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White Collar
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August 05, 2024
5th NYC Housing Worker Gets Prison In Anti-Corruption Bust
A Manhattan federal judge hit a retired public housing worker with 20 months in prison on Monday for taking over $83,000 of bribes, showing that prison is the most likely outcome for those convicted of felonies in the anti-bribery sweep.
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August 05, 2024
Atlanta, County Say Cops' Firing Claims 'Rife With Conjecture'
Fulton County, Georgia, and the city of Atlanta are urging the Eleventh Circuit to reject the "unadorned conspiracy theories" of two police officers who allege they were wrongly fired and arrested over their widely publicized shooting of a Black man in the city in the summer of 2020.
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August 05, 2024
Meet The Attorneys In Tom Girardi's Criminal Fraud Trial
When Tom Girardi's criminal fraud trial gets underway this week, the notorious disbarred attorney will be facing a team of seasoned federal prosecutors who've convicted several former Los Angeles City Council members, a sitting U.S. congressman, insider traders, Ponzi schemers and con artists who bilked millions from their victims.
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August 05, 2024
The 'No Nonsense' Calif. Judge Overseeing Girardi's Trial
The California federal judge who will preside over the closely watched criminal trial of disgraced attorney Tom Girardi is a veteran jurist who runs a tight ship, but is also known for being extraordinarily thorough and thoughtful.
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August 05, 2024
What To Watch Out For During Girardi's Trial
With evidence of allegedly stolen millions and attempted escapes to the Bahamas taking center stage, disgraced attorney Tom Girardi's criminal trial is set to begin Tuesday at the murky intersection of client theft and TV celebrity, where attorneys will grapple with novel legal issues like the use of evidence from a bankruptcy trustee.
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August 05, 2024
Rising Star: Jenner & Block's Tali Leinwand
Tali Leinwand is helping to lead the monitorship of Glencore Ltd. after the trading giant pled guilty to a multiyear commodities fraud scheme and has taken time to "pay it forward" by mentoring junior attorneys, landing her a spot among the white collar attorneys under age 40 honored by Law360 as Rising Stars.
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August 04, 2024
DOD Yanks Plea Deals With 9/11 'Mastermind,' 2 Accomplices
U.S. Department of Defense Secretary Lloyd Austin has killed plea agreements reached last week that would have spared the accused mastermind of the Sept. 11, 2001, attacks on the U.S. and two other defendants the death penalty.
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August 02, 2024
Giuliani Sees Bankruptcy Case Officially Tossed
A New York bankruptcy judge on Friday officially tossed Rudy Giuliani's bankruptcy case, allowing a mother and daughter who worked as Georgia election workers to pursue a $148 million defamation judgment they won against the former Donald Trump lawyer in December.
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August 02, 2024
Justices Remand DC Trump Election Case After Immunity Ruling
The election interference case against Donald Trump was officially remanded from the U.S. Supreme Court to D.C. federal court on Friday, a little over a month after the high court ruled that former presidents are entitled to immunity from prosecution related to official acts.
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August 02, 2024
BigLaw Insurer Calls FirstEnergy Ruling Threat To Privilege
The Attorneys' Liability Assurance Society and the U.S. Chamber of Commerce threw their support Friday behind FirstEnergy's call for the Sixth Circuit to block investors' access to internal investigative documents produced by two BigLaw firms after a $1 billion bribery scandal became public.
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August 02, 2024
Dems Launch Bill To Expand Zelle, Venmo Fraud Protections
U.S. Senate and House Democrats on Friday proposed revisions to the Electronic Fund Transfer Act aimed at bolstering protections for consumers who fall victim to scams perpetrated by means such as mobile wallets, payment apps and wire transfers.
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August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
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August 02, 2024
Split 2nd Circ. Orders Partial Redo In Docs', Attys' Injury Scam
A divided Second Circuit panel on Friday upheld the convictions of three men who recruited patients for a more than $31 million trip-and-fall fraud scam that personal injury lawyers and doctors orchestrated, but remanded the case for further findings on the number of bogus accidents involved in the scheme.
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August 02, 2024
Investors Say Water Vending Co. Ran $100M Ponzi Scheme
A group of investors alleges that a Washington water-vending machine company bilked them out of more than $100 million in a Ponzi scheme by promising double-digit returns from a growing franchisee network serving Family Dollar stores and other locations.
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August 02, 2024
2nd Circ. Backs Conviction Over Fake-Therapy Scheme
The Second Circuit on Friday refused to overturn the conviction of a therapist who was found guilty of bilking a New York state program for developmentally disabled children, saying the trial court didn't err in declining to excuse a juror who had loose ties to a government witness.
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August 02, 2024
Wells Fargo's AML, Sanctions Programs Facing Investigation
Wells Fargo & Co. has said it is facing scrutiny from "government authorities" over issues with its anti-money laundering and sanctions compliance programs, further noting it is in talks with the U.S. Securities and Exchange Commission to settle an investigation into its investment account cash sweep offerings.
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August 02, 2024
Adviser Wants Fraud Settlement Nixed, Says Fla. Broke Deal
A retirement financial adviser is urging a Florida state court to overturn a settlement with the state's Office of Financial Regulation in an unregistered-securities lawsuit, saying the agency breached the confidential agreement by disclosing why a receiver demanded nearly $800,000 in clawbacks over alleged fraudulent transfers.
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August 02, 2024
Feds Want 30 Years For Bitcoin Fog Crypto Mixer Operator
Federal prosecutors asked a Washington, D.C., federal judge to sentence the convicted operator of the Bitcoin Fog crypto mixing service to 30 years and impose a $100,000 fine given he allegedly knowingly profited from a privacy service that "catered to criminals."
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August 02, 2024
SDNY Brass Looks To Future After String Of Courthouse Wins
A series of high-profile convictions won by federal prosecutors from the Southern District of New York shows the office is pursuing justice for a diverse community without regard for politics, its senior leaders told Law360, adding they intend to continue on that path.
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August 02, 2024
Boeing's New CEO To Steer Daunting Safety Culture Rebound
Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.
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August 02, 2024
3rd Circ. Backs Ex-NJ Firefighter's $50M Drug Fraud Sentence
The Third Circuit backed the eight-year prison sentence handed to a former New Jersey firefighter convicted for his role in a $50 million healthcare fraud scheme, rejecting his argument he was wrongly punished for taking his case to trial.
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August 02, 2024
HFZ Capital Cops To $86M Fraud Charges, Blames Ex-Chief
Defunct real estate firm HFZ Capital Group pled guilty in an $86 million criminal case Friday, admitting that its former top executive Nir Meir evaded New York City property taxes and stole funds from commercial and residential building projects.
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August 02, 2024
2nd Circ. OKs 33 Months For Ex-DOJ Paralegal's Video Leaks
In an unpublished opinion Friday, the Second Circuit upheld a former U.S. Department of Justice paralegal's 33-month sentence for helping her gang-affiliated son expose two associates who cooperated with a law enforcement probe into a 2018 robbery.
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August 02, 2024
Fla. Atty Cops To Attempted DC Bombing, Explosion In Texas
A Florida criminal defense attorney pled guilty on Friday to federal charges stemming from an attempted bombing outside the Chinese Embassy in Washington, D.C., in 2023 and the bombing of a satirical sculpture of communist leaders in San Antonio, Texas, in 2022.
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August 02, 2024
Cognizant Bribery Trial Delayed Again — Until 2025
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.
Expert Analysis
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How AI May Be Used In Fintech Fraud — And Fraud Detection
Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Opinion
European Union Criticisms Of The FCPA Are Misguided
Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Making The Pitch For A Civil Resolution In A Criminal Case
Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.