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White Collar
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July 23, 2024
Cooperator In Cannabis Bank Fraud Case Dodges Prison
A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.
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July 23, 2024
Cannabis Industry Stakeholders Weigh In On Rescheduling
As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.
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July 23, 2024
Kickback Risk Remains For Gene Therapy Fertility Programs
Federal health officials this week declined to relieve two companies of potential liability under the Anti-Kickback Statute concerning their fertility support programs for patients receiving gene therapies.
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July 23, 2024
Ex-Allied World Exec To Change Plea In $1.5M Fraud Case
Allied World National Insurance's former executive, who pled not guilty to wire fraud charges earlier this year stemming from a $1 million embezzlement scheme, will change his plea next week in Connecticut federal court, according to a minute entry order entered Tuesday.
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July 23, 2024
Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma
The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.
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July 23, 2024
Indonesian National Admits To $23M Ponzi Scheme
An Indonesian national pled guilty in New York federal court on Tuesday to conspiring to defraud a group of investors out of $23 million through a Ponzi scheme, ultimately spending the money on luxury goods and real estate.
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July 23, 2024
2nd Circ. Backs Project Veritas Search Tied To Stolen Diary
The Second Circuit on Tuesday upheld a district court's rejection of claims of journalistic privilege by Project Veritas' founder and two others at the activist group as they sought to shield documents seized under search warrants in connection with the stolen diary of President Joe Biden's daughter Ashley Biden.
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July 23, 2024
Bros. Want New Trial For Concrete Price-Fixing Convictions
Two brothers convicted earlier this month of involvement in a ready-made concrete bid-rigging and price-fixing scheme asked a Georgia federal judge Monday for another shot at trial, arguing that repeated testimony about purported law-breaking tipped the scales in favor of federal prosecutors.
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July 23, 2024
Tax Foreclosure Kickback Suit Too Late, Mich. County Says
A Wayne County, Michigan, treasurer has argued in Michigan federal court that a putative class action accusing him and other parties of engaging in a tax foreclosure and kickbacks scheme is time-barred.
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July 23, 2024
Feds Urge 6th Circ. To Affirm Pharma Owner's Fraud Sentence
The Sixth Circuit should affirm a district court's fraud convictions, nearly five-year sentence and $7 million restitution order against an Ohio pharmaceutical salesman who underreported his income to reduce his tax liability in a multimillion-dollar scheme involving bogus insurance billings, the federal government said.
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July 23, 2024
SEC Names New Acting Head Of Exams
The U.S. Securities and Exchange Commission has announced that the deputy director of its examinations division will serve as the unit's new acting director, as the previous director takes a leave of absence to focus on his health.
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July 23, 2024
Bannon To Face Border Wall Trial After Release From Prison
Steve Bannon's New York trial on charges that he stole donor money earmarked for a wall along the southern U.S. border will begin on Dec. 9, a month and a half after the former Donald Trump adviser is released from prison on a separate contempt of Congress conviction.
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July 23, 2024
No Victims, No Fraud, Trump Says In $465M Judgment Appeal
Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.
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July 23, 2024
NY Judge OKs Public Disclosure In Atty Misconduct Cases
A New York federal judge ruled Monday that the First Amendment does allow those who filed grievances against attorneys to access disciplinary hearings before the Appellate Division's Second Judicial Department, records related to those hearings and some of the grievance committee's final dispositions.
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July 23, 2024
NJ Sen. Menendez Resigning Aug. 20
Sen. Bob Menendez has decided to resign as the Senate Ethics Committee was moving swiftly to consider whether he should be expelled or censored after his conviction last week on 16 corruption charges.
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July 22, 2024
Actor, Promoter Cop To Forcount Crypto Ponzi Scheme
An actor who purported to be the CEO of Forcount Trader Systems Inc. and another promoter of the fake cryptocurrency outfit on Monday both admitted to defrauding investors out of millions of dollars through a Ponzi-esque pyramid scheme.
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July 22, 2024
Texas Man Cops To Laundering Nearly $8.5M In Scam Hauls
A Texas man has pled guilty to conspiring to launder funds totaling nearly $8.8 million obtained in schemes ranging from romance scams to a phishing attack on a Maryland County treasurer's office, prosecutors announced.
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July 22, 2024
Ex-Lobbyist Asks To Be Severed From Madigan RICO Case
The former Commonwealth Edison lobbyist on track to face a jury alongside former Illinois House Speaker Michael Madigan this fall asked a federal judge Friday to sever his corruption case from Madigan's, saying a joint trial would be unfair because Madigan's lawyers intend to act as "second prosecutors" against him.
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July 22, 2024
CEOs Want To Separate Bribery Trial From Navy Admiral's
A pair of CEOs charged with bribing a retired four-star Navy admiral to potentially secure lucrative government contracts have asked a D.C. federal judge to sever their cases from the retired admiral's bribery trial, arguing that there's a "serious risk" they would be unfairly prejudiced by holding a joint trial.
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July 22, 2024
Judge Limits Girardi Clients' Injury Details In Upcoming Trial
Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.
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July 22, 2024
Former DC Chief Deputy AG Joins Hogan Lovells
A former chief deputy attorney general for the District of Columbia has joined Hogan Lovells as a partner after more than two years at Brownstein Hyatt Farber Schreck LLP, where he helped co-lead its state attorneys general practice group.
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July 22, 2024
Hunter Biden Drops Suit Against Fox News Over 'Mock Trial'
Hunter Biden has dropped a Manhattan federal court lawsuit against Fox News over a six-part "mock trial" the cable network broadcasted that featured a fictional trial on two charges that Biden never actually faced.
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July 22, 2024
Boston Fund Can't Duck SEC's Unregistered Dealer Case
A Massachusetts federal judge on Monday kept alive U.S. Securities and Exchange Commission allegations that Boston investment firm Auctus Fund violated securities laws by failing to register as a broker-dealer when harvesting deeply discounted shares of cash-strapped public companies through debt agreements.
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July 22, 2024
Bus Parts Co. To Pay Up To $4M To End Criminal Fraud Probe
French bus parts supplier CBM will pay up to about $4 million and enter into a non-prosecution agreement with the U.S. government to end an investigation into an alleged scheme to pass off generic parts to U.S. transit authorities as brand-name parts, Manhattan federal prosecutors said Monday.
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July 22, 2024
Ex-Fed. Judge's Misconduct Prompts New Criminal Trial Bid
Alleged misconduct by former Alaska federal Judge Joshua Kindred and a prosecutor he had a relationship with should undo a defendant's recent cyberstalking conviction in the judge's court, that defendant has said.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Playing The Odds: Probing Sports Betting Allegations
With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.