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White Collar
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June 02, 2023
Air Force Officer Gets 3 Years For Keeping Classified Info
A former Air Force lieutenant colonel who pled guilty to mishandling more than 300 classified files or documents was sentenced in Florida federal court Thursday to three years in prison, while also being given three years of supervised release and ordered to pay a $25,000 fine.
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June 02, 2023
Investor Attys Nab $5.5M In SEC $170M Ponzi Suit
A Florida federal judge has awarded $5.5 million in attorney fees to counsel representing investors in a $170 million Ponzi scheme suit lodged by the U.S. Securities and Exchange Commission against a Florida real estate company.
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June 02, 2023
11th Circ. Allows Feds' Evidence Fight In $400M Fraud Case
The Eleventh Circuit has rejected an attempt by two former health care executives indicted in a $400 million fraud and kickbacks case to scuttle the federal government's appeal of a Georgia judge's block on alleged co-conspirator testimony at trial.
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June 02, 2023
Aetna Sues COVID Test Co. Alleging 'Millions' In Billing Fraud
Aetna Life Insurance Company is claiming a company that sells COVID-19 testing kits orchestrated a fraudulent scheme to bill Aetna as if the tests were conducted by medical professionals, causing the insurer to suffer "millions of dollars in damages," according to a complaint filed Thursday in Maryland federal court.
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June 02, 2023
DOJ Tells DC Circ. Bannon's Contempt Appeal Is Meritless
Federal prosecutors asked the D.C. Circuit on Friday to affirm former Trump White House aide Steve Bannon's contempt of Congress convictions related to the investigation into the Jan. 6, 2021, insurrection at the U.S. Capitol, arguing all challenges he's raised on appeal either are meritless or have already been waived.
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June 02, 2023
Boston Fund's Debt-To-Stock Plays Broke Rules, SEC Says
Boston investment firm Auctus Fund broke securities laws by harvesting deeply discounted shares of cash-strapped public companies through debt agreements that helped the hedge fund make more than $100 million in profit over nearly a decade, according to the U.S. Securities and Exchange Commission.
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June 02, 2023
Conn. Man Pleads Guilty To Threatening Judge
A Connecticut man accused of sending over 100 letters with hateful statements and violent threats to judges, Connecticut state representatives, journalists and more pled guilty to one count of threatening a judge, prosecutors said.
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June 02, 2023
2nd Circ. OKs Union Boss's Bribe Verdict Despite Atty's Injury
The Second Circuit let stand former United Brotherhood of Carpenters president Salvatore Tagliaferro's bribery conviction Friday, ruling that a district judge did not abuse his discretion by refusing a further trial delay when the labor boss's lead counsel was hospitalized.
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June 02, 2023
SEC Database Breach Was Broader Than Initially Revealed
The U.S. Securities and Exchange Commission revealed on Friday that its enforcement team's improper access to documents related to pending in-house proceedings was much more extensive than initially revealed, saying that the breach may have affected nearly 90 cases.
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June 02, 2023
Ex-MLB Star's Plea Breach Was Intentional, Feds Say
A former Major League Baseball star who signed an agreement to plead guilty as part of a sports betting investigation only to change his mind later did so knowingly, prosecutors said as they asked to inform jurors about a related written statement during trial.
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June 01, 2023
Thomas Burnishes False Claims Act Crown With 9-0 Decree
Justice Clarence Thomas rallied the U.S. Supreme Court on Thursday to crush a corporate crusade against False Claims Act cases targeting improper yet "objectively reasonable" billing, and the resounding ruling cemented his status as the high court's king of FCA interpretation.
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June 01, 2023
Florida Mayor Arrested And Accused of Voting Fraud
The mayor of a Florida city was arrested and charged with three counts of felony voting fraud after a months-long investigation found that he voted several times last year using a residential address where he didn't reside, according to the state attorney's office in Miami-Dade County.
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June 01, 2023
High Court Opens Up Uncertainty On FCA Recklessness
As the U.S. Supreme Court answered one pressing question about the False Claims Act's scienter requirement Thursday, it raised a new issue about what counts as a "substantial and unjustifiable risk" that a claim for payment is false, experts said.
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June 01, 2023
Trump Criminal Case Fed. Judge Won't Recuse Over Firm Ties
The New York federal judge who will decide whether Donald Trump can move the Manhattan district attorney's hush-money prosecution from state to federal court told the parties Thursday that he won't recuse himself after reporting he once provided legal services to a company affiliated with the former president.
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June 01, 2023
Ex-Backpage Execs Still Can't Duck Prostitution Ad Charges
An Arizona federal judge declined to toss a superseding indictment accusing former Backpage.com executives and employees of facilitating prostitution on the site, ruling that the sprawling, 100-count indictment sufficiently lays out the allegations against them.
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June 01, 2023
Warren-Led Bank Clawback Bill Draws More GOP Support
An updated version of a U.S. Senate bill that would claw back compensation from executives who preside over banks that fail has been reintroduced with a fresh wave of bipartisan cosponsors, including Republican Sens. J.D. Vance of Ohio and Kevin Cramer of North Dakota.
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June 01, 2023
Man Accused Of Bribing Ill. Lawmaker Can't Dodge Charges
An Illinois federal judge on Thursday refused to dismiss an indictment charging a gaming company owner with bribing state legislators to advance sweepstakes gaming legislation, saying his attempt to escape the charges by invoking a constitutional clause protecting federal legislators "doesn't get off the ground."
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June 01, 2023
Sen. Asks DOJ To See If TikTok CEO Perjured Self In Congress
U.S. Sen. Marco Rubio, R-Fla., announced Thursday that he wants U.S. Attorney General Merrick Garland to investigate whether TikTok CEO Shou Zi Chew committed perjury when he told Congress back in March that American users' data was not stored in China.
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June 01, 2023
James Bond-Loving Hemp Fraudster Gets 12 Yrs. After Fleeing
A Washington state man who pled guilty to securities fraud after being accused of using deception to solicit investments in his hemp product business and using it to emulate a James Bond lifestyle was sentenced Wednesday to 12 years in federal prison after being apprehended while on the lam.
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June 01, 2023
Fed Orders Crypto-Friendly Silvergate Bank To Wind Down
The Federal Reserve Board and California Department of Financial Protection and Innovation announced a joint cease-and-desist order on Thursday against Silvergate Capital Corp. to begin the wind-down of the defunct cryptocurrency-friendly lender's operations.
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June 01, 2023
Ex-Conn. Lawmaker Gets 27 Months For $1.2M COVID Fraud
A former Connecticut state representative and city of West Haven employee has been sentenced to more than two years in prison for his role in schemes resulting in over $1.2 million in COVID relief and other funds being stolen from the city.
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June 01, 2023
Ex-ADI Engineer Gets 6 Mos. For 'Serious' Trade Secret Theft
A former Analog Devices Inc. engineer convicted of stealing company microchip designs to jump-start his small business was sentenced Thursday to six months in prison by a federal judge in Boston who found the trade secret theft was a "serious crime" deserving time behind bars.
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June 01, 2023
Feds Want 5 Years For 'Lottery Lawyer' Pal, Citing Key Role
Federal prosecutors are arguing the personal protective equipment seller who worked closely with "lottery lawyer" Jason Kurland played a more significant role in defrauding lottery winners than he claimed, asking a Manhattan federal judge for a five-year prison sentence.
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June 01, 2023
Navarro Says New Contempt Trial Scheduled Too Late
Former Trump White House adviser Peter Navarro on Thursday launched his third bid to dismiss contempt of Congress charges for allegedly defying a subpoena related to the investigation into the Jan. 6, 2021, insurrection at the U.S. Capitol, claiming prosecutors have missed the deadline to bring his case to trial.
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June 01, 2023
Atty Appeals Murder Conviction, Life Sentence To Ga. Justices
An Atlanta attorney is appealing his murder conviction and life sentence over the death of a real estate developer whom he hit with his Mercedes in an apparent road rage incident.
Expert Analysis
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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SEC May Be Regulating By Enforcement With Atty Actions
The U.S. Securities and Exchange Commission's recent high-profile actions against Covington and Frost & Miller show the agency is taking "regulation by enforcement" to a new arena — attorney misconduct — despite having a never-used rule on the books at its disposal, say attorneys at Tarter Krinsky.
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Series
Prosecutor Pointers: Get Comfortable With Cross-Examination
As society becomes increasingly polarized, prosecutors may be more uncomfortable than ever with the contentious nature of cross-examination, but a few key strategies can help one to confidently maneuver the leading questions cross requires, says Maryland prosecutor Brett Engler.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Recent DOJ Setback Unlikely To Shift Labor Antitrust Focus
A Connecticut federal judge's recent toss of an aerospace no-poach prosecution in a rare Rule 29 order is unlikely to derail the U.S. Department of Justice Antitrust Division's ongoing efforts to criminally prosecute conduct affecting workers' compensation and job mobility, say attorneys at Perkins Coie.
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Trump Sex Abuse Trial Loss Charts Evidence Rules Road Map
E. Jean Carroll’s trial victory Tuesday — in which a Manhattan federal jury held former President Donald Trump liable for sexual abuse and defamation — demonstrates how attorneys can strategically invoke evidentiary rules pretrial, and provides a template for other survivors to hold defendants to account, say attorneys Reuben Guttman and Whitney Untiedt.
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EB-5 Reform Continues To Weigh Heavily On Participants
Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.
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Working From Home? Beware Insider Trading, Tipping Risks
The U.S. Securities and Exchange Commission has recently pursued traders who received material nonpublic information from loved ones while working from home, so those with work secrets should take extra precautions and inform family and friends of insider trading risks, say Dixie Johnson and Lauren Konczos at King & Spalding.
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Ethics Lessons From Outside Counsel Plotline In 'Succession'
A Season 3 storyline from “Succession,” featuring an outside counsel's ham-handed missteps, provides ethics lessons for white collar defense lawyers, especially in light of the U.S. Department of Justice’s recent corporate enforcement policy shifts, says Megan McDermott at the University of Wisconsin.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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FTX Proceedings Highlight D&O Issues Amid Bankruptcy
A Delaware bankruptcy judge’s recent refusal of Samuel Bankman-Fried's request to access FTX's directors and officers coverage serves as a reminder of the interplay of bankruptcy law and D&O insurance policies, and some best practices for policyholders when pursuing D&O coverage during bankruptcy, say Geoffrey Fehling and Justin Paget at Hunton.
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Labor Collusion Loss Will Shape DOJ's Case Strategy
Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.
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Treasury DeFi Report Offers Insight Into BSA Compliance
In light of the U.S. Department of the Treasury's recent risk report on decentralized finance, companies operating in the space will need to consider how regulation of the Bank Secrecy Act may apply and how it may be possible to implement controls to meet requirements in spite of delivering services through new technologies, say attorneys at Cooley.