department of Justice announced Wednesday.
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April 10, 2024
Deported Man Can't Undo Fraud Conviction After Feds' Error
A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.
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April 10, 2024
Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says
A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.
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April 10, 2024
CFTC Names New Watchdog After Whistleblower Allegations
The Commodity Futures Trading Commission announced Wednesday that it has appointed the Federal Election Commission's inspector general to head its own independent watchdog office, following allegations his CFTC predecessor failed to protect whistleblowers within the agency.
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April 10, 2024
Hemp Cos. Win $134K In Investment Spat
A Colorado federal court has entered final judgment in favor of a hemp processing company sued in an investment dispute, awarding it more than $130,000, following on a judge's findings of fact and conclusions of law last month.
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April 10, 2024
'Varsity Blues' Judge Won't Recuse From Bid For Plea Redo
The Boston federal judge overseeing the waning "Varsity Blues" college admissions case said Wednesday he should be the one to decide whether a parent who pled guilty in the scandal's early days should be able to have the conviction erased, calling her recusal bid "fraught with judge-shopping."
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April 10, 2024
Fla. Lawyer Seeks 'Compassion' After Loan Fraud Conviction
Fresh off a failed bid to have her wire fraud conspiracy conviction nixed, a Florida attorney found guilty of fraudulently obtaining federal COVID-19 relief loans asked a Georgia federal judge for leniency in her upcoming sentencing.
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April 10, 2024
DeFi Platform Uniswap Discloses SEC Enforcement Notice
The firm behind decentralized crypto exchange Uniswap said on Wednesday that the U.S. Securities and Exchange Commission had notified the firm that it may soon face an enforcement case.
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April 10, 2024
Trump Fails Again To Halt NY Trial Over Claim Judge Is Biased
Donald Trump on Wednesday tried and failed for the third time in as many days to delay his upcoming hush-money trial, after arguing the judge should be removed for supposed bias and that the judge's rules were preventing him from defending himself.
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April 10, 2024
Feds Back Trial Delay For Sen. Menendez's Wife's Surgery
Prosecutors on Wednesday told the New York federal judge overseeing Sen. Robert Menendez's bribery case that they are in favor of postponing the May trial for a few months in light of a serious medical condition affecting Nadine Menendez, the senator's wife and co-defendant.
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April 10, 2024
Mich. Appellate Panel Won't Halt Election Case Against Atty
A Michigan appellate panel on Tuesday said it wouldn't pause criminal proceedings against an attorney accused of tampering with voting machines after the 2020 presidential election or consider her appeal of a trial court's decision to issue an arrest warrant for missing a hearing.
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April 10, 2024
1st Circ. Says Appellant's Death Erases Conviction
The First Circuit has vacated the stock fraud conviction of a biotech executive who died in prison, aligning itself with all the other federal circuits in adopting the longstanding principle that a defendant's death during a direct appeal of a conviction wipes out all the criminal proceedings from their inception.
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April 10, 2024
IRS' DOJ Referral Rules 'A Disaster,' Sen. Whitehouse Says
The IRS protocols for referring cases to the U.S. Department of Justice are "a disaster" for enforcing laws against bankers and other actors who help U.S. taxpayers evade taxes, Sen. Sheldon Whitehouse said Wednesday during a hearing on offshore tax evasion before the Senate Budget Committee.
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April 10, 2024
Ex-Judge Dropped From Harassment Suit After NJ Courts' Win
A New Jersey municipal court administrator has agreed to end a suit alleging she was sexually harassed by a former municipal court judge after a state superior court ruled she could not include the Administrative Office of the Courts as a defendant in the case.
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April 10, 2024
Feds Cleared To Use Undercover Recording In Atty's Tax Trial
Federal prosecutors trying an attorney next week on charges he orchestrated a tax fraud scheme that spanned seven states will be allowed to play for the jury an audio recording made by an undercover agent, a North Carolina federal judge ruled.
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April 10, 2024
Chase, Zelle Can Arbitrate Stolen-Funds Reimbursement Case
A Pennsylvania federal judge on Tuesday granted Chase Bank and Zelle's request to arbitrate customer claims they acted negligently and violated consumer protection laws by refusing to refund stolen funds, with the judge saying that relevant virtual terms of service required by Chase are valid, and that Zelle may enforce the agreement as a third-party beneficiary.
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April 10, 2024
Ex-BigLaw Atty In OneCoin Scam A Flight Risk, Feds Say
A former Locke Lord LLP partner who was convicted of laundering proceeds from the OneCoin cryptocurrency scam has "every incentive" to flee the country, prosecutors told a New York federal judge, arguing he shouldn't be allowed to stay out on bail while his appeal is pending.
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April 10, 2024
Pot Cos. Say California City Reneged On Fee Waiver Promise
Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.
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April 10, 2024
Ropes & Gray Adds DOJ Senior Litigator To DC Team
Ropes & Gray LLP has hired a U.S. Department of Justice litigator who spent the past decade with the agency working on False Claims Act matters and other related disputes, the firm announced Tuesday.
Expert Analysis
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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How 'Safe Harbor' Policy Will Modify M&A Processes
Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.
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What To Do If Your Client Is Under Congressional Investigation
Recent criminal contempt cases against Peter Navarro and Steve Bannon show that there are real consequences for refusing to cooperate with congressional investigations, but attorneys can successfully limit their clients’ exposure by negotiating their obligations and asserting key privileges, say attorneys at Crowell & Moring.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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New CFTC Enforcement Policy May Finally Deter Recidivists
The U.S. Commodity Futures Trading Commission’s recently announced policies designed to crack down on market misconduct recidivists may finally raise the stakes enough to motivate institutions to improve their compliance infrastructure, say Dan Chirlin and Marc Armas at Walden Macht.
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5th Circ. Ruling May Beget Fraud Jury Instruction Appeals
The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Questions Awaiting Justices In 'Repugnant' Verdicts Hearing
In McElrath v. Georgia, the U.S. Supreme Court will decide whether the double jeopardy clause bars retrial when a jury reaches a so-called repugnant, or logically contradictory, verdict — with the ultimate resolution resting on how this narrow issue is framed, say Brook Dooley and Cody Gray at Keker Van Nest.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Inside The Current State Of International Crypto Compliance
A recent Financial Action Task Force report regarding adoption of international virtual asset compliance standards reflects a fairly grim state of affairs, but a broader look at providers' risk mitigation efforts and developments is encouraging, say Leah Moushey and Franco Jofré at Miller & Chevalier, and Meredith Fitzpatrick at Forensic Risk Alliance.