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White Collar
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April 25, 2024
NJ Couple Convicted Of Luring Immigrants Into Forced Labor
A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.
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April 25, 2024
No Coverage For Grants To Fraudulent Charity, Judge Rules
A Denver-based charity cannot get coverage for the $349,000 in grants it gave to a different charity whose founder was accused by state authorities of lying about its nonprofit status, a Colorado federal court ruled, finding that a computer fraud provision was not triggered.
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April 25, 2024
Coverage Recap: Day 3 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to adult film actress Stormy Daniels ahead of the 2016 election. Here's a recap from day three.
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April 25, 2024
Trump Legal Fees Paid Via Illegal Scheme, Watchdog Org Says
Donald Trump's 2024 presidential campaign and related political committees have masked payments for millions of dollars in legal work done for the former president in a possible violation of federal law, an election watchdog claims in a complaint filed Wednesday with the Federal Election Commission.
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April 25, 2024
Real Estate Owner Indicted On $4.8M Tax Evasion Charges
A commercial real estate owner used a series of limited liability companies to hide $4.8 million in income from the Internal Revenue Service, according to an indictment in Washington federal court on tax evasion charges.
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April 25, 2024
Attys, Insurance Agent Found Guilty Of Tax-Avoidance Scheme
Two St. Louis tax attorneys and a North Carolina insurance agent on Thursday were found guilty on all counts of conspiring to defraud the federal government and aiding in the filing of false tax returns for their role in a tax avoidance scheme that prosecutors claim cost the Internal Revenue Service more than $4 million.
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April 25, 2024
Atty Group Asks Justices To Review Judge's Non-Recusal
The Association of Professional Responsibility Lawyers urged the U.S. Supreme Court to review a D.C. Circuit judge's decision not to recuse himself from a former al-Qaida member's case, saying the judge's refusal undermined ethical standards for judges.
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April 25, 2024
OECD Says Latvia Must Shift Tax Burden, Limit Fuel Subsidies
Latvia needs to shift its tax burden off labor and onto other forms of income such as property, and to eliminate harmful subsidies and tax practices around fossil fuels, the Organization for Economic Cooperation and Development said Thursday.
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April 25, 2024
Indictment Says 'Car Wreck Clyde' Skimmed From Client Deals
A federal grand jury has indicted a Houston attorney and his former office manager over claims they defrauded clients by skimming nearly $2.4 million from settlement proceeds and using the funds for personal expenses, including private school and Ferraris.
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April 25, 2024
Justices Skeptical Of Trump's Absolute Immunity Bid
A majority of the U.S. Supreme Court appeared open Thursday to the idea of limited immunity for former presidents related to the office's core constitutional powers, but divisions emerged among the justices over how to determine when acts outside of that narrow category are potentially subject to criminal prosecution.
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April 25, 2024
Ga. Fund Manager Stole Millions And Fled Country, SEC Says
An Atlanta financier was hit with a U.S. Securities and Exchange Commission civil suit Wednesday alleging he ripped off investors in his nearly $10 million hedge fund, stealing millions to enrich himself while falsifying records of the fund's purported success.
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April 25, 2024
Weinstein May Be Retried After NY Court Overturns Conviction
Harvey Weinstein seems poised to go to trial again in New York and testify in his own defense after the state's highest court overturned the movie mogul's rape conviction Thursday in a contentious, split opinion that found his first jury proceeding was unfair.
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April 24, 2024
Giuliani Among 18 Trump Allies Charged In Ariz. Election Case
An Arizona grand jury has indicted 18 allies of former President Donald Trump over their alleged efforts to subvert the results of the 2020 presidential election, the Arizona Attorney General's Office announced Wednesday, including former state lawmakers and several unnamed individuals who appear to be former White House Chief of Staff Mark Meadows and disgraced attorneys Rudy Giuliani and John Eastman.
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
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April 24, 2024
Bid To Sanction DOJ Denied In Novel Insider Trading Case
A California federal judge on Tuesday refused to grant an indicted former healthcare CEO's bid to sanction the government in a case accusing him of a novel form of insider trading, saying the CEO failed to show that he was prejudiced by the government interviewing a potential witness without counsel present.
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April 24, 2024
Kwok Jurors To Be Anonymous Amid Harassment Concerns
Jurors who will decide the criminal fraud and racketeering case against exiled Chinese billionaire Ho Wan Kwok will be anonymous and partially sequestered, a New York federal judge said on Wednesday, ruing that if their identities are revealed they could face the same harassment that befell Kwok's bankruptcy trustee.
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April 24, 2024
Tax Fraud Case Skewed By Prosecutors' Spin, NC Jury Told
Prosecutors and defense attorneys in a tax fraud trial against two lawyers and an insurance agent traded final barbs Wednesday in a North Carolina courtroom before sending the jury to deliberate, with the defendants again defending the tax plan at the center of the government's case and accusing prosecutors of making up facts.
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April 24, 2024
Crypto Mixer Execs Arrested Over $2B In Illicit Transactions
New York federal prosecutors announced Wednesday that they have arrested the co-founders of crypto mixing service Samourai Wallet over their operation of a crypto service that authorities say executed over $2 billion in unlawful transactions.
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April 24, 2024
DEA's Upcoming Decision On Cannabis Likely To Be Litigated
The potential loosening of federal restrictions on marijuana is likely to be litigated for years, and the pro-legalization camp would do well to pool resources to build the most persuasive evidentiary record it can, a leading cannabis advocate said Wednesday.
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April 24, 2024
Backpage Execs Win Partial Acquittal In Prostitution Ad Retrial
An Arizona federal judge has partially overturned jury retrial convictions against two former Backpage.com executives and the now-defunct classifieds website's co-founder, but she refused to acquit the trio of all charges or grant a second retrial in a sprawling criminal case alleging they facilitated Backpage's $500 million prostitution scheme.
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April 24, 2024
Instagram Star Gets 7 Years For Multiple Fraud Schemes
A Brooklyn federal judge on Wednesday imposed a seven-year prison term on a former Instagram influencer who admitted to defrauding members of his Muslim community and others out of over $8 million via a bogus investment fund and Bitcoin theft, saying the crime probably should be featured on the television show "American Greed."
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April 24, 2024
Seagram's Heiress Can't Cut NXIVM Prison Sentence
An heir to the Seagram's liquor fortune has been denied a reduction in her nearly seven-year prison term for her role in the alleged sex cult NXIVM.
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April 24, 2024
Ill. Woman Gets 18 Months For Role In $16M COVID Aid Theft
An Illinois federal judge sentenced a woman to 18 months in prison on Wednesday for her "supporting role" in a scheme to fraudulently obtain at least $16 million in federal coronavirus-relief small business loans, saying that while she wasn't the ringleader of the fraud, she still committed a "crime of greed."
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April 24, 2024
Meet The Attorneys Arguing Trump's Immunity At High Court
A Missouri solicitor general-turned-law firm founder will square off Thursday against a U.S. solicitor general's office veteran who is a member of an elite group of U.S. Supreme Court bar attorneys in a special oral argument session over former President Donald Trump's bid for immunity from federal criminal charges alleging he interfered in the 2020 presidential election.
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April 24, 2024
Feds File Conspiracy Charges In $1M La. 'Romance' Fraud
U.S. prosecutors in Louisiana have charged three Atlanta-area individuals of running "romance scams" to defraud victims of more than $1 million, according to a recently unsealed indictment in Pelican State federal court.
Expert Analysis
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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SDNY Ruling Warns Parties To Heed Amended Disclosure Rule
A Manhattan federal court’s recent ruling in U.S. v. Mrabet forewarns both prosecutors and defense counsel that amended expert witness disclosure obligations will be rigorously enforced by judges, and gives some insight into how courts may deal with related constitutional challenges, say John Siffert and Brandon Davis at Lankler Siffert.
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8 Ways To Negotiate Improved Disgorgement Outcomes
The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.
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How The NY AG Leads Investigations In Civil Securities Fraud
Although investigating white collar fraud can put significant strain on state and local resources, the New York Attorney General's Office has continued to use its expansive statutory authority to take a leading role in bringing civil enforcement actions in highly complex financial matters, say Carrie Cohen and Nathan Reilly at MoFo.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Reverse Proffers In Federal Criminal Cases Can Be A Win-Win
The increasingly popular reverse proffer — in which prosecutors disclose evidence to targets of a criminal investigation — can help the government test its case and persuade witnesses to cooperate, and can help defendants sharpen their strategies and obtain favorable deals by choosing to cooperate, say Jeffrey Martino and Byron Tuyay at Baker McKenzie.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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1 Year In, Money Laundering Law Tweak May Have Big Impact
Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.