White Collar

  • May 16, 2017

    6 Sentenced In $172M Health Insurance Fraud Scheme

    Six people who took part in a “massive” $172 million health insurance fraud scheme involving the manufacturing and distribution of compounded medications have been sentenced by a Florida federal judge to between two and five years in prison for their role in the scheme, the U.S. Department of Justice said Tuesday.

  • May 16, 2017

    Malaysian Family Wants Some US Gov't Seizure Bids Tossed

    A family that the U.S. government says benefited from money stolen from a Malaysian sovereign investment fund asked a Los Angeles federal judge on Monday to dismiss the government’s efforts to seize New York real estate, a jet and music publishing rights, saying there’s no link to California in those cases.

  • May 16, 2017

    Ex Le-Nature's CEO Can't Escape Plea Deal, 3rd Circ. Says

    The Third Circuit on Tuesday rebuffed another attempt by the former CEO of now-defunct Le-Nature's Inc. to be released from a 2011 plea deal he struck with the government that resulted in a 20-year prison sentence for his role in a $668 million accounting fraud.

  • May 16, 2017

    Ex-InterMune Director Barred From Boards For Insider Trading

    A California federal magistrate judge on Monday permanently barred a former InterMune Inc. director from serving as an officer or director in a publicly traded company and refused to toss a jury verdict convicting him and a friend of insider trading. 

  • May 16, 2017

    House Authorizes National Cyber Security Center

    The federal government could soon have a fully authorized cybersecurity center after the House of Representatives voted Tuesday to officially approve the existing National Computer Forensic Institute.

  • May 16, 2017

    Trader Convicted In Galleon Probe Meets Skeptical 2nd Circ.

    A lawyer-turned stock trader encountered a skeptical Second Circuit Tuesday in his quest for a new insider-trading trial in the wake of U.S. v. Newman, with one judge remarking on the "improbability" of a scenario in which the convicted defendant did not know a stream of tips was flowing in exchange for material benefit.

  • May 16, 2017

    9th Circ. Agrees Ex-USDA Exec Knew About Grant Fraud

    A Ninth Circuit panel in a published opinion on Monday affirmed a conviction against the former Alaska state executive director of the U.S. Department of Agriculture’s Farm Service Agency, agreeing with the lower court that she knowingly hid a business partner’s submission of false statements to the USDA.

  • May 16, 2017

    Indicted Philly DA's Challenge To Removal Suit Slammed

    A former Philadelphia district attorney and the head of a prominent city law firm challenged arguments on Monday that they lacked standing to pursue a suit seeking to have R. Seth Williams, the city’s current top prosecutor, removed from office following his recent federal bribery indictment.

  • May 16, 2017

    Ex-Federal Prosecutor, Obama Lawyer Joins Freshfields In DC

    A former prosecutor who pursued fraud and financial criminals and did a stint in the White House as an adviser to President Barack Obama has moved to Freshfields Bruckhaus Deringer to advise companies and their top officials on global investigations and lawsuits, the firm said Tuesday.

  • May 16, 2017

    Developer Seeks McDonnell Instructions At UN Bribery Trial

    Chinese real estate developer Ng Lap Seng asked a Manhattan federal judge on Monday to tell a jury in an upcoming trial the government must prove he bribed U.N. diplomats in exchange for “official acts” as defined in the U.S. Supreme Court’s McDonnell ruling.

  • May 16, 2017

    Dismissed Juror Said 'Holy Spirit' Told Him Rep. Was Innocent

    A juror dismissed from the jury that found former U.S. Rep. Corrine Brown guilty last week of charges she diverted money raised for a sham education charity told fellow jurors that the Holy Spirit had told him Brown was innocent of all charges, according to a transcript unsealed Monday.

  • May 16, 2017

    SEC, VC Firm Say Ex-Partner Using ‘Docket As Soapbox’

    The U.S. Securities and Exchange Commission and venture capital firm Oak Investment Partners asked a Connecticut federal judge on Monday to disregard a motion by former Oak partner Iftikar Ahmed and prevent him from making even more “frivolous” motions than his 43 so far this year.

  • May 16, 2017

    UK Client Privilege Ruling Has Legal Sector On Red Alert

    A ruling by London’s High Court granting fraud squad officers access to confidential documents drawn up by a firm under criminal investigation could jeopardize critical concepts of legal privilege, attorneys warn.

  • May 16, 2017

    SEC Seeks Judgment Against Simpson Thacher Tipster

    The U.S. Securities and Exchange Commission urged a New Jersey federal judge on Tuesday to rule in its favor and lodge a $2 million fine in a civil insider trading case against the former Simpson Thacher & Bartlett LLP clerk who was sentenced last year to nearly four years in prison.

  • May 16, 2017

    Arnold & Porter Scoops Up Another Ex-DOJ Antitrust Atty

    A second attorney from the U.S. Department of Justice’s Antitrust Division during the Obama administration will rejoin Arnold & Porter Kaye Scholer LLP, which said Monday that Sonia Pfaffenroth will return to its Washington, D.C., office as a partner in September.

  • May 16, 2017

    Senate Majority Whip Drops Out Of Running For FBI Head

    U.S. Senator John Cornyn, R-Texas, on Tuesday said he has taken himself out of the running to serve as the next director of the FBI, one week after James Comey was ousted by President Donald Trump from the top spot at the agency.

  • May 16, 2017

    VW To Appeal Raid On Jones Day To German High Court

    Volkswagen AG will appeal to Germany’s highest court a recent ruling that prosecutors didn’t run afoul of the law when they raided the Munich office of Jones Day, the law firm Volkswagen hired to conduct an internal investigation of the automaker’s diesel emissions-cheating scandal.

  • May 16, 2017

    Unique Charging Process To Fuel Amtrak Engineer's Defense

    The engineer at the throttle of the fatal Philadelphia Amtrak derailment that killed eight in 2015 was poised to dodge a criminal prosecution last week, but the same highly unorthodox procedure that led to the state's attorney general charging him on Friday with a felony and two misdemeanors will undoubtedly fuel his defense.

  • May 16, 2017

    High Court Told Guilty Plea Can't Erase Constitutional Claim

    A man challenging the constitutionality of a law he pled guilty to violating by bringing a gun into a Capitol Hill parking lot argued in a recent U.S. Supreme Court brief that guilty pleas do not inherently waive the right to such appeals.

  • May 16, 2017

    Ex-Illinois Rep. Told To Stop Tweeting About Tax Case

    An Illinois federal judge warned former U.S. Rep. Melvin Reynolds on Tuesday that tweeting about his misdemeanor tax case is not appropriate, but not before Reynolds argued that prosecutors had behaved inappropriately themselves when they revealed the existence of his sex tapes in a court filing.

Expert Analysis

  • Series

    Evaluating FCPA Pilot Program: A Shift In Company Thinking?

    Mona Patel

    For a company considering whether to take the affirmative step of voluntary self-disclosure under the Foreign Corrupt Practices Act pilot program, it is difficult to ascertain precisely what could account for the difference between obtaining a declination, a 50 percent reduction in potential penalties or a 30 percent reduction in potential penalties, says Mona Patel of Covington & Burling LLP.

  • Series

    Evaluating FCPA Pilot Program: Declinations On The Rise

    Marc Alain Bohn

    Although the self-disclosure of potential Foreign Corrupt Practices Act violations always carries with it the risk of potential enforcement, the FCPA pilot program has been accompanied by a notable uptick in declinations by the U.S. Department of Justice. We have identified a record 15 DOJ declinations in 2016, along with another six DOJ declinations in 2017 to date, say Marc Alain Bohn and James Tillen of Miller & Chevalier Chtd.

  • Taxpayers Face Offshore Account Disclosure Dilemma

    Kaitlyn Gardner

    The IRS has two choices for taxpayers to voluntarily disclose and pay taxes on offshore assets: a more permissive but more expensive and time-consuming compliance program, and a second option with lower penalties and easier filing, but stricter qualifications. With no definitive guidance, this choice is a risky gamble, say Kaitlyn Gardner and Christopher Karachale of Hanson Bridgett LLP.

  • Decline In DOJ Antitrust Division Fines Is Likely Temporary

    Westrick_Tim_Treliant.jpg

    Criminal antitrust enforcement may appear to have dropped off in fiscal year 2016, if fines assessed on companies and executives are any measure. However, a deeper look provides a more accurate picture. In fact, the stage could be set for total fines to again surpass $1 billion in FY2017, says Timothy Westrick, a senior manager at Treliant Risk Advisors and former federal prosecutor.

  • When Arbitration Clauses Collide With Bankruptcy Laws

    Laura M. Fontaine

    A bankruptcy trustee or a debtor in possession has several specific powers that frequently come into conflict with a nondebtor’s desire to invoke an arbitration clause. The Fifth Circuit’s recent decision in Janvey v. Alguire pushed back on a trend of expanding the nonsignatory related parties that can be swept into arbitration, says Laura Fontaine of Gruber Elrod Johansen Hail Shank LLP.

  • HHS Has Its Eye On Medicaid Personal Care Service

    Melissa L. Jampol

    Speaking at a conference last week, the chief counsel for the U.S. Department of Health and Human Services Office of Inspector General stated that home health-related services currently are one of the two top anti-fraud priorities for the agency. In particular, a new area that is receiving increased scrutiny is the use of Medicaid personal care service, say attorneys with Epstein Becker & Green PC.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.