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White Collar
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April 25, 2025
AI Fueling Crypto Fraud And Other Cybercrimes, Experts Say
The "arms race" in artificial intelligence is simultaneously supercharging cybercrime and efforts to combat it, experts from BigLaw, the U.S. Department of Justice and the tech industry agreed at a panel discussion Thursday, saying bad actors are using machine learning tools to improve crypto scams and other frauds.
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April 25, 2025
FDIC Defends In-House Enforcement For Banking At 7th Circ.
The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.
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April 25, 2025
Migration Agency Faces $100M EB-5 Investor Fraud Suit
A group of Chinese investors have filed a proposed class action accusing a Washington-based migration agency and a real estate investment group manager of fraudulently raising $100 million from overseas investors pursuing permanent U.S. residence via the EB-5 program with property that has now been auctioned off.
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April 25, 2025
Feds Seek 5 Yrs. For Fla. Bitcoin Thief Over Restitution 'Lies'
Prosecutors on Friday urged a New York federal judge to re-sentence a Florida man who was convicted for stealing $20 million worth of cryptocurrency in a cell phone hack, saying he deserves about five years in prison after telling lies to explain why he has not paid restitution to the victim.
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April 25, 2025
SEC Accuses Ex-Fla. Real Estate Co. CFO Of $93M Scheme
The U.S. Securities and Exchange Commission on Friday sued the former chief financial officer of a Miami real estate development company for his role in orchestrating an alleged scheme that swindled approximately $93 million from investors.
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April 25, 2025
Ex-Google Engineer Claims Coercion In AI Trade Secrets Case
A former Google software engineer accused of stealing artificial intelligence trade secrets for Chinese startups has asked a California federal court to suppress statements he made to government investigators, alleging they used forceful tactics during an interrogation and did not read him his Miranda rights.
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April 25, 2025
Detroit Man Gets 5 Years For Tax Refund Laundering
A Detroit man was sentenced Friday in Maryland federal court to five years in prison for his role in laundering money stolen from federal and North Carolina state tax refunds and was ordered to pay $604,000 in restitution.
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April 25, 2025
Chemours Hit With New Derivative Duty Breach, Waste Suit
A Chemours Inc. stockholder launched a new derivative damage suit against 13 former or current top officers and directors in Delaware's Court of Chancery Friday, adding to state and federal court challenges targeting allegedly conflicted and misleading disclosures about revenues and performance in 2022 and 2023.
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April 25, 2025
Vinco Ventures Chair Pleads Guilty To Lying To Investors
The former executive chairman of Vinco Ventures' board of directors pled guilty Friday to lying to investors about the digital media and technology company's operations to artificially inflate its stock price.
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April 25, 2025
Ex-Sen. Menendez Can't Avoid Prison During Appeal
A New York federal judge on Friday refused to allow former U.S. Sen. Robert Menendez and two of the businessmen who purportedly bribed him to avoid prison pending their appeal on a blockbuster corruption conviction.
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April 25, 2025
Feds Push To Keep Trial Date For 'Compromised' Texas Rep
Prosecutors told a federal judge Friday that U.S. Rep. Henry Cuellar, D-Texas, and his wife have plenty of time to review discovery and get their attorneys security clearances before a September trial on bribery and corruption charges.
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April 25, 2025
10th Circ. Backs Spirit Aero's $31M Clawback From Ex-CEO
The Tenth Circuit on Friday backed Spirit AeroSystems Inc.'s decision to claw back $31 million worth of stock awards because a former CEO violated his noncompete agreement with the aircraft structure manufacturer, holding a lower court properly ruled the employment pact was enforceable under Kansas law.
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April 25, 2025
Wis. Judge Charged With Shielding Migrant From ICE Arrest
The FBI arrested a Milwaukee state judge on Friday for allegedly blocking federal immigration officials from apprehending an unauthorized migrant by purportedly sneaking him through a jury door earlier this month to avoid U.S. Immigration and Customs Enforcement officers, according to court documents.
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April 25, 2025
Atkins Vows SEC Will Pursue 'Common-Sense' Crypto Policy
The U.S. Securities and Exchange Commission's new Chair Paul Atkins told crypto industry experts on Friday that the SEC will work to establish a "fit-for-purpose" framework for digital assets, while industry participants urged a principles-based approach to cover its rapid innovation.
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April 25, 2025
Incarcerated Ex-Nelson Mullins Atty Suspended In Ohio
The Ohio Supreme Court has suspended a former Nelson Mullins Riley & Scarborough LLP attorney, who is serving a one-year jail sentence for disobeying law enforcement orders, from practicing law in the Buckeye State.
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April 25, 2025
Santos Gets Over 7 Years For Campaign Finance Fraud
Former U.S. Rep. George Santos was sentenced Friday to over seven years in prison after admitting he falsely inflated fundraising reports to qualify for National Republican Congressional Committee funding during the 2022 election.
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April 24, 2025
Rising Gold Prices Should Nix $3M SEC Deal, Ex-Exec Says
A former executive of a company that solicited investments in gold and silver coins has pushed back on the U.S. Securities and Exchange Commission's efforts to collect on a $3 million settlement he struck with the agency, telling a federal judge the deal should be vacated because prices for precious metals have recently "skyrocketed."
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April 24, 2025
Ex-Biscayne CEO Gets 10 Years For $130M Ponzi Scheme
The co-founder and CEO of defunct investment advisory firm Biscayne Capital on Thursday was sentenced in New York federal court to 10 years in prison, over his admitted role in a $130 million Ponzi scheme that defrauded banks and investors in a purported luxury real estate fund.
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April 24, 2025
Trump Pardons Politician Convicted Of Statue Funding Fraud
President Donald Trump has issued a "full and unconditional pardon" to a former Las Vegas city council member and ex-state assemblyperson who was convicted of stealing $70,000 in funds she said would be used to honor two police officers killed on duty, according to a filing Thursday in Nevada federal court.
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April 24, 2025
Long Island Man Gets 18 Years For Father-Son Crypto Scam
A Long Island man convicted of cheating investors out of millions of dollars by falsely promising to serve as a broker for crypto sales while pocketing the funds was sentenced to 18 years in prison on Thursday.
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April 24, 2025
FINRA Says 5th Amendment Doesn't Apply In Adviser's Case
The Financial Industry Regulatory Authority has urged a Washington, D.C., federal court to toss a financial adviser's Fifth Amendment challenge against the self-regulating watchdog of brokers, arguing it is not subject to constitutional requirements when carrying out its self-regulatory responsibilities.
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April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told
A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
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April 24, 2025
Ex-CEO Of Trump-Tied SPAC Reaches Deal With SEC
The former CEO of the special purpose acquisition company that took President Donald Trump's social media platform public has reached a deal to end a U.S. Securities and Exchange Commission case accusing him of failing to timely alert investors to the prospective deal.
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April 24, 2025
Ex-OneTaste Execs Ask Justices To Nix 'Stolen' Docs
Former OneTaste executives facing forced-labor conspiracy charges asked the U.S. Supreme Court on Thursday to bar allegedly stolen and attorney-client privileged documents from being used at a May trial, saying corporate legal communications are broadly at risk.
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April 24, 2025
Dragonchain Suit Dropped Amid SEC's Crypto Reg Revisit
The U.S. Securities and Exchange Commission has agreed to end its suit accusing blockchain platform Dragonchain and its founder of selling unregistered securities to thousands of investors, citing the Trump administration's push to clarify regulations surrounding digital assets like cryptocurrency.
Expert Analysis
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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.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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2 Practical Ways For Banks To Battle Elder Financial Abuse
Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.