White Collar

  • July 19, 2017

    Judge Splits Albany Corruption Case, Trials Set For 2018

    A sprawling corruption case involving two former aides to New York Gov. Andrew Cuomo and hundreds of millions of dollars of rigged contracts was split in two by a federal judge in Manhattan on Tuesday, with trials set to begin in January and May.

  • July 19, 2017

    NY Judge Greenlights Racketeering Suit Over Event Co. Sale

    A New York federal judge ruled Tuesday that the founder of the Manhattan Cocktail Classic can proceed with her racketeering suit against a husband-and-wife duo she has accused of scamming her into selling the drinks festival’s production company and then paying less than a tenth of the nearly $1 million agreed-upon price.

  • July 19, 2017

    Trump: If He'd Known Of Recusal, Sessions Wouldn't Be AG

    President Donald Trump said he wouldn’t have appointed Attorney General Jeff Sessions if he'd known that Sessions would recuse himself from overseeing the investigation into possible collusion between Trump's campaign and Russia meddling in the election, according to a New York Times interview published Wednesday.

  • July 19, 2017

    Madoff Trustee Gets 2nd Crack At 2nd Circ. RBS Case Appeal

    A New York bankruptcy judge unwound his own decision refusing to let the Bernie Madoff bankruptcy trustee take an RBS clawback case dismissal to the Second Circuit, finding Wednesday that because the judge issued his decision too late, he hadn’t had the jurisdiction to make it.

  • July 19, 2017

    Shkreli Trial On Hiatus Over Gov't Evidence Gambit

    A Brooklyn federal judge on Wednesday put the securities fraud trial of Martin Shkreli on hold after prosecutors sought to introduce a host of investor documents without calling those witnesses to testify, sounding skeptical about the government's tactic. 

  • July 19, 2017

    Congresswoman's Atty Pleads Not Guilty In Nude Pics Case

    A former counsel to Rep. Stacey Plaskett, the Democratic delegate from the U.S. Virgin Islands, pled not guilty on Tuesday to allegations that he leaked nude photos and videos stolen off of Plaskett's iPhone.

  • July 19, 2017

    Atty Gets Prison For Obstructing NJ Time-Share Co. Probe

    The former general counsel of a bogus time-share consultancy in New Jersey was sentenced to a year and a day in federal prison on Wednesday for attempting to influence witnesses and for lying to investigators pursuing a criminal case against his onetime employers.

  • July 19, 2017

    9th Circ. Revives Calif. Tribal Officer Prosecution Fight

    The Ninth Circuit on Wednesday revived the Bishop Paiute Tribe’s lawsuit seeking to resolve a dispute with a California county about the tribe’s law enforcement rights, finding that a lower court should not have thrown the case out on jurisdictional grounds.

  • July 19, 2017

    NY Atty Charged Over Pump-And-Dump Scheme

    Federal prosecutors in Florida charged a New York attorney on Wednesday over his alleged role in a pump-and-dump scheme in which several co-conspirators issued shares in fraudulent shell companies and sold them to investors at a profit.

  • July 19, 2017

    Brit Charged In $37M Bitcoin, Office Co. Scam Skips Court

    A British man on the lam from the FBI and the U.S. Securities and Exchange Commission who stands accused of raising $37 million from investors in fraudulent schemes involving a bitcoin trading company and a co-working startup on Wednesday skipped a hearing on the New York federal civil case, surprising no one.

  • July 19, 2017

    SEC Settles Insider Trading Claims From Apple’s $355M Deal

    A former IT administrator of AuthenTec Inc. has settled the U.S. Securities and Exchange Commission’s claims that he traded on nonpublic information ahead of the fingerprint sensor maker’s $355 million sale to Apple Inc.

  • July 19, 2017

    Oil CEO Wants Evidence From 'Overbroad' Warrant Nixed

    An oil and gas entrepreneur charged with bank and visa fraud along with a separate charge of criminal contempt asked a New York federal judge on Wednesday to suppress any evidence found by investigators on his electronic devices because the warrant authorizing their seizure was overbroad and without a time limit.

  • July 19, 2017

    Judge Won't Order Forfeiture During Doc's $11M Fraud Appeal

    A Florida federal judge on Tuesday denied the government's bid to begin forfeiture proceedings while a Florida ophthalmologist appeals his conviction and 10-year sentence for defrauding Medicare and private insurers of $11 million.

  • July 19, 2017

    Dallas Atty Accused Of Rigging Fraud Marriage For Assistant

    A Dallas attorney has been charged with conspiracy to commit marriage fraud for allegedly arranging a marriage to secure lawful permanent resident status for his legal assistant, the U.S. Department of Justice announced Wednesday.

  • July 19, 2017

    SEC Sues 2 Men Over $3.8M 'Matched Trading' Scheme

    The U.S. Securities and Exchange Commission sued two men with checkered pasts in the securities industry in San Diego federal court Wednesday for an alleged $3.8 million scheme to manipulate the prices of two companies' shares by making it appear as if third parties where trading in them.

  • July 19, 2017

    Amphetamine-Laced Supplements Land Florida Exec In Jail

    The former president of a dietary supplement sales, marketing and distribution facility got slapped on Tuesday in Florida federal court with an 18-month prison sentence for introducing misbranded food containing amphetamines into interstate commerce, along with a $2.5 million money judgment reflecting the proceeds obtained due to the offense.

  • July 19, 2017

    Sessions Brings Back Adoptive Forfeiture With Some Tweaks

    U.S. Attorney General Jeff Sessions revived a program on Wednesday that allows state and local law enforcement authorities to borrow federal authority to forfeit seized assets whenever the underlying conduct also violates federal law.

  • July 19, 2017

    Menendez Urges Court To Nix Charges Based On McDonnell

    Sen. Bob Menendez called on a New Jersey federal court Tuesday to toss his corruption charges, arguing that the allegations fall short of the narrow definition of “official acts” set by the U.S. Supreme Court’s landmark McDonnell decision, less than a week after the conviction of ex-New York Assembly Speaker Sheldon Silver was thrown out based on the high court ruling.

  • July 19, 2017

    Infamous Lobster Thief Faces Arrest For Dodging Restitution

    A Manhattan federal judge ordered Arnold M. Bengis, who plundered South African lobster fisheries from 1987 until 2001, to serve 57 months in prison and to forfeit an additional $37.3 million at a Wednesday resentencing convened after Bengis dodged his obligation to pay back the victims of his massive exploitation.

  • July 19, 2017

    2nd Circ. Nixes Libor Convictions Over Forced Testimony

    The Second Circuit on Wednesday overturned the convictions of two former Rabobank employees charged with manipulating the London Interbank Offered Rate, saying the case relied on compelled testimony, which cannot be used in U.S. criminal cases even when legally compelled by foreign authorities.

Expert Analysis

  • 9th Circ. Raises The Bar On Misprision Of A Felony

    Andrew Goldsmith

    Just two days before the appointment of special counsel Robert Mueller, the Ninth Circuit added a new element to one of the potential crimes within his jurisdiction. In U.S. v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony. No other court has considered such a requirement in the 227 years since the crime was codified, says Andrew Goldsmith of Kellogg Han... (continued)

  • The UK's New Suspicious Activity Reporting Regime: Part 2

    Neil Gerrard

    Under the U.K. Criminal Finances Act 2017, the procedures for reporting suspicious financial activity have changed. Law firms, accounting firms and banks must now take on a more active role in identifying sources of information relevant to determining whether a money laundering offense has taken place, and must respond to information requests from other regulated firms, say attorneys with Dechert LLP.

  • Calif. Does Not Bar Defense Coverage For 'Willful Acts'

    Darren Teshima

    Although California Insurance Code Section 533 prohibits insurers from indemnifying policyholders for their intentional misconduct, insureds should carefully review applicable policies to see if policy language creates at least a reasonable expectation for defense coverage, say Darren Teshima and Harry Moren of Orrick Herrington & Sutcliffe LLP.

  • The UK's New Suspicious Activity Reporting Regime: Part 1

    Neil Gerrard

    The U.K. Criminal Finances Act 2017 introduces major changes to the regime for suspicious activity reports. To minimize the risk of serious business disruption, financial services firms, accounting firms and law firms doing business in the U.K. must be prepared to take a more considered approach to analyzing whether a suspicious activity report is genuinely required, say attorneys with Dechert LLP.

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How Kokesh Will Impact The FTC And Other Agencies

    Benjamin Mundel

    The U.S. Supreme Court's recent decision in the Kokesh case limits not just U.S. Securities and Exchange Commission enforcement actions, but also monetary relief sought by other agencies, like the Federal Trade Commission. A faithful application of this decision should lead to courts rejecting these agencies' long-standing practice of seeking penal monetary relief under their equitable authority, say Benjamin Mundel and Lucas Crosl... (continued)

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Stakes Are High For Those Caught In No-Poach Probes

    Elizabeth Prewitt

    The U.S. Department of Justice is reportedly examining whether Barclays breached antitrust laws by agreeing not to hire JPMorgan Chase employees. Reports that no formal investigation has yet been launched will only go so far in comforting the banks and individuals involved, given the DOJ’s recently announced intent to pursue certain no-poaching agreements criminally, say attorneys with Hughes Hubbard & Reed LLP.

  • DOJ Signals More Fairness In Multinational Investigations

    Brandon Fox

    The number of multinational criminal and regulatory investigations is increasing. The good news for companies that find themselves to be subjects of these investigations is that the U.S. Department of Justice now recognizes a need for global resolutions, says Brandon Fox, a partner at Jenner & Block LLP and former federal prosecutor.