White Collar

  • February 23, 2018

    LA Developer Charged With Funneling Cash To Politicians

    The developer of a controversial $72 million Los Angeles apartment project was charged Friday with illegally using straw donors to funnel nearly $200,000 to eight local politicians while seeking a change to the zoning of his property in the Harbor Gateway neighborhood, according to California state court filings.

  • February 23, 2018

    What To Watch As High Court Takes On Microsoft Warrant Row

    The U.S. Supreme Court is gearing up to hear arguments Tuesday in a high-stakes fight over the federal government's ability to access data stored abroad by Microsoft, and court watchers expect the justices to focus on a range of thorny legal and public policy issues in their quest to decide the close question of whether privacy rights or law enforcement needs should prevail.

  • February 23, 2018

    Public Air Charter Founders Can't Shake NJ Fraud Charges

    A New Jersey federal judge ruled Friday that a trial postponement last year did not warrant tossing charges that the co-founders of a defunct public air charter operator defrauded financial institutions out of millions of dollars in passenger payments, while also rejecting their bid to keep out certain evidence.

  • February 23, 2018

    NY Atty, Judge Accused Of Stealing Over $4M From Trusts

    A judge in upstate New York and an attorney have been arrested for allegedly stealing more than $4 million from the family trusts they were responsible for overseeing, the New York state attorney general announced Friday.

  • February 23, 2018

    Illinois Software Exec Pleads Not Guilty In Spoofing Case

    The owner of an Illinois software firm pled not guilty Thursday to conspiracy and spoofing charges stemming from accusations he led efforts to carry out a futures trader’s plan to implement software allowing the trader to create false orders and manipulate the precious metals market.

  • February 23, 2018

    Germany Refuses To Extradite Traders For SFO Euribor Trial

    German prosecutors said Friday they will not extradite four Deutsche Bank traders to the U.K. to face charges that they manipulated a key European interest rate benchmark.

  • February 23, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen hundreds of new claimants bring competition suits against Visa and MasterCard, Italian bank Dexia lodge a claim against a Sicilian city still staring down a pre-crisis-era derivatives contract, and the liquidator for an FCA-targeted carbon credit investment scheme file a negligence claim against Nabas International Lawyers LLP.

  • February 23, 2018

    Meningitis Pharmacist Must Forfeit $175K Before Restitution

    A former Massachusetts pharmacist convicted of recklessly mixing drugs that led to a 2012 meningitis outbreak must forfeit $175,000, or less than one-half of his salary from the roughly three years a jury decided his laboratory degenerated into a criminal enterprise, a federal judge decided on Friday.

  • February 23, 2018

    DBSI Trustee Wants IRS To Return All Ponzi Funds

    The bankruptcy trustee of doomed Ponzi vehicle DBSI Inc. has moved for a quick win in its claw back suit against the IRS in Idaho federal court, arguing the federal tax authority is still on the hook for $3.6 million the company used to pay its principals’ income taxes.

  • February 23, 2018

    Ex-Stock Promoter Gets 2 Years For Role In $95M Stock Fraud

    A former stock promoter was sentenced to more than two years in prison on Friday for his role in a $95 million global market manipulation conspiracy, following his conviction at trial for aiding a pump-and-dump operation involving worthless penny stocks.

  • February 23, 2018

    Ex-Fla. City Commissioner Sentenced For Corruption Scheme

    A former Opa-Locka, Florida, city commissioner was sentenced to 51 months in prison Thursday for coordinating government favors in exchange for bribes as part of a bribery and extortion conspiracy that involved several officials in the impoverished Miami suburb.

  • February 23, 2018

    NY Transit Manager Gets Nearly 4 Years For Taking Bribes

    A New York federal judge Friday sentenced a former Metropolitan Transit Authority construction project administrator to 46 months in prison for soliciting and receiving bribes from contractors working on New York City Transit Authority projects.

  • February 23, 2018

    Philly Atty Disbarred After Soliciting 14-Year-Old Girl

    The Supreme Court of Pennsylvania has disbarred an attorney who pled guilty to soliciting an underaged girl forced into prostitution, who reported that the two had sex in his office.

  • February 23, 2018

    In Response To Corruption Report, NCAA Vows Swift Action

    NCAA President Mark Emmert on Friday said the organization will take steps to address “systematic failures” related to benefits players received from agents and advisers, after a report that additional programs and players were implicated in the corruption investigation being carried out by federal prosecutors.

  • February 23, 2018

    No 'Rubber Stamp' For SEC Penalties In NJ Biotech Fraud Row

    A New Jersey federal judge on Friday said she would not “rubber-stamp” the U.S. Securities and Exchange Commission's demand for more than $1 million from a onetime biotech chief executive without evidence to back up the agency's claims that he pocketed illicit proceeds from the sale of company stock.

  • February 23, 2018

    Rakoff Questions $285M Atty Fees In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff on Friday pressed lawyers for a class of investors in Petrobras securities who inked a $3 billion fraud settlement with the oil giant and its auditor to justify their request for $285 million in attorneys’ fees, calling on Petrobras to join him in scrutinizing the plaintiffs’ billing records.

  • February 23, 2018

    Thompson Coburn Adds Two New Partners To DC Office

    Thompson Coburn LLP announced Thursday that it has added two seasoned securities and intellectual property practitioners in Washington, D.C.

  • February 23, 2018

    Shkreli Can't Beat Stock Fraud Rap Post-Trial

    A New York federal judge on Friday refused a request by former pharmaceutical executive Martin Shkreli to throw out his conviction for manipulating the stock of Retrophin Inc. while he was its CEO, saying there was sufficient evidence for the jury to find him guilty.

  • February 23, 2018

    Ex-Skadden Atty's Plea Raises Specter Of Foreign Lobbying

    The sudden guilty plea of a now-former Skadden lawyer who helped write a legal analysis commissioned by Paul Manafort on behalf of a Ukrainian president puts further scrutiny on the firm’s role in the controversial report and whether Skadden crossed into the legally precarious position of unregistered lobbying for a foreign government, experts said.

  • February 23, 2018

    Unnamed Hastert Accuser May Ask For Closed Courtroom

    An unidentified man who says former U.S. House Speaker Dennis Hastert sexually abused him may try to close the courtroom to protect his identity during a trial over claims the Illinois Republican failed to pay him promised hush money, his attorney said Friday. 

Expert Analysis

  • What The DOJ Cyber Task Force Can Do

    Megan Brown

    While history is littered with reports and whitepapers that do not inspire change, there is an opportunity for the U.S. Department of Justice's new Cyber-Digital Task Force to have an impact, say attorneys with Wiley Rein LLP.

  • Cryptocurrencies: Money, Securities Or Other Property?

    Leland Jones

    While newer forms of commercial crime policies specifically address cryptocurrency losses, there may be debate whether cryptocurrencies are "money," "securities" or "other property" under traditional crime forms. The argument will possibly focus on the "security" definition, say attorneys with Wiley Rein LLP.

  • Nontraditional Health Care Programs Under The Microscope

    Paul Cirel

    Sponsored health care programs have expanded the scope of available services to include "providers" who do not offer direct medical care, but who facilitate or coordinate the provision of services by physicians and other more traditional caregivers. Difficulties in determining how to monitor these newer provider types may have kept them off the government's fraud and abuse radar for a while, but not anymore, says Paul Cirel of Todd & Weld LLP.

  • 5th Circ. Adds To Split On Review Of Jury Instruction Errors

    Andrew Goldsmith

    Several circuits have taken different approaches on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant’s principal trial theory when the defendant challenges the instructions for the first time on appeal. The latest decision is from the Fifth Circuit, in U.S. v. Fairley, says Andrew Goldsmith of Kellogg Hansen Todd Figel & Frederick PLLC.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Lessons From Rabobank's Anti-Money Laundering Failures

    Michael Gertzman

    Rabobank's $368 million resolution of an investigation into the bank's anti-money laundering program has several parallels with other recent Bank Secrecy Act actions that financial institutions may wish to consider in assessing their compliance programs, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Was Heir-Tracker Antitrust Indictment A Hair Too Late?

    Robert Connolly

    A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.