White Collar

  • June 24, 2020

    GOP Senate Bill Would Ban 'Warrant-Proof Encryption'

    Three GOP senators have introduced a bill that seeks to end the use of "warrant-proof" encryption, saying the legislation would ramp up national security against bad actors by allowing law enforcement a way to access their encrypted communications.

  • June 24, 2020

    Vereit To Pay SEC $8M Over American Realty Fraud Claims

    Vereit Inc. will pay the SEC $8 million to resolve the agency's claims of accounting fraud that sent the former chief financial officer of the real estate investment trust, formerly known as American Realty Capital Properties, to prison for 18 months.

  • June 24, 2020

    Regeneron Paid Kickbacks To Boost Eye Drug, Feds Say

    Federal prosecutors in Massachusetts accused New York pharmaceutical company Regeneron Pharmaceuticals on Wednesday of paying tens of millions of dollars in illegal kickbacks through a foundation to get doctors to prescribe its injectable eye disease drug.

  • June 24, 2020

    Construction Boss Gets 1.5 Years In Tax Evasion, Ch. 7 Fraud

    The head of several New Jersey construction companies received an 18-month prison sentence Wednesday after admitting to hiding more than $2 million in income from the government to dodge taxes and avoid paying off debts when he filed for Chapter 7 bankruptcy.

  • June 24, 2020

    Recently Sentenced Forex Fraudster Owes CFTC $3.8M

    A South Carolina man has been ordered to pay $3.8 million in fines and restitution to the U.S. Commodity Futures Trading Commission, less than a week after he was sentenced to two years in prison for running a fraudulent foreign exchange investment scheme.

  • June 24, 2020

    3rd Circ. Won't Revive Philly Court Clerk's Pension Dispute

    The Third Circuit has refused to revive a former Philadelphia County court employee's suit claiming she was wrongly stripped of her pension after stealing public funds, finding she had enough notice that her theft could cause her to lose those benefits.

  • June 24, 2020

    'Varsity Blues' Parents Can't Get Wiretap Evidence Tossed

    Parents fighting charges in the "Varsity Blues" college admissions case lost a bid to throw out evidence recovered from calls and emails between them and the scheme's mastermind after a federal judge ruled Wednesday that the government showed the interceptions were necessary and properly authorized.

  • June 24, 2020

    SEC Suit Against Blockchain Duo Paused Amid Criminal Case

    A New Jersey federal judge hit the brakes Wednesday on a U.S. Securities and Exchange Commission suit claiming two people with a blockchain technology company duped investors while raising $30 million in cash and cryptocurrency, saying the matter should be paused until the end of a parallel criminal case.

  • June 24, 2020

    Pryor Cashman Atty Pleads Not Guilty To Torching Cop Car

    A suspended Pryor Cashman attorney pled not guilty Wednesday to a seven-count indictment for allegedly torching a vacant, vandalized NYPD car during protests against police brutality, as a chorus of participants spoke out on the conference call to express support.

  • June 24, 2020

    Billionaire's Ex-Biz Can't Quash Search Warrants Into AML

    A London court has upheld the seizure of materials from a company formerly owned by a Russian billionaire as part of the U.S. criminal investigation into former Trump campaign chairman Paul Manafort, saying a judge was not misled about a search warrant.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 24, 2020

    DC Circ. Nixes Charges Against Ex-Trump Adviser Flynn

    The D.C. Circuit ordered charges against Michael Flynn dismissed Wednesday, saying the trial court had overstepped its authority by probing prosecutors' motivations for dropping the case against Donald Trump's former national security adviser.

  • June 23, 2020

    Stone Prosecutor Says DOJ Politicized Case Amid Trump Ties

    A federal prosecutor who helped secure a guilty verdict against Roger Stone is set to tell Congress on Wednesday that officials "from the highest levels" of the U.S. Department of Justice intervened and gave "unprecedentedly favorable treatment" to Stone ahead of sentencing because of his longtime relationship with President Donald Trump.

  • June 23, 2020

    Black-Owned Investment Firm Accuses NJ, BlackRock Of Bias

    BlackRock Inc. and the New Jersey Department of the Treasury were hit with a federal lawsuit Tuesday by a minority-owned investment firm alleging the state cast it aside for a contract and instead gave the contract, along with confidential information, to the "overwhelmingly white" financial giant.

  • June 23, 2020

    ABA Debate On Money Laundering Rule Lives On After Alert

    Despite concerns among anti-money laundering advocates, the American Bar Association's recent warning on "willful blindness" to clients' financial malfeasance didn't end the group's long-standing internal debate over a black-letter ethics rule cementing the profession's duty to help deter money laundering, according to a bar committee member.

  • June 23, 2020

    LA Councilman Huizar Arrested In Feds' Bribery Investigation

    Los Angeles City Councilman Jose Huizar was arrested on a racketeering charge, becoming the latest public official to be charged in a federal investigation of a real estate bribery scheme at City Hall, the U.S. Department of Justice announced Tuesday.

  • June 23, 2020

    Bridgegate No Lifeline For 'Varsity Blues' Parents

    Admission slots to elite universities qualify as property under the mail and wire fraud statutes invoked in the "Varsity Blues" college admissions prosecution, a Massachusetts federal judge said Tuesday, refusing to dismiss the charges despite the U.S. Supreme Court's recent decision in the Bridgegate case.

  • June 23, 2020

    Russian Telecom Didn't Aid DOJ Bribery Probe, Investors Say

    A proposed class of investors has shot back at a Russian telecommunications company's efforts to dodge accusations that it made $420 million in bribes to officials in Uzbekistan, telling a New York federal judge the company lied to investors about cooperating with a U.S. Department of Justice investigation.

  • June 23, 2020

    2nd Circ. Mulls Bail In Attorneys' 'Unimaginable' Molotov Case

    A Second Circuit panel voiced bewilderment on Tuesday at the alleged behavior of two attorneys accused of torching a vacant, vandalized police car amid protests against police brutality, as it considered whether to overturn two judges' previous decisions to release them to home confinement.

  • June 23, 2020

    GM, Fiat Chrysler CEOs Ordered To Resolve RICO Bribes Suit

    The chief executives of General Motors and Fiat Chrysler must meet and negotiate an end to GM's allegations that Fiat Chrysler bribed senior auto workers union officials to corrupt the collective bargaining process and disadvantage rival carmakers, a Michigan federal judge said Tuesday.

  • June 23, 2020

    Televisa Investors Ask Again For Cert. In FIFA Bribes Suit

    Investors in Mexican media company Grupo Televisa SAB on Monday renewed their bid for class certification in a suit alleging the company's executives played a role in FIFA's vast corruption scandal after a Manhattan federal judge shot down their first request over their proposed lead's possible conflict of interest in the matter.

  • June 23, 2020

    Columbia Gas Sentenced To Pay $53M For Mass. Explosions

    Lamenting he cannot "go back and erase" the deadly 2018 Merrimack Valley gas explosions, a federal judge on Tuesday sentenced Columbia Gas of Massachusetts to pay a $53 million fine and submit to up to three years of probationary oversight, including an in-house safety monitor.

  • June 22, 2020

    Atty Who Quit DOJ Over Stone's Case Joins Munger Tolles

    A federal prosecutor who abruptly quit the U.S. Department of Justice this year after senior officials intervened in the prosecution of longtime Trump confidant Roger Stone has joined Munger Tolles & Olson LLP as a partner.

  • June 22, 2020

    Sentenced Ex-Fox Rothschild Atty Free To Practice Law Again

    A former Fox Rothschild LLP attorney sentenced to federal prison for insider trading related to a $760 million merger is cleared to practice law again, after Pennsylvania's Supreme Court on Monday retroactively suspended him from the state bar for four years starting in April 2016.

  • June 22, 2020

    Atty, Co. Must Pay Sanctions After Tossed Takeda Unit Suit

    A psychiatrist's company and its attorney must pay more than $133,000 in attorney fee sanctions following a now-dismissed suit against Takeda Pharmaceutical Co. unit Shire LLC and BakerHostetler, as a New York federal judge accepted a magistrate judge's recommendation Monday.

Expert Analysis

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Bankruptcy Fraud Prosecutions May Increase Post-Pandemic

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    While prosecutors have rarely pursued criminal bankruptcy fraud allegations against companies and executives, investigations invariably follow the money in pursuit of alleged fraud and thus bankruptcy is a natural area of focus in a financial crisis, say attorneys at Gibson Dunn.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • Lessons From SEC's Bribery Claim Against Ex-Goldman Exec

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    The U.S. Securities and Exchange Commission's recent charge against a former Goldman Sachs U.K. executive over his role in a bribery scheme illustrates the importance of Foreign Corrupt Practices Act diligence that goes beyond representations of employees and others with an interest in a transaction, say John Murray and Shrutih Tewarie at Foley Hoag.

  • DOJ's Arguments In Flynn Case Could Aid Future Defendants

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    The U.S. Department of Justice's recent motion to dismiss the charges against Michael Flynn holds the potential to assist other federal criminal defendants and make future prosecutions of false statement cases more difficult for the government, says Ronald White at MoFo.

  • Managing Paycheck Protection Program Loan Compliance

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    As indicated by the first prosecution for criminal fraud involving the Paycheck Protection Program earlier this month, government enforcement efforts will be robust, and business owners will need a good handle on complying with eligibility and use requirements, says David Eskew at Abell Eskew.

  • What Courts Say About Protecting Internal IP Probes In Calif.

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    California and federal court decisions from other legal contexts may provide guidance on maximizing privilege protections for in-house legal departments facing increased demands for internal intellectual property investigations as shelter-in-place orders lift and technology companies reopen, say Alex Reese and Julia Kropp at Farella Braun.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • With Friends Like These: The Amicus Questions In Flynn Case

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    A D.C. federal judge's recent appointment of amicus curiae to address whether the Michael Flynn case can proceed is reminiscent of the judicial overreach that the U.S. Supreme Court criticized and reversed this month in U.S. v. Sineneng-Smith, says Lawrence Ebner at Capital Appellate Advocacy.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Inside The First Paycheck Protection Program Fraud Charges

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    The first three criminal actions against individuals for alleged schemes to defraud the Paycheck Protection Program send a strong message about the rigor with which the U.S. Department of Justice will proceed in order to root out abuse of the CARES Act relief programs, say attorneys at Winston & Strawn.

  • Coffee Chain Fraud Spotlights Governance Issues Amid Crisis

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    The recent Luckin Coffee accounting fraud underscores the need for robust series processes and controls to prevent and detect financial misconduct as corporate growth slides and employment falls, say professionals at K2 Intelligence.

  • High Court May Offer Crucial Clarity On Computer Fraud Law

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    In U.S. v. Van Buren, the U.S. Supreme Court has the opportunity to assess the scope and inconsistent application of the Computer Fraud and Abuse Act, as well as determine to what extent organizations can establish limits on accessing and using information, say Mark Krotoski at Morgan Lewis and Adam Adler at Reichman Jorgensen.

  • Insider Trading Windows Bring New Risks During Crisis

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    Public companies considering ending their quarter-end blackout periods for stock trading by insiders should beware that information not ordinarily deemed material nonpublic information for insider trading purposes could be viewed differently during the pandemic, say attorneys at Bryan Cave.

  • Voir Dire Tips For Preserving Defense-Friendly Jurors

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    Large corporations rarely have the upper hand when it comes to defending cases before a jury, so defense counsel should be prepared to use three tools during voir dire to save the jurors who are likely to support their case, says Christina Marinakis at Litigation Insights.

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