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White Collar
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May 21, 2025
Tribes Push To Preserve Challenges To Okla. Prosecutions
The Cherokee, Chickasaw and Choctaw nations are dialing up their opposition to two Oklahoma district attorneys' attempts to prosecute tribal citizens for crimes committed in Indian Country, telling a federal court that prior case law makes it "readily apparent" that these state actions can't stand.
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May 21, 2025
CFTC Member Says Enforcement Needs More Transparency
The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero on Wednesday called on the agency to be more transparent about its enforcement decisions, while laying out the factors she weighs in crediting firms for self-reporting and cooperation.
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May 21, 2025
Florida Ex-Hospital Exec Charged In $3.6M Fraud Scheme
The former chief operating officer of the fundraising arm for a Miami-based health system was charged with wire fraud and conspiracy in connection with a scheme to falsify $3.6 million in vendor invoices that funneled more than $1 million in kickbacks paid directly to her, Florida federal prosecutors said Wednesday.
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May 21, 2025
Verizon Looks To Break Free Of TracFone Unlocking Condition
Verizon is once again asking the Federal Communications Commission to let it out of a condition from its takeover of TracFone requiring the carrier to unlock its mobile phones after 60 days.
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May 21, 2025
Ex-Con's Gun Case Can't Overcome Immunity, Feds Say
The FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives cannot be the targets of a lawsuit filed by a man who claims he was wrongly denied a firearm purchase despite his four-decades-old marijuana felony being expunged, the government argued, telling a Kansas federal court that both agencies have sovereign immunity on the matter.
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May 21, 2025
Girardi's Son-In-Law Was No 'Babe In The Woods,' Feds Say
The Chicago federal judge presiding over a summer client theft trial against Girardi Keese founder Tom Girardi's son-in-law should not limit the government's case based on positions it took during Girardi's California trial because its positions are consistent, and the cases are charged differently, prosecutors argued Wednesday.
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May 21, 2025
Ex-Atty's Cooperation Deal OK'd In Calif. Debt Firm's Ch. 11
A California bankruptcy judge on Wednesday approved a deal allowing a disbarred attorney accused of operating a fraudulent debt relief law firm to admit wrongdoing and provide information about the firm's collapse to a court-appointed trustee in an effort to recoup money for creditors.
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May 21, 2025
Reed Smith Grows In Atlanta With Kilpatrick White Collar Pair
Reed Smith LLP has expanded its Atlanta office with two longtime Kilpatrick Townsend & Stockton LLP partners, including the former co-leader of Kilpatrick's government enforcement and investigations team and head of its white collar and investigations practice, the firm announced Wednesday.
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May 21, 2025
SF Law Firms' Ex-CFO Gets 3 Years For Embezzling $1.3M
A former chief financial officer of two San Francisco law firms was sentenced to just over three years in prison Wednesday for stealing more than $1.3 million from the firms and others, after one firm's founder said the defendant appeared to enjoy "stabbing us all in the back."
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May 21, 2025
Payday Lender's Ex-CEO Pleads Guilty In $66M Ponzi Scheme
The former CEO of a Miami payday loan company pled guilty Wednesday to operating a Ponzi scheme that prosecutors say fraudulently raised $66 million from more than 500 investors.
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May 21, 2025
Ex-Atty For Slain Journalist Khashoggi Admits Tax Crime
An attorney who once represented the slain journalist Jamal Khashoggi pled guilty to filing a false tax return, admitting that he withheld $355,000 from the Internal Revenue Service.
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May 21, 2025
Distiller Says Ex-Partner, Attys Used RICO Suit To Ruin Him
A Pennsylvania distiller claims his erstwhile partner in Pittsburgh's Kingfly Spirits launched years of litigation against him designed to ruin his reputation and career, saying in a complaint of his own that the ex-collaborator texted him "game on" before beginning his abusive legal campaign.
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May 21, 2025
Democrats Wary of Nominees' Pledge To Honor Court Orders
Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.
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May 21, 2025
Apple Lets Fortnite Back In App Store As Appeal Pends
Apple has allowed Epic Games to put its popular Fortnite video game back in the App Store, while the sides await a ruling on Apple's bid to pause an injunction mandating additional changes to its policies issued after the court found it had violated a previous order.
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May 21, 2025
SafeMoon CEO Convicted Of Looting Crypto Company
A Brooklyn federal jury on Wednesday quickly found the former CEO of SafeMoon guilty of conspiring to loot over $40 million from the cryptocurrency firm, making him the second former top leader of the once-hot company to be convicted while its founder remains a fugitive.
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May 21, 2025
Sports Betting Fraudster Gets 5 Years In Prison
A Las Vegas man was sentenced Wednesday in Ohio federal court to five years and five months in prison after pleading guilty in a case alleging he used sports betting businesses to bilk $8.5 million from investors for his personal enrichment.
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May 21, 2025
Device Maker Who Evaded Tax Gets 2 Years In Prison
A Florida man who sold millions of dollars worth of medical devices that federal prosecutors said were unproven to work was sentenced to two years in prison for evading taxes and ordered to pay $2.3 million in restitution to the Internal Revenue Service.
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May 21, 2025
Apologetic NJ Atty Gets 21 Months For $350K COVID Fraud
A New Jersey attorney sentenced to 21 months in federal prison on Wednesday for claiming he was a business in order to receive nearly $350,000 earmarked for small businesses amid the COVID-19 pandemic apologized to the court for the "embarrassment" he caused to the legal profession.
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May 21, 2025
Ex-Alvarez & Marsal CPA Sentenced To 20 Months In Tax Case
A former accountant at consulting firm Alvarez & Marsal has been sentenced to 20 months in prison and ordered to pay the Internal Revenue Service over $2 million for willfully not reporting his income and falsifying the returns in his mortgage application, according to a D.C. federal court.
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May 21, 2025
11th Circ. Lets Man Seek Rare Writ To Fight $21M Restitution
A former payroll director serving time for defrauding hospitals in an employment tax scheme can challenge his $21 million restitution by pursuing a rare legal remedy, the Eleventh Circuit ruled, saying the fact that he's in custody doesn't make him ineligible to apply.
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May 21, 2025
Gov't Violated Court Order With Removals, Judge Says
A Massachusetts federal judge on Wednesday found that the government violated his order requiring due process protections for individuals facing removal to countries where they have no ties and may face harm, after a group of migrants were put on a plane bound for war-torn South Sudan with just hours' notice.
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May 21, 2025
Atty Has Bail Revoked For Continuing Embezzlement After Arrest
A Massachusetts magistrate judge on Wednesday revoked bail for an attorney who pled guilty to embezzling more than $3 million from several companies and two family members with special needs and dementia, after prosecutors said he was still siphoning funds from victims' accounts after being charged.
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May 21, 2025
Feds Say Atty Behind Embassy Attack Can't Avoid Restitution
A Florida attorney who claimed he was unable to pay restitution for felony convictions after he detonated explosives in San Antonio and outside the Chinese Embassy in Washington, D.C., cannot avoid the $325,000 bill, federal prosecutors told a D.C. federal court.
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May 21, 2025
CFTC Faces Leadership Void As 3rd Commissioner Plans Exit
U.S. Commodity Futures Trading Commission member Kristin Johnson has become the third agency member to announce her upcoming departure within the space of a week, potentially leaving the market regulator with a single voting member as it awaits the appointment of a new chair.
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May 21, 2025
Nadine Menendez Taps Cozen O'Connor To Fight Conviction
Former Sen. Bob Menendez's wife, Nadine Menendez, has added Cozen O'Connor as co-counsel as she fights to overturn her conviction on bribery charges, according to a filing in New York federal court.
Expert Analysis
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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UK Refusal Of US Extradition Request May Set New Standard
The recent U.K. Supreme Court ruling in El-Khouri v. U.S., denying a U.S. extradition request, overturns a long-held precedent and narrows how U.K. courts must decide such requests, potentially signaling a broader reevaluation of U.K. extradition law, say lawyers at Dechert and Kingsley Napley.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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A Closer Look At Money Laundering Sentencing Issues
Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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How Foreign Cos. Should Prep For New UK Fraud Law
As the U.K. prepares to hold companies criminally liable for failing to prevent fraudulent acts of their associates, U.S. and global companies should review their compliance measures against the broad language of this new offense, which could permit prosecution of acts committed entirely abroad, say attorneys at Latham & Watkins.