White Collar

  • April 17, 2017

    Ex-Atlantic City Pol Gets Prison For Dodging Biz Taxes

    A former Atlantic City, New Jersey, councilman was sentenced Monday in Camden federal court to a split one-year sentence of prison and home confinement for trying to dodge a $119,880 income tax debt stemming from his boardwalk rolling chair business.

  • April 17, 2017

    SEC Disgorgement Could Face Tough Crowd At High Court

    The U.S. Supreme Court will hear oral arguments Tuesday over the U.S. Securities and Exchange Commission’s ability to collect disgorgement for conduct going back further than five years, and experts say the newest justice is likely to view the agency’s disgorgement powers with skepticism.

  • April 17, 2017

    Former Senior Fed. Prosecutor Joins Levine Lee In NY

    Levine Lee LLP expanded its white collar and securities practices in New York on Monday with the addition of a new partner who last served as third-in-command at the U.S. Attorney’s Office for the District of Connecticut.

  • April 17, 2017

    Assistant Trader, CFTC Reach Settlement Over False Reports

    A Chinese national who pled guilty in a 2014 criminal case to making false entries into a computerized record of commodities futures orders consented Friday to an injunction against future violations and a fine to settle a parallel U.S. Commodity Futures Trading Commission civil suit.

  • April 17, 2017

    Navy Officers' Bribery Suit Delayed As Discovery Piles Up

    Nine U.S. Navy and Marine Corps officers, charged in the massive bribery scheme in which officers allegedly exchanged sex and gifts for help with Navy port services contracts, won't be going back to court until September after a California federal judge granted a continuance Friday based on the volume of discovery implicated.

  • April 17, 2017

    WellCare Execs To Pay $26M Over Medicaid Fraud

    Two former executives of WellCare Health Plans Inc. must pay a combined $26 million to the U.S. Securities and Exchange Commission after they were convicted of health care fraud for failing to return millions of dollars in Medicaid payments, according to a Florida court order Monday.

  • April 17, 2017

    Justices Won't Hear Appeal Of $76M Rare Coin Seizure

    The U.S. Supreme Court on Monday declined to hear to an appeal from an en banc Third Circuit ruling that a set of rare gold coins valued at $76 million rightfully belonged to the government and not the heirs of an antique dealer accused of conspiring to smuggle them out of the U.S. Mint more than 70 years ago.

  • April 17, 2017

    Feds Say Litvak’s Brag Of ‘Victory’ Shows 2 Years Not Enough

    Former Jefferies & Co. bond trader Jesse Litvak called two years’ imprisonment a “victory” and boasted to a buddy that he’d “crush that sht,” federal prosecutors said Saturday in their request in Connecticut federal court that the fraud financier face a tougher sentence even though most of his convictions were struck down.

  • April 17, 2017

    Texas AG Paxton Can't Swap Judges In Securities Fraud Trial

    Attorney General Ken Paxton lost his bid for a new judge to preside over his felony securities fraud trial that was ordered moved away from his home turf of Collin County to Harris County last week, a spokeswoman for State District Judge George Gallagher said Monday.

  • April 17, 2017

    'Jersey Shore' Star, Brother Plead Not Guilty To Tax Crimes

    “Jersey Shore” star Michael Sorrentino and his brother, Marc Sorrentino, pled not guilty Monday in New Jersey federal court to a broader set of charges accusing them of not paying all of the federal income tax owed on roughly $8.9 million the reality TV personality earned, among other offenses.

  • April 17, 2017

    Atty Pays FTC $1.9M To End Foreclosure Scam Suit

    An attorney agreed to pay $1.9 million and be barred from the debt relief market to settle the Federal Trade Commission’s allegations that he lured homeowners into “mass-joinder” lawsuits against mortgage lenders with false promises of debt relief, according to a stipulated order filed in California federal court Friday.

  • April 17, 2017

    Judge Imposes $2.6B FCPA Fine On Odebrecht

    A Brooklyn federal judge on Monday ordered engineering conglomerate Odebrecht SA to pay $2.6 billion to the governments of Brazil, the U.S. and Switzerland for violations of the Foreign Corrupt Practices Act, in what prosecutors have called the “largest foreign bribery case in history.”

  • April 17, 2017

    Railroad Shipper Fights Feds On Pausing SEC Suit

    The co-founder of a railroad oil shipper urged a Minnesota district court Friday to reject federal prosecutors' bid to freeze U.S. Securities and Exchange Commission allegations he was involved in an $32 million stock manipulation scheme, saying it would hurt his case.

  • April 17, 2017

    NECC Owner Says FDA Fraud Is ‘Legal Impossibility’

    A part owner of the New England Compounding Center, the defunct Massachusetts pharmacy linked to the deadly 2012 meningitis outbreak, asked a federal judge Friday to dismiss the lone count against him, largely echoing the judge’s previous skepticism about fraud on federal regulators in the sprawling criminal case.

  • April 17, 2017

    Halal Food Co. Founder, Son Lose Appeal Over False Exports

    The founder of a halal food company and his son lost their attempt to overturn convictions tied to mislabeled halal exports Friday, as an Eighth Circuit panel tossed arguments that Congress had meant only for the U.S. Department of Agriculture to pursue mislabeled food violations.

  • April 14, 2017

    Docs In GWB Scandal Reveal Juror Issue Behind Mistrial Bid

    Two former public officials convicted in the George Washington Bridge lane-closing scandal had sought a mistrial in November on the grounds that New Jersey federal court officials had inappropriate contact with a distraught juror who had asked to be dismissed during deliberations, according to recently unsealed documents in the case.

  • April 14, 2017

    Longtime MoFo, Pomerantz Attys Launch Boutique Firm

    Three former BigLaw partners have started a boutique Bay Area firm specializing in tax, intellectual property, white collar and consumer protection law.

  • April 14, 2017

    Snarky Judge In Ex-JPM Exec Case Not Going Anywhere

    A cheeky New York federal judge refused Friday to take himself off a case brought by a former JPMorgan Chase & Co. executive who claims the bank fired her for flagging possible fraud, saying his wisecracks don’t rise to the level of bias.

  • April 14, 2017

    Cos. Have More Doubts About Antitrust Leniency Benefits

    As countries around the world are adding and beefing up antitrust leniency programs, in which companies can receive immunity from fines and prosecution in exchange for cluing in governments to anti-competitive behavior, businesses are questioning whether the programs are worth the sometimes enormous time and resources involved.

  • April 14, 2017

    3rd Circ. Backs 12-Year Sentence In Oil Investment Scheme

    The Third Circuit on Friday upheld a 12-year prison sentence for a Pennsylvania man who was accused of defrauding investors with false claims of owning more than a billion dollars worth of oil and attempting to file for bankruptcy with false petitions.

Expert Analysis

  • The Bumpy Road To Protection For Internal Whistleblowers

    Ryan S. Hedges

    The crux of the whistleblower protection debate centers on whether the Dodd-Frank Act protects whistleblower reports that are made internally within a company but not to the U.S. Securities and Exchange Commission. Even if the U.S. Supreme Court chooses to limit Dodd-Frank’s anti-retaliation provisions to SEC reports, it is unclear how much employers stand to gain, say Ryan Hedges and Brooke Conner of Vedder Price PC.

  • A Straightforward Insider Trading Statute Is Overdue

    Jason P. Gottlieb

    As Judge Jed Rakoff observed in a recent speech, it would benefit prosecutors, the courts and investors to have a clearly drafted statute setting forth, to the most specific degree possible, exactly what about insider trading is illegal, and why, say Jason Gottlieb and Daniel Isaacs of Morrison Cohen LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • D&O Insurance And The Conduct Exclusion

    Kevin M. LaCroix

    Most directors and officers insurance policies have conduct exclusions precluding coverage for fraudulent, criminal or willful misconduct, but mere allegations are insufficient to trigger this exclusion. A California state appeals court's recent decision in Heart Tronics v. Axis Insurance provides interesting insight into the operation of such an exclusion, says Kevin LaCroix of RT ProExec.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • DOJ Brief Opposing CFPB Brings More Uncertainty

    Ashley Taylor

    What will be most disappointing to Republicans and President Trump, and which is entirely possible given the issues the D.C. Circuit requested to be briefed, is an outcome which avoids the constitutional issues raised in PHH Corp. v. Consumer Financial Protection Bureau and decides the case on the basis of the statutory provisions of the Real Estate Settlement Procedures Act, say attorneys at Troutman Sanders LLP.

  • Challenging The Internal Revenue Code’s Omnibus Clause

    Joseph Martini

    A recent dissent by two judges on the Second Circuit in United States v. Marinello could lead to U.S. Supreme Court scrutiny of the Internal Revenue Code's omnibus clause, which makes it a felony to violate any provision of the code. The time may be right for the high court to tackle this issue, say Joseph Martini and Judd Lindenfeld of Wiggin and Dana LLP.