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White Collar
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June 13, 2024
Goldman Exec's 'Mind Entirely Blown' By Fake Ozy Media Call
A former Goldman Sachs executive who was looking into taking a stake in Carlos Watson's Ozy Media testified on Thursday that she was floored during a due diligence call when it became clear that someone was impersonating a YouTube executive in an apparent effort to persuade the bank to invest in Watson's startup.
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June 13, 2024
Menendez Trial Delayed After Co-Defendant Gets COVID
The bribery trial against U.S. Sen. Bob Menendez and associates has been halted for at least two days because co-defendant Fred Daibes has COVID-19, a judge said Thursday afternoon.
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June 13, 2024
Canadian Businessman Cops To Stealing Tesla Trade Secrets
A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.
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June 13, 2024
Ex-Colo. DA Rips Current Prosecutor Over Conduct In Murder Case
A prominent former Colorado district attorney on Thursday roundly criticized a sitting prosecutor accused of misconduct, noting her freewheeling commentary about ongoing cases led to dismissals and suggested she refused to acknowledge the team she led had been "a bunch of disorganized, sloppy lawyers."
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June 13, 2024
Judge Orders $2.9M Chinese Dissident's Fund Share Sale
A Connecticut bankruptcy judge approved a request by the Chapter 11 trustee overseeing exiled Chinese billionaire Miles Guo's case to liquidate $2.9 million in investment fund shares held by Lamp Capital LLC, a shell company whose assets the judge already determined belonged to Guo's estate.
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June 13, 2024
House Hearing On NY Trump Prosecutors Flirts With Chaos
The House Judiciary Committee spiraled Thursday morning after Rep. Matt Gaetz demanded a vote to subpoena Manhattan District Attorney Alvin Bragg, who charged former President Donald Trump with 34 felonies, of which he has been convicted, and the Republican chair of the committee had to call for a recess.
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June 13, 2024
Indicted Ex-Conn. Official Missed Gun Sale Deadline, Feds Say
Former Connecticut state budget official Konstantinos Diamantis has missed deadlines to remove guns from his residence and claimed he couldn't locate his passport despite orders to surrender it to federal authorities while he awaits trial on bribery and extortion charges, a U.S. probation officer reported Wednesday.
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June 13, 2024
Feds' Forfeiture Error Won't Tank Outcome Execs' Conviction
Outcome Health executives can't wipe out their $1 billion fraud convictions or receive a new trial despite arguing that improperly frozen assets prevented them from hiring their chosen lawyers, an Illinois federal judge said Wednesday, ruling that they waived their challenge to the forfeiture by waiting too long.
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June 13, 2024
Michigan Supreme Court Curbs Voter Interference Law
The Michigan Supreme Court narrowed the reach of a law criminalizing voter intimidation Thursday due to fears it could be used to chill political speech, sending prosecutions for robocalls that aimed to suppress Black voter turnout back to an appellate panel for more review.
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June 13, 2024
A Chronology Of The Hunter Biden Investigation
The story behind President Joe Biden's son Hunter Biden's conviction on federal gun charges started with a gun purchase in 2018, was complicated by a laptop repair in 2019, and could bleed into an upcoming trial on federal tax charges in California in September.
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June 13, 2024
Rakoff Says Criminal Justice Act Attys Should Work Weekends
Indigent defendants requiring free criminal legal advice should have access to conflict-free counsel even over the weekends, U.S. District Judge Jed S. Rakoff in Manhattan said in a blistering Thursday opinion, citing a suboptimal sequence of events in a high-profile drug case.
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June 13, 2024
Health Co. Execs Charged In $100M Adderall Sales Scheme
Two California digital healthcare company executives were charged in a first-of-its-kind case Thursday with scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.
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June 13, 2024
Georgia DA Willis Moves To Ax Trump Appeal In DQ Fight
A prosecutor from Fulton County District Attorney Fani T. Willis' office wants a Georgia appellate court to nix an appeal that seeks to disqualify Willis from her election interference case against former President Donald Trump, claiming the appeal rests on flimsy evidence.
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June 13, 2024
Ga. Justices Pause Jail For YSL Atty For Contempt Appeal
The Georgia Supreme Court said Wednesday that a defense lawyer for Atlanta rapper Young Thug doesn't have to head to jail Friday, ruling that he can appeal the criminal contempt charge lodged against him for refusing to divulge how he knew of a closed-door conversation between prosecutors, a witness and the judge presiding over the racketeering case.
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June 13, 2024
How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case
A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.
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June 13, 2024
Man Accused Of Posing As Immigration Atty Cops To Larceny
A New York City man who was accused by city prosecutors of posing as an immigration attorney and fraudulently raking in legal fees pled guilty to a misdemeanor count of petit larceny and was sentenced to time served.
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June 12, 2024
Colo. DA's Probe Harms Justice System, Ex-Judge Says
A former Colorado state judge told an attorney disciplinary panel Wednesday that a district attorney's push to interview the judge's ex-wife after he made adverse rulings for the prosecution in a high-profile murder case was prompted by a "baseless conspiracy theory" and harmful to judicial independence.
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June 12, 2024
Menendez Wanted Certain Case Scrutinized, US Atty Testifies
New Jersey U.S. Attorney Philip Sellinger took the stand Wednesday in the bribery trial against onetime friend Sen. Robert Menendez, telling a New York federal jury he had to rebuff the senator's request for a "careful" look at a case against one of the men alleged to have bribed Menendez.
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June 12, 2024
Hedge Fund Manager Cops To $3M Fraud Scheme
A New York fund manager on Wednesday admitted to defrauding investors out of at least $3 million through his investment management firm, in a scheme that has been ongoing for the last three years.
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June 12, 2024
Lies At Heart Of Fraud Case Over COVID Test Kits, Jurors Told
The retrial of a securities fraud case over a COVID test kit deal that never materialized will center on lies, according to opening statements delivered in New Jersey federal court Wednesday.
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June 12, 2024
Prosecutor Drops Extortion Case Against Fla. Securities Atty
A Florida state prosecutor on Wednesday dropped a felony extortion charge against a securities litigation attorney who was accused of threatening to expose an accuser's criminal past if she didn't resign from their condominium board, saying an investigation revealed that there wouldn't be a reasonable likelihood of conviction.
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June 12, 2024
Ex-Rehab Biz Manager Gets Prison For Theft From Resident
The former business manager of a Connecticut rehabilitation center will serve at least nine months in prison for stealing money from an elderly resident's bank account, state prosecutors said.
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June 12, 2024
'Tiger-Wolf' Trader Cops To Wire Fraud For $700K Scheme
A 26-year-old Charlotte man on Wednesday pled guilty to federal prosecutors' claims that he defrauded over 100 would-be investors in his purported hedge fund, Tiger-Wolf Capital LLC, spending much of their money on his own lavish lifestyle.
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June 12, 2024
Ex-Navy Employee Pleads Guilty To Contract Bribery Scheme
Former U.S. Navy civilian official James Soriano has pleaded guilty to accepting bribes from Navy contractors to help steer hundreds of millions of dollars in deals to the companies, after reaching a plea deal with prosecutors.
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June 12, 2024
4 Charged In $50M Email, Romance Fraud Schemes
Four people were charged by Brooklyn federal prosecutors with participating in a series of fraudulent email and romance fraud schemes that resulted in $50 million in losses to the alleged victims.
Expert Analysis
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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$32.4M Fine For Info Disclosure Is A Stark Warning For Banks
The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.
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Lessons From Rare Post-Verdict Healthcare Fraud Acquittal
A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.
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ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals
ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction
The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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A Closer Look At Novel Jury Instruction In Forex Rigging Case
After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.
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Googling Prospective Jurors Is Usually A Fool's Errand
Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.
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Skirting Anti-Kickback Causation Standard Amid Circuit Split
Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.
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A Look Into How Jurors Reach High Damages Awards
In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.
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What New Calif. Strike Force Means For White Collar Crimes
The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.