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White Collar
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May 19, 2025
Justices Punt On Tribe Leader's Extortion Immunity Claim
The U.S. Supreme Court on Monday rejected a petition from the former head of a Native American tribe who argued that the First Circuit was wrong to reinstate his convictions tied to the development of a casino project after it concluded that federal extortion law applies to tribal leaders.
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May 19, 2025
Ex-Navy Admiral Convicted Of Steering Contracts
A retired high-ranking U.S. Navy admiral was convicted Monday by a D.C. federal jury of bribery charges stemming from allegations that he steered Navy contracts to a consulting company whose executives promised him a lucrative post-retirement job.
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May 19, 2025
Cheesesteak Shop Owner's Sentence For Tax Scheme Vacated
A Philadelphia cheesesteak shop owner sentenced to almost two years in prison for a conspiracy to pay employees under the table could get a lighter sentence after the Third Circuit ruled he was wrongly given extra time for swaying workers who were actually in on the tax scheme.
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May 19, 2025
Conn. Con Man Admits To New $1.9M Medicaid Scam
A Connecticut man has admitted to a federal charge in connection with a Medicaid scam he ran with a now-former state employee that netted nearly $1.9 million, federal prosecutors said, noting that some of the criminal activity took place while he was in prison for a different healthcare ripoff.
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May 19, 2025
Calif. Landowners Seek Review Of 7th Amendment Precedent
A group of Northern California landowners has asked the U.S. Supreme Court to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
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May 19, 2025
'Tornado Cash' Founder Says Feds Withheld Key Evidence
Tornado Cash founder Roman Storm is demanding federal prosecutors conduct a "thorough" review for additional evidence in his case after the government disclosed in a separate crypto mixer prosecution that Treasury employees had a contrary view of the Justice Department's unlicensed money transmission theory.
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May 19, 2025
'50 Cent' Liquor Biz Eyes Ex-Boss's Conn. Home For $7M Debt
Famed rapper Curtis '50 Cent' Jackson's liquor company asked a Connecticut bankruptcy court to let the business enforce its lien on its former brand manager Mitchell Green's $1 million home in Westport to help satisfy a $7 million fraud judgment, arguing that the lien will not disrupt Green's Chapter 7 proceedings.
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May 19, 2025
CFTC Should Pay $3M Atty Fees After Sanctions, Firm Says
A foreign exchange firm that won dismissal of a U.S. Commodity Futures Exchange Commission case after a New Jersey federal judge sanctioned the agency for bad faith behavior now says the CFTC should have to pay nearly $3 million for failing to own up to its mistake sooner.
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May 19, 2025
Investment Adviser Seeks Cadwalader Notes In Fraud Case
An investment manager who used to be represented by U.S. Deputy Attorney General Todd Blanche when Blanche was a partner at Cadwalader Wickersham & Taft LLP has asked a Brooklyn federal judge to order the firm to turn over documents that he called "critical" to his defense on fraud and money laundering charges.
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May 19, 2025
Doc Loses 4th Circ. Fight Over $5.5M Order After FCA Deal
A North Carolina district court was right to reject a doctor and his wife's request to overturn or modify a $5.5 million judgment against them for allegedly hiding assets after settling a previous False Claims Act case with the government, the Fourth Circuit ruled Monday.
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May 19, 2025
Ex-Bank GC Fights $7.4M Fraud Restitution Schedule
A former Webster Bank general counsel has opposed part of a government plan for repaying the $7.4 million he pled guilty to taking by fraud, saying he will be in prison for four years, resigned as an attorney, remains unemployed and cannot work in banking once he's free.
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May 19, 2025
Judge Sets February Trial Date In Bribery Case Of Coal Exec
A Pennsylvania federal judge on Monday set a February trial date for a coal executive charged with bribing foreign officials for business, with jury selection beginning Feb. 3 and opening statements taking place Feb. 9.
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May 19, 2025
Avenatti Rips 'Draconian' Bid To Add 13 Years To Sentence
Former high-profile attorney Michael Avenatti asked a California federal judge to reject the government's request to tack on more than 13 years to his prison term, saying such a "draconian" result would conflict with a Ninth Circuit ruling wiping out a previous sentence in the fraud case.
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May 19, 2025
2 Menendez Associates Must Await Appeal Behind Bars
The Second Circuit rejected bids by two of the businessmen convicted of bribing ex-U.S. Sen. Robert Menendez to avoid prison pending their appeal on a blockbuster corruption conviction.
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May 16, 2025
FINRA Fines BTG Pactual Unit Over Lax AML Compliance
A U.S. brokerage unit of Brazilian investment bank BTG Pactual will pay $400,000 to the Financial Industry Regulatory Authority to settle claims that, among other things, its written policies didn't explain how it would monitor wire transfer requests to stay in compliance with anti-money laundering provisions.
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May 16, 2025
Name Mix-Up Costs Lender Property Claim, 5th Circ. Says
A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.
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May 16, 2025
9th Circ. Mulls DOJ Shield Of Jones Day VW Documents
A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.
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May 16, 2025
CFTC May Be Hobbled As Another Member Announces Exit
The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero announced Friday that she will be stepping down as commissioner at the end of the month, potentially leaving the agency struggling to move forward with only two members as it awaits congressional action on President Donald Trump's nominee for chair.
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May 16, 2025
SEC X Account Hack Conspirator Gets 14 Months
An Alabama man was sentenced in D.C. federal court Friday to 14 months behind bars for his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy.
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May 16, 2025
'Tuna Bond' Defendants Ordered To Pay $352M In Restitution
A Brooklyn federal judge ordered three former Credit Suisse bankers and the former finance minister of Mozambique to pay a combined $352 million in restitution Friday after they pled guilty or were convicted of scheming to defraud investors in a $2 billion state-backed development initiative involving tuna fishing.
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May 16, 2025
Families Rip DOJ Bid To Ditch Boeing 737 Max Criminal Case
The U.S. Department of Justice might back down from criminally prosecuting Boeing over the deadly 737 Max crashes and save the American aerospace giant from a high-profile trial in Texas next month under a tentative deal that attorneys for crash victims' families decried Friday as offensive and "morally repugnant."
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May 16, 2025
Live Nation Denies Colluding Over Pandemic Response
Live Nation denied any wrongdoing while appearing to acknowledge a U.S. Department of Justice criminal probe into potential collusion with fellow ticketing and entertainment company Anschutz Entertainment Group Inc. in their response to the COVID-19 pandemic.
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May 16, 2025
Accused Fox Video Hacker's Attys Slammed For Fake Citations
A Florida federal judge has ordered an alleged Fox News video hacker's dismissal motion stricken from the record after finding it was full of fake legal citations and demanded an explanation from defense attorneys for the "unprofessional misrepresentations."
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May 16, 2025
Florida Ex-Financial Adviser Admits To $8.4M Elder Fraud
A former financial adviser pled guilty to a criminal charge in connection to defrauding an elderly family member out of $8.4 million, admitting to a Florida federal court he made false misrepresentations that he was buying investments on her behalf, but he was actually spending the money on himself.
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May 16, 2025
Feds Want Ex-McKinsey Exec To Serve Time For Obstruction
Prosecutors urged a Virginia federal judge Thursday to sentence a disbarred, former senior McKinsey & Co. partner to one year in prison for obstructing an investigation into the consulting giant's work with opioid-manufacturer Purdue Pharma, while defense counsel pushed for probation so that he can return to his home in Thailand.
Expert Analysis
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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The Rising Need For The Selective Prosecution Defense
In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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How SDNY US Atty Nom May Shape Enforcement Priorities
President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.
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Applying ABA Atty Role Guidance To White Collar Matters
The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.
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Pete Seeger's Lessons For 2025 Congressional Investigations
The constitutional invalidation of singer Pete Seeger's contempt of Congress conviction serves as a reminder for the 119th Congress to focus its investigations on the details, instead of committee member motivations, says Matthew Miller at Foley Hoag.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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What Companies Should Consider During FCPA Pause
While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.
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How Criminal Enforcement Of Trump Tariffs May Work
While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.