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White Collar
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April 04, 2024
Trump's Free Speech Challenge Rejected In Ga. Election Case
A state court judge on Thursday refused to dismiss the indictment charging former President Donald Trump and his co-defendants in the Georgia election interference case on First Amendment grounds, saying the charges did not violate their constitutional right to free speech.
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April 03, 2024
2nd Circ. Told FIFA Bribery Convictions Rightly Nixed
A former 21st Century Fox television executive and an Argentine sports marketing company told the Second Circuit that a lower court was right to toss their convictions related to the FIFA corruption scandal, contending that U.S. law does not reach foreign commercial bribery.
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April 03, 2024
Accused 'Shadow Trader' Takes Stand To Slam SEC's Case
A former Medivation executive accused of "shadow trading" when he purchased stock in rival Incyte testified in his California federal civil trial Wednesday that he didn't base that decision on confidential information, and he didn't think even "for one second" that he was violating securities laws.
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April 03, 2024
Police Had It Wrong In Reports On Migrant's Death, Jury Told
An Arizona jury weighing charges that a rancher killed a migrant who was found dead on his property heard Wednesday from the rancher's wife, who was pressed on a discrepancy between officers' reports of how many people she had seen outside that day and her own memory.
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April 03, 2024
NJ Tax Preparer Accused Of $150M COVID Relief Fraud
A New Jersey tax preparer has been indicted over what prosecutors are calling a yearslong scheme in which he filed more than 1,600 bogus tax forms seeking over $150 million in COVID-19-related employment tax credits for his clients and his own businesses that they weren't eligible for, the U.S. Department of Justice announced Wednesday.
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April 03, 2024
OneCoin Atty Gets 4 Years For Role In $4B Crypto Fraud
The former head of legal and compliance at OneCoin on Wednesday was sentenced to four years in prison for her role in the $4 billion cryptocurrency scheme that defrauded millions of investors around the world.
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April 03, 2024
UK Billionaire Lewis Agrees To $1.64M Insider Trading Penalty
British billionaire Joseph Lewis has agreed to pay $1.64 million to settle the U.S. Securities and Exchange Commission's civil claims he fed confidential tips to his personal pilots and then-girlfriend after pleading guilty to related criminal charges earlier this year.
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April 03, 2024
Netflix Libel Trial To Feature Full Central Park 5 Series
Jurors will watch Netflix's entire four-part dramatization of the Central Park Five rape case and exoneration before deciding whether the series defamed a longtime top prosecutor in the Manhattan District Attorney's Office, a New York federal judge ruled Wednesday ahead of the trial.
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April 03, 2024
Trump's Late Immunity Motion Fails To Halt Hush Money Trial
A New York judge on Wednesday rejected Donald Trump's effort to delay his hush money trial based on his claimed presidential immunity from criminal prosecution, keeping the historic case on track for jury selection later this month.
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April 03, 2024
Ga. Man Gets 3 Years In Prison For COVID-19 Fraud Scheme
A metro Atlanta man was sentenced to three years in prison and ordered to pay more than $279,000 in restitution for laundering money procured from fraudulent unemployment claims filed during the COVID-19 pandemic.
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April 03, 2024
Chubby Checker Boyhood Home To Sell In Ponzi Receivership
The childhood home of acclaimed '60s rock-and-roller Chubby Checker will get a new owner after a Texas federal court found that a sale is in the best interest of a receivership in a $185 million alleged Ponzi scheme involving two precious metals dealers who swindled senior citizens.
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April 03, 2024
Judge Wary Of Atty's Bid To Cut Sentence For Hiding Assets
A Seventh Circuit judge appeared skeptical Wednesday of an Illinois lawyer's contention that she should not have received an abuse-of-trust sentencing enhancement for helping her brother conceal more than $350,000 in bankruptcy assets, noting she deposited them in her attorney trust account and attempted to assert attorney-client privilege to hide her conduct from the trustee.
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April 03, 2024
Joonko Tells Chancery Ex-CEO Shouldn't Get Legal Fees
Defunct job board startup Joonko, which closed last year after its CEO resigned amid fraud allegations, told Delaware's Court of Chancery on Wednesday that it has no obligation to advance her defense costs in federal government investigations because she is no longer a director or officer of the company.
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April 03, 2024
SEC Investigators Say Attys Harm Clients By 'Behaving Badly'
U.S. Securities and Exchange Commission staff warned attorneys at a Washington, D.C., conference Wednesday that delaying regulatory investigations destroys their credibility and could potentially harm their clients' chances of striking a favorable deal as the agency's Enforcement Division pushes for more cooperation from targeted businesses and individuals.
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April 03, 2024
Amazon Book Scammer Can't Trim Prison Time
The Sixth Circuit affirmed a 16-year prison sentence Tuesday for a man who scammed Amazon by renting textbooks from the e-commerce giant and then selling them at a profit, ultimately costing Amazon approximately $3.2 million.
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April 03, 2024
Trump Ally Brings Ethics Query Over Judge's CNN Interview
An ally of Donald Trump has raised ethics concerns about a senior D.C. federal judge, complaining that the judge's statements on CNN about the former president's statements about the judiciary was "highly prejudicial" toward Trump's four pending criminal cases.
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April 03, 2024
Pharma Exec, Cousin Cop To Insider Trading On Kodak Loan
A pharmaceutical company's executive and his cousin on Wednesday pled guilty to trading on information they acquired through the company's partnership with Eastman Kodak Co. about a government loan the photography giant was set to receive during the COVID-19 pandemic.
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April 03, 2024
Ex-Saul Ewing Paralegal Gets 2 Years For $600K Fraud
An Illinois federal judge sentenced a former Saul Ewing LLP paralegal to two years in prison for embezzling more than $600,000 from the firm's bankruptcy practice over nine years, which she used to make mortgage payments, buy a car and partially fund her son's college education.
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April 03, 2024
Ex-NBA Guard's Health Fraud Perjury Merits Prison, Feds Say
Manhattan federal prosecutors said a former Detroit Pistons point guard who was convicted on one of two counts over an alleged scheme to defraud the NBA's healthcare plan should be sentenced to 27 to 33 months in prison, claiming he lied during his testimony.
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April 03, 2024
Salesman Admits Lying To IRS In Tax Preparer's Refund Scam
A timeshare salesman who benefited from a scheme that inflated tax refunds pled guilty to obstruction after lying to Internal Revenue Service agents who sought to collect his 2015 tax refund.
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April 03, 2024
Truth Social Investors Cop To Fraud In $23M Insider Case
Two Florida venture capitalists on Wednesday admitted to insider trading on confidential plans to take former President Donald Trump's media company public, after prosecutors charged that the Truth Social fraud netted them and a third defendant $23 million.
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April 03, 2024
Special Counsel Tells Judge Cannon To Rule On PRA Issue
The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.
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April 02, 2024
Ex-Autonomy Exec Denies He Blew Whistle To Deflect Scandal
Autonomy's former U.S. chief financial officer denied under cross-examination Tuesday in the California criminal fraud trial of ex-CEO Michael Lynch that he brought whistleblower concerns about alleged accounting irregularities to the software company's Deloitte auditors to "cover" himself after a payroll scandal emerged in his department.
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April 02, 2024
Citi Says 'Misguided' NY Fraud Protection Suit 'Mangles' Law
Citibank NA on Tuesday urged a New York federal court to throw out the Empire State attorney general's suit claiming it lacks necessary online security measures, slamming the complaint as "misguided" and arguing that it "mangles" the text of the Electronic Fund Transfer Act.
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April 02, 2024
Trump Wants New Bite At Recusal Over Judge's Daughter
Donald Trump is again seeking the recusal of the judge overseeing his Manhattan criminal case, saying the judge's daughter and her political consulting firm stand to financially benefit from the case, while prosecutors argued Trump's "daisy chain of innuendos" isn't evidence that the judge, or his daughter, will gain anything.
Expert Analysis
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Young Thug Case Spotlights Debate Over Lyric Admissibility
A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.
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Opinion
Prosecutors Must Choose Wisely When Enforcing Rule Of Law
When considering charging a person for a crime, prosecutors must choose when to enforce the rule of law, and comparing the Donald Trump election case with the gun and drug charges against Hunter Biden can teach a lot about deciding which cases to pursue, says former Connecticut judge Thomas Moukawsher.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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How 'Safe Harbor' Policy Will Modify M&A Processes
Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.
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What To Do If Your Client Is Under Congressional Investigation
Recent criminal contempt cases against Peter Navarro and Steve Bannon show that there are real consequences for refusing to cooperate with congressional investigations, but attorneys can successfully limit their clients’ exposure by negotiating their obligations and asserting key privileges, say attorneys at Crowell & Moring.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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New CFTC Enforcement Policy May Finally Deter Recidivists
The U.S. Commodity Futures Trading Commission’s recently announced policies designed to crack down on market misconduct recidivists may finally raise the stakes enough to motivate institutions to improve their compliance infrastructure, say Dan Chirlin and Marc Armas at Walden Macht.
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5th Circ. Ruling May Beget Fraud Jury Instruction Appeals
The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.