White Collar

  • March 22, 2017

    Border Smartphone Searches Need A Warrant, 4th Circ. Told

    The American Civil Liberties Union, the Electronic Frontier Foundation and other advocacy groups have urged the Fourth Circuit to side with a man convicted of illegally smuggling firearms parts out of the country, a conviction based in part on a border search of his smartphone without a warrant.

  • March 22, 2017

    Pharmacist Convicted Of Racketeering, Cleared Of Murder

    A Massachusetts pharmacist was convicted Wednesday of a wide-ranging racketeering scheme for selling deadly drugs, but was cleared of murder charges stemming from the 2012 fungal meningitis outbreak.

  • March 21, 2017

    Big Internet Cos. Fell For $100M Email Scam, DOJ Says

    The U.S. Attorney’s Office for the Southern District of New York announced Tuesday that it has brought criminal charges against a Lithuanian man who used an email scam to successfully defraud two multinational internet companies out of $100 million.

  • March 21, 2017

    Ex-PSU Boss's Reporting Failure Enabled Sandusky, Jury Told

    Ex-Penn State University president Graham Spanier went to trial in Harrisburg on Tuesday facing arguments that his failure to report a suspected child abuse incident involving Jerry Sandusky more than 15 years ago had allowed the former coach and now-convicted child molester to continue victimizing young boys.

  • March 21, 2017

    Feds Seek To Block Agent, Trainer From Ballplayer Funds

    The federal government on Monday asked a Florida federal judge to block a baseball agent and an athletic trainer recently found guilty of smuggling Cuban ballplayers into the United States from receiving money from a group of foreign players or their family members.

  • March 21, 2017

    Ex-Dean Foods Chair Lists Years Of Insider Tips To Gambler

    New York federal prosecutors in the insider trading trial of prominent gambler Billy Walters led their star witness, a former Dean Foods chairman and current government cooperator, through his litany of shame as he told the jury he had tipped inside information to Walters so many times that he couldn’t count.

  • March 21, 2017

    Ex-Dewey Atty Tells Jury Of $6.9M Fee Error On Firm's Books

    A former Dewey & LeBoeuf LLP lawyer and current Barnes & Thornburg LLP partner on Tuesday told a Manhattan jury of his discovery of a $6.9 million discrepancy on the law firm’s books, while a defense attorney jabbed at his credibility over Twitter-related sanctions in a separate action.

  • March 21, 2017

    Caribbean Bank Says Regulator Used It Like A ‘Piggy Bank’

    Failed National Bank of Anguilla and a Caribbean financial regulator were sued Monday by a bank subsidiary for allegedly raiding $175 million from the unit's private deposits to prop up NBA before its bankruptcy, then illegally transferring the money to Bank of America NA.

  • March 21, 2017

    Pinnacle Affiliate To Pay $5M To End Gov’t Theft Charges

    An affiliate of low-income housing developer Pinnacle Housing Group Inc. will pay $5.2 million in forfeiture and fines to resolve charges that it stole government grant money by inflating the cost of construction work on four Florida projects.

  • March 21, 2017

    Administrator Gets Over 2 Years For $20M Hospice Fraud

    An administrator who served as the second-in-command at a now-defunct Illinois hospice chain was sentenced to more than two years in prison Tuesday for her role in a multiyear fraud that cost Medicare $20 million.

  • March 21, 2017

    JPMorgan Whistleblower Pushes For Snarky Judge's Removal

    A former executive at JPMorgan Chase & Co. who claims the bank fired her for flagging possible fraud pushed on Monday for the recusal of a New York federal judge who has said he "wouldn't wish this case on [his] worst enemy."

  • March 21, 2017

    Bharara Will Take Post At NYU Law School

    Former Manhattan U.S. Attorney Preet Bharara will join the New York University School of Law next month as a distinguished scholar-in-residence, the school said Tuesday, marking the first major commitment by the white collar prosecutor after he was sacked earlier this month.

  • March 21, 2017

    Ex-Honduran Soccer Head Granted $650K Bond Reduction

    A federal judge in Brooklyn on Tuesday granted a request by the former president of Honduras Rafael Callejas, who pled guilty to charges in the U.S. FIFA corruption case last year, to withdraw $650,000 in assets from from his bond package to pay legal and other expenses, a day after he made the request arguing that he has complied with all conditions of release.

  • March 21, 2017

    Philly DA Hit With Federal Corruption Charges

    Philadelphia District Attorney Seth Williams on Tuesday was hit with a federal indictment for allegedly accepting gifts and favors from two unidentified business owners in exchange for an appointment as a special adviser, a promise to intervene in a criminal case and other official actions.

  • March 21, 2017

    SEC Judge Finds Atty Liable In Marijuana-Related Co.'s Fraud

    A U.S. Securities and Exchange Commission administrative law judge found Tuesday that a California lawyer violated securities law by signing attorney opinion letters that improperly enabled a marijuana growing pod company to conduct illegal sales of restricted, unregistered stock.

  • March 21, 2017

    Tax-Dodging Moneyman Gets Nearly 6 Years, $10M Fine

    A Manhattan federal judge hit onetime Morgan Stanley banker Morris Zukerman with almost six years in prison and a $10 million fine Tuesday, calling the massive tax dodge he admitted to in June a crime of "unmitigated greed."

  • March 21, 2017

    3rd Circ. OKs Contempt Order Over Locked Hard Drives

    The Third Circuit upheld in a precedential ruling Monday a lower court's decision to hold a John Doe in contempt for refusing to unlock two external hard drives during a child pornography investigation, finding that the court’s decryption order doesn’t violate Doe’s Fifth Amendment rights.

  • March 21, 2017

    Hedge Fund Founder Calls SEC's Fraud Claims Deficient

    A hedge fund founder accused of spending investor money on his rent and car payments told a New York federal court Monday that the U.S. Securities and Exchange Commission’s securities fraud allegations are deficient, saying a disclaimer in newsletters sent to prospective investors renders his statements immaterial.

  • March 21, 2017

    Justices Greenlight 4th Amendment Claims After Court Date

    The U.S. Supreme Court on Tuesday said the Fourth Amendment allows wrongly imprisoned defendants to sue even after the start of a case against them, but the court refused to rule as to whether defendants can sue for malicious prosecution.

  • March 20, 2017

    Pa. Jurors Ready To Mull $116M Drug Refund Fraud Case

    A Pennsylvania federal jury will begin deliberating Tuesday whether a drug refund company defrauded customers, including the U.S. Department of Defense, out of $116 million they should have received for their unwanted medications, after a prosecutor hit back against claims that the company's conduct was sanctioned by its contracts.

Expert Analysis

  • Whistleblower Protections Vs. Confidentiality Obligations

    Debra S. Katz

    The case law related to confidential, proprietary or potentially privileged information that supports whistleblowers’ legal claims is not uniform. However, two recent decisions from California federal courts demonstrate that courts are willing to apply a proper balancing of interests when issues of confidentiality obligations arise in whistleblower retaliation cases, say Debra Katz and Aaron Blacksberg of Katz Marshall & Banks LLP.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • UK Leads Anti-Corruption Enforcement: Implications Of UWOs

    Ian Hargreaves

    As it is unlikely there will be significant opposition to the Criminal Finances Bill in the House of Lords, it is likely to become law during the mid to late part of 2017. "Unexplained wealth orders" will be a new and powerful tool available to U.K. criminal authorities to seize assets, says Ian Hargreaves of Covington & Burling LLP.

  • Risk Is Expanding Under The Kingpin Act

    Timothy A. Westrick

    There is a common misperception that only financial institutions are subject to economic sanctions compliance. However, companies in other markets can also find themselves at risk. Recent Foreign Narcotics Kingpin Designation Act enforcement actions against insurance companies send a cautionary signal, says Timothy Westrick, a senior manager at Treliant Risk Advisors and former federal prosecutor.

  • OFAC Takes Sanctions Jurisdiction Into Uncharted Waters

    Edward Krauland

    The Office of Foreign Assets Control’s recent finding that a Taiwan-based shipping company violated sanctions regulations has led to quite a bit of speculation about whether OFAC has asserted a broad new theory of jurisdiction. Bankruptcy proceedings, as opposed to other types of disputes in U.S. district court, have particular elements that appear to have been relevant to OFAC’s finding of jurisdiction, say attorneys with Steptoe & Johnson LLP.

  • When 'Employee Theft Including Forgery' Can't Cover Forgery

    Norman Tabler Jr.

    It’s probably true that sometimes, as Mr. Bumble said in Oliver Twist, “The law is a ass — a idiot.” Other times, though, the law may look like an ass at first glance but appear more reasonable on further inspection. The latter may be true of the Fifth Circuit opinion in Tesoro Refining v. National Fire Insurance, says Norman Tabler Jr. of Faegre Baker Daniels.

  • 2nd Circ.'s Stunning Assault On The Fraud Guidelines

    Daniel Wenner

    Ever since the U.S. Supreme Court freed sentencing judges from the bonds of the previously mandatory U.S. Sentencing Guidelines in Booker, defense lawyers have been on the attack. The Second Circuit's recent decision in Algahaim undoubtedly will provide more ammunition for white collar defendants and their lawyers at sentencing, says Daniel Wenner, a partner at Day Pitney LLP and former federal prosecutor.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Authentication Of Social Media Evidence: 2 Cases To Know

    Beth S. Rose

    Recently the Third Circuit and a New Jersey appellate court were presented with criminal cases in which defendants sought to overturn their convictions on the grounds that the lower courts improperly admitted unauthenticated social media evidence. Both courts concluded that the traditional rules of evidence were adequate to address social media evidence, says Beth Rose of Sills Cummis & Gross PC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.