White Collar

  • April 14, 2017

    5th Circ. Affirms 3-Year Sentence For Tax Fraudster

    The Fifth Circuit on Thursday upheld a 36-month prison sentence for the owner of a salon equipment company who copped to a tax fraud charge, finding that a Texas federal court had backed up its conclusion that the owner also likely structured his bank deposits to avoid reporting requirements.

  • April 14, 2017

    Feds Net $2M From Conspirator In $36M Housing Scheme

    A Florida federal judge signed off on a $2 million forfeiture by the former CEO of Miami-based Carlisle Development Group accused of defrauding the government of $36 million meant for building low-income housing.

  • April 14, 2017

    Convicted Ex-Mass. Lawmaker Indicted Again For Obstruction

    A former Massachusetts state representative was charged Thursday with hiding $2.5 million in cash during his sentencing for embezzling hundreds of thousands dollars in federal transportation funds.

  • April 14, 2017

    Indian National Pleads Guilty To Massive Call Center Fraud

    An Indian national who was among 55 individuals indicted in a massive call center fraud, involving impersonating tax and other officials to extract hundreds of millions of dollars from victims nationwide, has pled guilty to his role and agreed to be deported post-sentencing, federal prosecutors said Friday.

  • April 14, 2017

    Drug Co. Hires Ex-SDNY Brass To Fight $181M Forfeiture

    Drug restocking company Guaranteed Returns and two of its executives have hired Sharon Cohen Levin, a WilmerHale attorney who formerly oversaw asset recovery in the Southern District of New York for 19 years, to contest prosecutors' $181 million forfeiture attempt after their conviction.

  • April 14, 2017

    Baxter Hit With DOJ Subpoena Over Saline Shortages

    Federal antitrust prosecutors are investigating Baxter International over saline shortages, the health care company said Friday, adding attention to an issue that has already drawn questions from a state attorney general and sparked lawsuits.

  • April 14, 2017

    Hedge Fund Adviser Ordered To Pay $27M For Ponzi Scheme

    A Connecticut federal judge has granted a bid by the U.S. Securities and Exchange Commission to force convicted Ponzi schemer Francisco Illarramendi to pay almost $27 million, saying his guilty plea in a related criminal case supports the SEC’s victory in its civil suit.

  • April 14, 2017

    Maynard Cooper Nabs Former US Atty In Alabama

    The former U.S. Attorney for the Southern District of Alabama has joined local firm Maynard Cooper & Gale PC as a partner in its litigation and white collar practices, the firm announced on Friday.

  • April 14, 2017

    SEC Sniffs Out $1M Of Shady General Communication Trades

    A Manhattan federal judge froze assets in two accounts that the U.S. Securities and Exchange Commission said Friday belong to an unknown trader or traders who took $1 million in profit on insider knowledge of Liberty Interactive Corp.'s $1.12 billion purchase of General Communication Inc.

  • April 14, 2017

    Arpaio Seeks Sessions' Testimony In Contempt Trial

    Embattled former sheriff Joe Arpaio, facing contempt charges for allegedly flouting orders to stop profiling Latinos during traffic stops, has added a high-profile name to his witness list: Attorney General Jeff Sessions.

  • April 14, 2017

    Contractors Must Prepare For Fallout From Classified Leaks

    When classified information gets leaked, most of the focus and the possible consequences fall on the person who disclosed the material — but when that person is an employee of a government contractor, the company could find itself facing the potentially devastating legal fallout as well.

  • April 14, 2017

    Wind Energy Co. Founder Defrauded Customers, Feds Say

    Federal prosecutors announced Thursday that they have charged the founder of a renewable energy company in Minnesota with mail and wire fraud in a multimillion-dollar scheme, saying he falsely represented that the company would build and maintain wind energy turbines on people's land.

  • April 13, 2017

    DOJ Hits Another Fintech Engineer With Code Theft Charges

    A software engineer was charged Thursday with attempting to steal proprietary computer code from his financial services firm, marking the second time in a week the acting U.S. Attorney for the Southern District of New York has announced trade secret theft-related charges in the financial services industry.

  • April 13, 2017

    Ex-DuPont Worker Urges Court To Halt Trade Secrets Suit

    A former DuPont Co. employee urged a Delaware federal court Thursday to stay the company's lawsuit accusing him of stealing its trade secrets until his related criminal case is resolved in New Jersey, saying he cannot participate in civil discovery and protect his Fifth Amendment rights.

  • April 13, 2017

    Detroit Doctor Charged With Female Genital Mutilation

    A Detroit emergency room doctor was charged on Wednesday in federal court with performing female genital mutilation on girls between the ages of 6 and 8 in Michigan in what the U.S. Department of Justice says is the first time someone has been charged with performing the procedure in the United States.

  • April 13, 2017

    Ringleader Pleads Guilty To Migrant Smuggling Conspiracy

    A Pakistani citizen admitted Wednesday that he was the mastermind of a scheme to smuggle foreigners without immigration papers into the U.S. via South and Central America, earning up to $15,000 per trip.

  • April 13, 2017

    Assault With Deadly Weapon Involves 'Moral Turpitude': BIA

    The Board of Immigration Appeals ruled Thursday that assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude, which can make noncitizens deportable under the Immigration and Nationality Act.

  • April 13, 2017

    Gospel Star's Atty Didn't Force Plea Deal, Judge Rules

    A gospel music star wasn't coerced by his attorney into entering a plea deal that called for $4.8 million in restitution and an almost 14-year imprisonment for scamming investors into purchasing bogus Saudi Arabian oil bonds, a Michigan federal judge ruled Thursday.

  • April 13, 2017

    Ex-Nomura MBS Traders Split On Bringing Up Internal Review

    Two former Nomura Securities International Inc. trading executives charged with secretly marking up mortgage-backed securities that the pair sold to customers asked a federal judge on Wednesday to prevent their co-defendant from bringing up an internal review that cleared him, saying it could make them look bad in comparison.

  • April 13, 2017

    Former EDNY Securities Fraud Chief Joins Debevoise

    Winston Paes, who led the business and securities fraud unit in the Eastern District of New York and prosecuted Martin Shkreli and executives at hedge fund Platinum Partners LP, has joined Debevoise & Plimpton LLP, the firm said on Thursday.

Expert Analysis

  • 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.

  • Gorsuch May Bring Needed Changes To Federal Sentencing

    Alan Ellis

    Should Judge Neil Gorsuch be confirmed to the U.S. Supreme Court, there may well be a paradigm shift in sentencing law, policy and practice, particularly in the area of acquitted, uncharged and unproven conduct at sentencing. His analysis of plain error review in Sabillon-Umana influenced Justice Anthony Kennedy's opinion in Molina-Martinez last April, say criminal defense attorneys Alan Ellis and Mark Allenbaugh.

  • English RBS Privilege Ruling Affects Internal Investigations

    Mary Pat Brown

    The English High Court's recent RBS decision has major implications for the way in which internal investigations with any connection to the U.K. are to be conducted and recorded, say Mary Pat Brown and David Foster of O’Melveny & Myers LLP.

  • John Doe Summonses: A Key IRS Tool Against Tax Evasion

    Matthew Lee

    A John Doe summons may be used to obtain information and records about a class of unidentified taxpayers if the IRS has a reasonable belief that they are engaged in conduct violating U.S. laws. Taxpayers with undisclosed offshore assets are advised to take advantage of IRS voluntary disclosure options, as the agency continues to crack down on tax evaders, says Matthew Lee of Fox Rothschild LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.