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White Collar
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July 11, 2024
Texas AG Claims He's About To Be Impeached Again
In a social media post about an upcoming Texas House committee meeting, Attorney General Ken Paxton said "weak-kneed" establishment Republicans and Democrats are conspiring on a second impeachment effort to try to remove him from office — a claim the committee chair called "farfetched fantasy."
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July 11, 2024
All Grand Jury Witnesses Get Civil Immunity, Colo. Panel Says
A Colorado state appeals court held for the first time Thursday that all types of grand jury witnesses have absolute immunity for their testimony, though they don't have sweeping protection for statements made before the proceedings start.
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July 11, 2024
Pa. Man Admits To Dick's Sporting Goods Insider Trading
A Pennsylvania man who netted nearly $825,000 in profits from Dick's Sporting Goods securities has pled guilty to insider trading using tips he obtained from a company employee, according to a Thursday announcement from the U.S. Department of Justice.
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July 11, 2024
Baldwin Wasn't Only 'Rust' Actor With Live Rounds, Jury Told
Alec Baldwin's counsel established Thursday during a contentious second day of testimony in the "Rust" trial in New Mexico that he wasn't the only actor unknowingly carrying live ammunition on the film's set before the 2021 fatal shooting of a cinematographer.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Atty's Missteps Conflicted Her At Trial, Mass. Justices Say
Massachusetts' highest court on Thursday ruled that a man convicted of murder should get a new trial because his lawyer would have had to deride her own performance during her client's police interview in order to provide the best possible defense.
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July 11, 2024
YSL Prosecutors Oppose Judge's Recusal Amid Mistrial Bid
Prosecutors on Wednesday argued there is no reason Fulton County Superior Court Judge Ural Glanville should stop overseeing the ongoing racketeering trial against Atlanta rapper Young Thug and his associates, approximately an hour after the rapper moved for a mistrial.
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July 11, 2024
Judge Warns Fake-Atty Suspect Not To Blow Off Court Dates
A convicted fraudster from Long Island pled not guilty Thursday in New York federal court to charges that he earned hefty fees while posing as a lawyer in a scam targeting inmates — and also was warned not to "sick out" of court dates.
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July 11, 2024
Ex-Union Leader Gets 6 Years For Bribery, Embezzlement
John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.
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July 11, 2024
Engineering Co. Seeks Coverage Of Deal In $80M Suit
An engineering and design firm said its insurer must reimburse it for a settlement reached in an $80 million unfair business practice lawsuit, telling a Nebraska federal court the insurer wrongfully denied coverage, forcing the firm to defend itself.
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July 11, 2024
House Fails To Pass Inherent Contempt Resolution For AG
The House on Thursday failed to pass a Republican-led inherent contempt resolution for Attorney General Merrick Garland in hopes of obtaining audiotapes of President Joe Biden's interviews with special counsel Robert Hur in the classified documents investigation, but the measure's sponsor promised to try again.
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July 10, 2024
BitMEX Cops To Flouting Anti-Money Laundering Rules
Offshore crypto derivatives exchange BitMEX pled guilty in New York federal court on Wednesday to a charge alleging it violated the Bank Secrecy Act by knowingly failing to maintain adequate anti-money laundering and customer identification programs, according to the U.S. Attorney's Office for the Southern District of New York.
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July 10, 2024
Magnets Co. Must Face Export Control Violation Claims
A magnetics manufacturer couldn't ditch criminal charges that it shipped sensitive defense-related schematics to Chinese companies without a federal license, after a Kentucky judge ruled that it bears the burden of showing the data qualified for exceptions under export regulations.
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July 10, 2024
Nassar Sex Abuse Law Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled on Wednesday that a legislative change to extend civil suit deadlines for certain victims of sexual assault as minors does not apply retroactively, finding that claims from a man who said he was assaulted by a priest in the 1990s were untimely.
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July 10, 2024
Chiquita Says Ecuador Banana Co. Prez Must Be Jailed
Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
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July 10, 2024
Ex-VP Of Fla. Aerospace Co. Sentenced To Prison For Fraud
The former vice president of a Miami-based aerospace company was sentenced to just over a year in federal prison after he pled guilty to fraud-related charges in connection to a scheme that involved embezzling millions of dollars and splitting the proceeds with a co-conspirator.
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July 10, 2024
SEC Nabs $6.7M Over Fraud Scheme But Must Tweak Fines
The U.S. Securities and Exchange Commission has secured a $6.7 million order against a retired attorney and a former broker accused of fraud tied to a purported energy company, but a Brooklyn federal judge has determined that the agency must recalculate the additional fines and other relief it wants imposed upon the two men.
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July 10, 2024
Proof Of Ozy Media CEO's Fraud Is Overwhelming, Jury Told
A New York federal prosecutor on Wednesday told the jury weighing the fate of Carlos Watson that the evidence presented at trial clearly shows that the former Ozy Media CEO was at the helm of a scheme to deceive investors into backing the struggling news and entertainment startup, by falsely inflating its financials and lying about the company's prospects in order to keep it afloat.
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July 10, 2024
Feds Say Guo Ran 'Fraud Empire' As Racketeering Trial Wraps
Manhattan federal prosecutors urged a jury on Wednesday to convict Chinese dissident Miles Guo for operating his political movement as a vast racketeering conspiracy that "brainwashed" supporters into spending more than $1 billion on scam investments.
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July 10, 2024
4th Circ. Says Parole Entry Did Not Interrupt Residency Status
The Fourth Circuit ruled that a Ghanaian national retained his status as a lawful permanent resident and is therefore eligible for U.S. citizenship, even though border officials refused to admit him into the country following a misdemeanor conviction for embezzlement.
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July 10, 2024
Engineer Who Faced Export Charges Cops To Tax Counts
A Chinese-born engineer has pled guilty to two counts of filing a false tax return related to allegations that he and his wife omitted gross income from their tax returns between 2015 and 2019, after Texas federal prosecutors initially charged the couple with export violations and fraud.
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July 10, 2024
Deutsche Bank Settles Ex-Trader's Malicious Prosecution Suit
Deutsche Bank has settled a lawsuit brought by a former trader who claimed the bank scapegoated him when the U.S. Department of Justice began an investigation into suspected interest rate rigging, according to a Wednesday filing in New York federal court.
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July 10, 2024
Key Menendez Witness Faces Scrutiny As Closings Drag On
Closing arguments in U.S. Sen. Robert Menendez's bribery trial are set to go into a fourth calendar day after jurors watched multiple sets of defense counsel Wednesday tear apart the testimony of a key cooperating witness.
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July 10, 2024
Archegos Founder Convicted Of $100B Fraud On Wall Street
A Manhattan federal jury on Wednesday convicted Archegos founder Bill Hwang of illegally injecting over $100 billion into Wall Street markets with lies to banks that ballooned stocks and his assets, before running his family-office hedge fund into the ground.
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July 10, 2024
Ocasio-Cortez Seeks Impeachment Of Justices Thomas, Alito
New York Rep. Alexandria Ocasio-Cortez filed articles of impeachment against U.S. Supreme Court Justices Clarence Thomas and Samuel Alito on Wednesday following a year of revelations about their repeated failures to disclose the acceptance of luxury travel and gifts, refusals to recuse in certain cases and other purported ethics violations.
Expert Analysis
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.