White Collar

  • 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.

  • April 14, 2017

    FinCEN Wins 3rd Try At Freezing Tanzanian Bank Out Of US

    A D.C. federal judge on Friday granted the Financial Crimes Enforcement Network’s bid to cement the exclusion of a Tanzanian bank from the U.S. financial system over money laundering allegations, saying that after two prior freezes of the rule, “the third time really is the charm.“

  • April 14, 2017

    Philly Atty, Ex-Broker, AML Pro, CEO Charged With $2M Fraud

    Brooklyn federal prosecutors on Friday charged a CEO of a company supposedly developing a marijuana breathalyzer, a Philadelphia attorney, a barred broker and an anti-money laundering consultant of teaming up to commit a $2 million market manipulation and launder the proceeds.

  • April 14, 2017

    Wal-Mart Fights Investor Bid For Privileged Corruption Docs

    Wal-Mart Stores Inc. asked an Arkansas federal judge on Thursday to refuse investors' request for secret documents related to an internal corruption probe at the retailer's Mexican unit, saying the frustrated plaintiffs are trying to “piggyback” on work Wal-Mart's attorneys did in anticipation of lawsuits.

  • April 14, 2017

    HSBC To Pay $2.1M To Settle Small-Biz Loan Fraud Suit

    An HSBC Bank PLC unit has agreed to pay over $2.1 million to settle a qui tam False Claims Act suit alleging the bank tried to get reimbursed for loans made through a federal small-business lending program while knowing they were based on false information, Manhattan federal prosecutors said Friday.

  • April 14, 2017

    Ex-Sutherland Partner Trial Delayed For Competency Ruling

    The government’s prosecution of an ex-Sutherland Asbill & Brennan attorney who allegedly stole $2 million from an elderly client was put on hold Thursday, as a Georgia federal court gave 76-year-old Bennett Kight 30 days to prove claims that he’s unfit to stand trial because he suffers from dementia.

  • April 14, 2017

    Rakoff Turns Aside Ex-Herrick Tax Partner's Dismissal Bid

    Manhattan U.S. District Judge Jed S. Rakoff has denied a motion by former Herrick Feinstein LLP tax partner Harold Levine to dismiss criminal charges of obstructing the IRS and pocketing more than $3 million of fraudulent income.

  • 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.

Expert Analysis

  • 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.

  • DOJ 'Deconfliction' Requests: Considerations And Concerns

    Lanny A. Breuer

    Over the past year, we have seen an increase in requests from U.S. Department of Justice prosecutors for companies to defer interviewing their employee witnesses until after the government has had an opportunity to do so. These “deconfliction” requests raise a number of issues for companies who want to cooperate with the government’s investigation, say Lanny Breuer and Mark Finucane of Covington & Burling LLP.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • GC Whistleblowing And Other Implications From Bio-Rad

    Matthew Solomon

    Many aspects of the whistleblower retaliation case against Bio-Rad Laboratories brought by former general counsel Sanford Wadler — including Wadler’s sizeable recovery and a series of plaintiff-friendly decisions — bring to the forefront significant issues relevant to public companies, directors and other corporate stakeholders, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • Gorsuch's Judicial Tools For Fixing Overcriminalization

    John F. Lauro

    For those who are concerned about overcriminalization, President Donald Trump could not have selected a better U.S. Supreme Court nominee than Judge Neil Gorsuch. Three opinions reveal how he addresses this problem, says John Lauro, founder of the Lauro Law Firm and a former federal prosecutor.

  • Challenging Emoluments Clause Violations As A Conspiracy

    Randall Eliason

    I’m not confident that trying to hold the Trump Organization liable for President Donald Trump’s own constitutional violations will work. But there might be other legal theories under which a state attorney general could argue that Trump-owned companies act unlawfully when they receive emoluments. Consider a core white collar criminal statute — conspiracy to defraud the U.S., says Randall Eliason, a former federal prosecutor.