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White Collar
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May 28, 2025
1st Circ. Revives Hedge Fund Priest's SEC Fee Bid
A Greek Orthodox priest and hedge fund founder who partially defeated an SEC suit at trial will have his request the agency pay his attorney fees reconsidered following a First Circuit ruling that a lower court should consider the gap between the SEC's requested relief and the relief it obtained.
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May 28, 2025
SEC Says Florida Adviser Targeted Catholics In $17.3M Fraud
The U.S. Securities and Exchange Commission has accused a former investment adviser and his two Florida companies of misappropriating $17.3 million from dozens of clients, including elderly individuals and Catholic dioceses in Venezuela.
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May 28, 2025
Regeneron Urges Judge In FCA Kickback Suit To Set Trial Date
Regeneron Pharmaceuticals Inc. on Wednesday pressed a Massachusetts federal judge to ready a long-running False Claims Act suit for a jury and reject the government's second bid for a pretrial win under a different legal theory following a First Circuit setback.
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May 28, 2025
Stay Won't Be Lifted On Claims Over $93M Real Estate Fraud
Victims of a $93 million Miami real estate development scheme won't be able to pursue their claims — at least for now — against the company's former CEO after a Florida federal judge on Wednesday denied their request to lift a stay on litigation during a U.S. Securities and Exchange Commission receivership.
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May 28, 2025
Execs Smuggled Billions In Goods To Skirt Duties, Feds Say
Two California shipping company executives have been charged with smuggling billions of dollars' worth of goods from the United States into Mexico — avoiding millions of dollars in duties to Mexico — using bogus documents, shell companies, bribes to public officials and kickbacks to drug cartels.
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May 28, 2025
French Duo Can't Escape SEC's $40M Real Estate Fraud Suit
Two French half-brothers whom the U.S. Securities and Exchange Commission has accused of misappropriating $40 million from investors in a real estate investment fraud scheme lost their bid to get the suit tossed, with a Florida federal judge ruling Wednesday that the investment contracts at issue in the suit qualify as securities.
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May 28, 2025
Cannabis Cos. Eye High Court Review After 1st Circ. Decision
The First Circuit's decision upholding the dismissal of a splashy federal case challenging the national ban on marijuana was all but inevitable given the controlling case law on the issue, which can only be resolved by the U.S. Supreme Court, legal experts and cannabis attorneys told Law360.
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May 28, 2025
Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme
A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.
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May 28, 2025
'ComEd Four' Denied New Trial After High Court Ruling
An Illinois federal judge on Wednesday denied a motion by Commonwealth Edison Co.'s former CEO and lobbyists to throw out their corruption convictions in the wake of a recent U.S. Supreme Court false-statement ruling, saying the jury made a "reasonable call" that they falsified internal records to hide the steering of benefits to ex-Illinois House Speaker Michael Madigan.
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May 28, 2025
Sens. Urge Treasury To Rescind Ownership Reporting Rule
A bipartisan duo from the Senate Finance Committee has urged Treasury Secretary Scott Bessent to fully implement the Corporate Transparency Act, criticizing an interim final rule that exempts domestic businesses from contested reporting regulations.
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May 28, 2025
3rd Circ. Says Pot Smell Needs Link To Suspect For Search
A Third Circuit panel on Wednesday found that the smell of cannabis alone is not enough to establish probable cause to arrest or search a person unless it can be linked by the arresting officer to the suspect.
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May 28, 2025
Security Exec Gets $20K Fine For Rigging DOD Contracts
A former executive with a Belgian security company pled guilty to antitrust violations Wednesday in D.C. federal court, receiving a sentence of probation and a $20,000 fine for conspiring with rivals to rig bids for U.S. Department of Defense contracts in Belgium.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
Ohio Exec Pleads Guilty In Ponzi Scheme Investigation
A Toledo, Ohio, investment firm executive has copped to a role in a purported Ponzi scheme that Ohio Attorney General Dave Yost said bilked investors out of $72 million.
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May 28, 2025
Vt. Judge To Order Release Of Harvard Researcher
A Vermont federal judge on Wednesday said a Harvard Medical School researcher and Russian national accused of smuggling frog embryos into the United States is entitled to release from immigration custody while she challenges her detention.
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May 28, 2025
IUOE Ex-Leader Pardoned In DOL Disclosure Case, Attys Say
President Donald Trump has pardoned a former International Union of Operating Engineers president who was facing the prospect of six months in prison for accepting free sports tickets without disclosing their value to the U.S. Department of Labor, his attorneys told a Washington, D.C., federal judge Wednesday.
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May 28, 2025
4th Circ. Backs 5-Year Sentence In $9.3M Ponzi Scheme
The Fourth Circuit stood by a lower court's decision to imprison a North Carolina man for 63 months after he pled guilty to wire fraud and "use of manipulative and deceptive devices," concluding that the sentence is not unreasonable and was ordered after proper consideration of the public interest.
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May 28, 2025
One Convicted For Role In €195M VAT Fraud Scheme
A Munich court convicted a man for his role in a value-added tax fraud scheme that spanned 17 countries and caused an estimated €195 million ($220 million) in damages, the European Public Prosecutor's Office said Wednesday.
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May 28, 2025
DC Circ. Denies Steve Bannon's Bid For En Banc Rehearing
Right-wing media figure Steve Bannon, who was a chief strategist during the first Trump administration, has been rebuffed in his bid for an en banc rehearing at the D.C. Circuit on his contempt of Congress conviction, a move his legal team deemed "overriding politicalization."
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May 28, 2025
Ga. Bank Wins Appellate Review Of Claim Against Law Firm
The Georgia Court of Appeals has agreed to review a dismissed portion of a bank's suit against law firm Stanley Esrey & Buckley LLP, after the bank argued it had sufficiently explained that it loaned millions of dollars to a woman who was later convicted of fraud based on the firm's "false assurances."
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May 28, 2025
Ex-Benghazi Investigator Sworn In As Interim NorCal US Atty
A longtime Los Angeles attorney and former investigator into the 2012 terrorist attack in Benghazi, Libya, that killed four Americans was appointed on Tuesday as interim U.S. attorney in California's Northern District, where he'll be allowed to serve up to 120 days pending Senate confirmation.
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May 28, 2025
Trump Nominates Ex-Personal Atty Emil Bove For 3rd Circ.
President Donald Trump announced on Wednesday he is nominating Emil Bove, his former criminal defense attorney who served as acting deputy attorney general, for the Third Circuit.
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May 28, 2025
$8M Penalty Sought In Par Funding Exec's Racketeering Case
A cash advance company's ex-financial officer, who once worked as both an accountant and a competitive food eater, should pay $8 million to the federal government after admitting he helped run a $404 million racketeering scheme, federal prosecutors told a Pennsylvania court.
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May 27, 2025
OneTaste Co-Founder Tells Jury Of Group's Pressure Tactics
The co-founder and former chief operating officer of OneTaste on Tuesday testified that he and ex-CEO Nicole Daedone manipulated adherents of the sexual wellness company's teachings and described how psychological pressure was used to keep workers in line, as the trial of its former top executive and the head of sales entered its third week.
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May 27, 2025
Judge Taps Attys To Lead Ex-UMich Coach Hacking Suits
Eight lawsuits accusing the University of Michigan of failing to safeguard the private images and data of thousands of student-athletes from a former assistant football coach have been consolidated by a federal judge, who also appointed interim lead counsel.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Border Cash Transaction Rule Heralds Wider AML Crackdown
The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.