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White Collar
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February 27, 2025
SEC Revives Suit Alleging $4.1M Bogus Mutual Fund Scheme
The U.S. Securities and Exchange Commission on Thursday revived a lawsuit accusing a Lithuanian citizen living in the U.S. of using a series of nonexistent mutual funds to bilk dozens of investors out of roughly $4.1 million.
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February 27, 2025
Judge Axes NYC Loan Row, Sanctions Firm For Depositions
A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.
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February 27, 2025
Crypto Fugitives Should Pay SEC $46M, Judge Recommends
A cryptocurrency mining company and its founders, who fled to Brazil after the SEC launched an investigation, should be on the hook for more than $46 million in combined payments to harmed investors, along with interest and penalties, a magistrate judge has recommended.
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February 27, 2025
SEC Says Meme Coins Are Not Securities
The U.S. Securities and Exchange Commission staff declared Thursday that so-called meme coins do not fall under the agency's jurisdiction and that purchasers of the coins should not expect to be protected by federal securities laws.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
SEC Ends Coinbase Case As Uyeda Pledges To 'Rectify' Policy
The U.S. Securities and Exchange Commission confirmed Thursday that it will walk away from its suit against cryptocurrency exchange Coinbase to clear the way for its newly created Crypto Task Force to develop digital asset policy "in a more transparent manner."
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February 27, 2025
Family Denies Role In $81M Son-Of-Boss Tax Scheme
The government failed to prove that former shareholders of a family holding company knew the buyer of their company stock was shorting the IRS nearly $81 million and that they should be on the hook for the taxes, family members told a New York federal court Thursday.
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February 27, 2025
Ex-Trump Atty Powell's Mich. Misconduct Hearing Set For May
The Michigan Attorney Discipline Board on Thursday announced the date for a misconduct hearing for Trump campaign lawyer Sidney Powell and other attorneys who were allegedly involved in a legal challenge to Michigan's 2020 presidential election results and supporting Donald Trump's election fraud theories.
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February 27, 2025
Convicted COVID Aid Fraudster Gets 11 Years For $7.6M Plot
A man convicted of conspiring to bilk about $7.6 million from the U.S. Small Business Administration through COVID-19 relief applications submitted in other people's names has been sentenced to 11 years in prison, New York federal prosecutors said Thursday.
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February 27, 2025
NC Woman Admits To Role In $5M Student Loan Fraud
A North Carolina woman has admitted she conspired to commit wire fraud as part of a more than $5 million theft from the federal student loan aid program, a fraud that the U.S. Department of Justice said she organized with more than 70 "straw students."
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February 27, 2025
Wis. Tribe Says It Won't Block, Ticket During Road Dispute
A Wisconsin tribe embroiled in an ongoing dispute with the town of Lac du Flambeau over four tribal roads says it will not block their entrances or ticket anyone for using them as long as the litigation continues.
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February 27, 2025
Lead Testing Co. Director To Admit False Statements
A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.
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February 27, 2025
DOJ Says It Will No Longer Defend DEA Admin Judges
The U.S. Department of Justice told a Rhode Island federal judge Thursday it would no longer defend the federal policy that protects administrative law judges from removal in a lawsuit challenging the Drug Enforcement Administration's internal proceedings.
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February 27, 2025
Magnet Co. Execs To Plead Guilty For Emailing Info To China
Two magnetics manufacturing company executives have agreed to enter a plea of guilty for their role in emailing schematics from U.S. Department of Defense contractors to Chinese companies and will face three years behind bars.
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February 27, 2025
Winklevoss Twins Say SEC Crypto Probe Over, Attys Must Go
The founders of crypto exchange Gemini are calling on the U.S. Securities and Exchange Commission to fire and publicly call out staff members who worked on crypto enforcement cases under the Biden administration as they announced that the agency has dropped its investigation into the company.
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February 27, 2025
Judge Won't Force Victim's Atty's Reports In Sex Assault Case
A Florida state judge on Thursday denied a request by three men, including a real estate broker, facing sexual assault charges to force discovery of reports by the victim's attorney at Morgan & Morgan PA.
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February 27, 2025
Cognizant Execs' Trial Could Test Force Of FCPA Pause
The government's decision to proceed with a trial of two former Cognizant Technology Solutions Corp. executives despite the Trump administration's retreat from Foreign Corrupt Practices Act enforcement adds a layer of intrigue to a legal saga that has already captivated the white collar bar given the rarity of such cases ever reaching juries.
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February 27, 2025
Insurer's Bid To Dodge $1.4M Bank Scam Suit Premature
An insurer cannot yet escape an attorney's demand for coverage in an alleged scheme to steal $1.4 million from a New Jersey development company, a Connecticut federal judge ruled, saying the carrier didn't follow court procedures before it moved to end the case.
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February 27, 2025
Goldstein Urges Judge To Lift Device Monitoring Requirement
U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Thursday to nix a condition of his pretrial release that requires him to have monitoring equipment installed on his electronic devices.
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February 27, 2025
Trump Urges Ga. Justices To Leave Election Charges Nixed
President Donald Trump has urged the Georgia Supreme Court to uphold a state appellate decision that affirmed the dismissal of six counts in the state's election interference case.
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February 27, 2025
How Adams' Latest Move Might Checkmate The DOJ
New York City Mayor Eric Adams' push to permanently dismiss his federal corruption case is a clever legal strategy that appears to have backed the government into a corner, experts say.
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February 27, 2025
Deputy AG And Antitrust Nominations Head To Full Senate
The Senate Judiciary Committee sent the nominations of Todd Blanche, for deputy attorney general, and Gail Slater, for assistant attorney general for the Antitrust Division at the U.S. Department of Justice, to the full Senate on Thursday, the latter of whom received bipartisan support.
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February 27, 2025
Lenders Can't Claim Ex-Mylan VP's $4M Insider Trade Penalty
Lenders who said they were owed money by a former Mylan vice president can't call dibs on any of the $4.3 million he was ordered to forfeit as part of his guilty plea to insider trading since they hadn't shown that they had a better claim to the money than the defendant or the government, a Pennsylvania federal judge has ruled.
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February 26, 2025
SEC Wants To Pause Fraud Suit Against Tron Founder
The U.S. Securities and Exchange Commission on Wednesday asked a New York federal court to pause its fraud suit against the founder of blockchain network Tron Foundation, joining the growing list of cryptocurrency cases being abandoned or sidelined under the new Trump administration.
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February 26, 2025
Bank Directors Back Ex-Rabobank Exec's High Court Bid
A bank director advocacy group has urged the U.S. Supreme Court to take up a former Rabobank compliance chief's challenge against the Office of the Comptroller of the Currency, arguing the agency engages in a practice of "regulation-by-dismissal" to the detriment of the banking industry.
Expert Analysis
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.