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White Collar
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July 02, 2024
Ozy's Watson Says He's No Fraudster, Judge Accused Of Bias
Ozy Media founder Carlos Watson on Tuesday sought to rebut claims of deceiving financial backers of the media and entertainment company, denying any involvement in a ploy to impersonate a YouTube executive in order to secure funding from Goldman Sachs, while defense counsel continued to accuse the trial judge of bias.
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July 02, 2024
Debevoise Can't Avoid Testifying In Ex-Cognizant Execs' Trial
A New Jersey federal judge denied Tuesday a bid by Debevoise & Plimpton LLP to quash a subpoena seeking testimony from a firm partner for the coming bribery trial of two former Cognizant Technology Solutions Corp. executives.
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July 02, 2024
Ex-Senior Apple Atty To Pay SEC $1.1M For Insider Trading
Apple's former director of corporate law must pay $1.1 million to securities regulators stemming from criminal insider trading charges to which he pled guilty in 2022, a New Jersey federal judge said Tuesday, finding that his "egregious" violations warrant the penalty since "his very job" was to ensure compliance with securities laws.
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July 02, 2024
YSL Judge Shares Transcript Of Secret Witness Meeting
The transcript of a secret meeting involving Fulton County prosecutors, a key state's witness and the judge overseeing the Young Slime Life case was released Monday, shortly after it was announced that proceedings in the case would be paused until an outside judge reviews motions for the judge's recusal.
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July 02, 2024
Calif. Atty Facing Disbarment After Admitting To $4.8M Fraud
The California State Bar announced Tuesday that a prominent Golden State family law attorney has agreed to be disbarred after she admitted to misappropriating "virtually the entirety" of a more than $4.8 million client trust account, then attempting to cover up the theft of funds by filing false documents.
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July 02, 2024
Prosecutors Rest In Chinese Exile's $1B Fraud Trial
Manhattan federal prosecutors on Tuesday concluded their case-in-chief in the $1 billion fraud trial of Chinese dissident Miles Guo, and the defense team began putting on its own witnesses to rebut the charges that the businessman convinced his followers to invest in sham companies.
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July 02, 2024
McKinsey Wants To Arbitrate Ex-Partner's Defamation Suit
McKinsey & Co. has urged a New York state judge to send to arbitration or dismiss a former partner's defamation lawsuit alleging the consulting giant tried to make him a scapegoat for purported evidence destruction amid a U.S. Department of Justice probe into McKinsey's work with opioid makers.
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July 02, 2024
Gov. Says Ky. Tower's Sale Didn't Cancel Ties To Laundering
Prosecutors and a pair of Miami businessmen have traded briefs over preserving the government's case in Florida federal court to seize $9.1 million from the sale of a Louisville, Kentucky, tower over alleged ties to a Ukrainian money laundering operation.
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July 02, 2024
Native American Activist Leonard Peltier Denied Parole
The U.S. Parole Commission on Tuesday denied parole for Leonard Peltier, a Native American activist serving a life sentence for his conviction in the 1975 slayings of two FBI agents, despite an array of calls for clemency over the years from such luminaries as Pope Francis and the Dalai Lama, as well as tribes, civil rights groups and federal lawmakers.
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July 02, 2024
Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict
The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.
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July 02, 2024
After Fischer, Judge Releases Atty Convicted In Jan. 6 Riot
A D.C. federal judge ordered the release of a Georgia attorney imprisoned for storming the U.S. Capitol on Jan. 6, 2021, saying his pending appeal would likely result in his freedom after the U.S. Supreme Court narrowed an obstruction of Congress law used to convict him and others involved in the assault.
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July 02, 2024
Sentencing Relief Law Gets Another Supreme Court Look
The U.S. Supreme Court on Tuesday agreed to consider whether a sentencing reduction provision in the First Step Act can apply to defendants whose sentences prior to the 2018 law are vacated and who are resentenced with the statute in effect.
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July 02, 2024
Giuliani Disbarred In New York Over Election Falsehoods
A New York appellate court Tuesday barred Rudolph Giuliani from practicing law in New York, citing ample evidence that the former New York City mayor made repeated false statements about the 2020 presidential election.
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July 02, 2024
Trump's NY Sentencing Pushed To Sept. After Immunity Ruling
A New York judge on Tuesday delayed Donald Trump's criminal sentencing from July 11 until Sept. 18 to give prosecutors and the former president's attorneys time to argue over whether the U.S. Supreme Court's immunity decision vacates his conviction.
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July 02, 2024
Justices Order Post-Rahimi Review For Felon Gun Ban
The U.S. Supreme Court on Tuesday ordered lower courts to review a series of cases that challenged as unconstitutional federal gun restrictions, including those for felons and drug users, in light of its ruling this term that allowed bans for domestic abusers.
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July 01, 2024
Giuliani Wants Bankruptcy Converted To Allow For Liquidation
Rudy Giuliani on Monday asked a New York federal bankruptcy judge to convert his voluntary Chapter 11 bankruptcy to a Chapter 7 proceeding, which would allow him to liquidate his assets to pay his debts.
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July 01, 2024
Trump Seeks To Vacate NY Verdict, Citing Immunity Decision
Former President Donald Trump's attorneys asked the New York state judge overseeing his hush money case to delay sentencing and consider setting aside the jury's guilty verdict in the wake of the U.S. Supreme Court's ruling on presidential immunity Monday.
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July 01, 2024
Ex-Ozy Media CEO Carlos Watson Takes Stand, Denies Fraud
Former Ozy Media CEO Carlos Watson on Monday testified that he is not guilty of charges that he deceived financial backers of the media and entertainment company about its allegedly dire financial state, while casting himself as the founder of an idealistic and scrappy startup that had more value than the government claims.
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July 01, 2024
Menendez's Sister Testifies Storing Cash Was Family Practice
An older sister of Sen. Robert Menendez who fled Cuba with their parents testified at the lawmaker's bribery trial on Monday that storing cash at home was a practice instilled by their father because of his deep distrust of banks.
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July 01, 2024
High Court Test Could Reshape Ga. Trump Case, Experts Say
The U.S. Supreme Court's ruling that former President Donald Trump is immune from prosecution for official acts will likely reshape the criminal case against him in Georgia, although Peach State courts will have to grapple with how to test which of his alleged actions were official.
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July 01, 2024
Hunter Biden Says Fox News 'Humiliated' Him With Mock Trial
Hunter Biden has accused Fox News of humiliating and harassing him with its fictional, six-part "mock trial" series, which he called a politically motivated attack that featured sexually explicit photos of him, according to a privacy and personal injury lawsuit filed Sunday in New York state court.
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July 01, 2024
Juror Didn't Taint Trial Before Removal, Colo. Justices Say
The Colorado Supreme Court said Monday that a trial judge's rejection of a Black defendant's challenge to a juror for alleged racial bias did not infringe on the defendant's rights, according to a majority decision that concluded the error was harmless because the juror was ultimately sent home.
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July 01, 2024
Could Trump Get Jail In NY? We Dug Into 10 Years Of Data
Donald Trump could well be sentenced to a prison term after a New York state jury found him guilty on 34 felony counts, according to criminal justice data showing that many New York defendants convicted of those crimes face incarceration.
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July 01, 2024
Wash. Law Firm, Ex-Atty Aided In $20M Fraud, Suit Alleges
A Washington attorney and her former law firm are accused of lending "an air of legitimacy" to an alleged scheme to bilk an asset management firm out of $20 million by using forged invoices to obtain financing for computer equipment, according to a complaint filed in Washington state court.
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July 01, 2024
How Broad Immunity Could Upend Trump's 4 Criminal Cases
The U.S. Supreme Court's landmark decision Monday that presidential immunity shields Donald Trump from criminal charges connected to his official acts creates a "nearly impossible burden" for the special counsel prosecuting Trump in the historic federal election interference case and complicates his other criminal matters, experts say.
Expert Analysis
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Perspectives
Context Is Everything In Justices' Sentencing Relief Decision
In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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What To Know About IRS' New Jet Use Audit Campaign
The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.
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In Bribery Case, High Court's Past Is Probably Prologue
The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Reducing Risk While DOJ Plans New Whistleblower Rewards
In light of the Department of Justice's newly announced plan to create a comprehensive whistleblower reward program to fill the gaps in the current patchwork of federal incentives, companies should mitigate their risk of external claims now by implementing internal systems where employees can confidently and anonymously report concerns, say Caleb Hayes-Deats and Walter Hawes at MoloLamken.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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DOJ's Safe Harbor Policy May Quietly Favor M&A Enforcement
In a change that has received little attention, the U.S. Justice Department's recently codified safe harbor policy essentially reads the Antitrust Division's criminal enforcement out of the policy entirely, and now appears to favor merger enforcement in antitrust, rather than criminal enforcement, as originally intended, say Daniel Oakes and James Attridge at Axinn.
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Takeaways From The 2023 DOJ Fraud Section Report
Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.