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White Collar
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July 01, 2024
House Republicans Call For ACA Enrollment Probe
Three House Republican committee chairs are asking government watchdogs to investigate Affordable Care Act enrollments after a third-party report alleged a significant number of Americans are fraudulently accessing low-income healthcare subsidies.
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July 01, 2024
Binance, Ex-CEO Must Face 'Bulk' Of SEC Case
A Washington, D.C., federal judge has ruled that Binance, its former CEO and its U.S. arm will have to face the "bulk" of a lawsuit from the U.S. Securities and Exchange Commission, but claims surrounding the crypto exchange's stablecoin and certain secondary sales of its proprietary token won't move forward.
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July 01, 2024
Pa. Man Gets 12 Years For $2M COVID-19 Funds Fraud
A Pennsylvania man was sentenced to approximately 12 years in prison following his convictions for bank fraud, aggravated identity theft and unlawful monetary transactions related to theft of federal COVID-19 pandemic relief funds, according to the U.S. Attorney's Office for the Middle District of Pennsylvania.
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July 01, 2024
Admiral, CEOs Deny Steering Navy Contracts
A retired four-star Navy admiral and two executives at a leadership training company pled not guilty to charges of conspiracy and bribery Monday morning in D.C. federal court, vowing to take the U.S. Department of Justice's case to trial.
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July 01, 2024
Ex-Calif. Law Firm CFO Charged in $1.2M Embezzlement
The former chief financial officer of two related San Francisco law firms now faces federal criminal charges that he embezzled at least $1.2 million from the companies, and the government is trying to seize some of his properties.
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July 01, 2024
Judge Acquits Firm Co-Founder, 27 Others Over Panama Papers
When authorities raided the now defunct Panamanian law firm Mossack Fonseca as part of their investigation into the international money laundering case known as the Panama Papers, they didn't follow the chain of custody for evidence they seized, so 28 people accused in the conspiracy must be acquitted, a Panamanian judge has ruled.
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July 01, 2024
Fla. Court Releases 2006 Epstein Grand Jury Transcripts
A Florida state court judge on Monday made public the 2006 grand jury transcripts of the Jeffrey Epstein sex abuse investigation after a newspaper persuaded him to reconsider releasing them in light of a new law signed by Gov. Ron DeSantis earlier this year.
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July 01, 2024
Feds Say Ex-Magellan Officer's Atty May Have Conflict
A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.
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July 01, 2024
Texas Attorney Serving 15-Year Sentence Is Disbarred
The State Bar of Texas announced Monday that it has yanked the license of a criminal defense attorney who was sentenced in 2021 to more than 15 years in prison after a jury found him guilty of cheating big-time Colombian drug trafficking clients.
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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June 28, 2024
Cahill Hires SDNY Vet Who Prosecuted 'Real Housewives' Star
Cahill Gordon & Reindel LLP has hired an eight-year veteran of the U.S. Attorney's Office for Southern District of New York who was a senior member of the office's Securities and Commodities Fraud Task Force and prosecuted a former U.S. congressional representative and a star of one of "The Real Housewives" TV series.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
CUNY Medical Prof Accused Of Fabricating NIH Grant Apps
A medical professor at the City College of New York and paid adviser to Cassava Sciences has been indicted on allegations he falsified scientific data in grant applications submitted to the National Institutes of Health on behalf of himself and Cassava, prosecutors announced Friday.
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June 28, 2024
Prosecution Rests In Menendez Bribery Trial
New York federal prosecutors on Friday closed out their case-in-chief that Sen. Robert Menendez accepted bribes from constituent businessmen, resting after a final witness said some $550,000 in cash seized from the senator's wife's house could not have been from his cash withdrawals in recent years, which were only $55,000.
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June 28, 2024
Citi Wants Termination Suit Over Alleged Lies To OCC Tossed
Citibank has urged a New York federal judge to toss a suit by a former managing director of the bank who claims she was fired for not reporting false information to compliance authorities, arguing that even if her claims are true, she hasn't plausibly alleged a cause of action under the Sarbanes-Oxley Act.
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June 28, 2024
Eagles' Don Henley Wants 'Hotel California' Lyrics Returned
Eagles frontman Don Henley is seeking to retake possession of handwritten lyric sheets that were seized by the Manhattan District Attorney's Office in a now-dismissed criminal case over the sale of the allegedly stolen album notes, asking a New York federal judge Friday to declare that he is the legal owner.
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June 28, 2024
FCPA, Shkreli Prosecutor To Lead EDNY's Criminal Division
Breon Peace, U.S. attorney for the Eastern District of New York, on Friday said Alixandra Smith, known for taking point in the prosecution of Martin Shkreli and her leading roles in foreign bribery cases, has been appointed as the new chief of the office's Criminal Division.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Ontrak Exec Conviction Shows Trading Plans Aren't Shields
Executives who use so-called Rule 10b5-1 trading plans to buy and sell shares of their company's stock don't have an automatic shield against insider trading charges, attorneys said following the first criminal conviction of an executive based exclusively on his use of the plans, which are facing increased scrutiny from financial regulators.
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June 28, 2024
Justices' SEC Ruling Unlikely To Bear On Immigration Actions
The U.S. Supreme Court's decision reining in the U.S. Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.
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June 28, 2024
Fla. Air Force Vet Charged With Sharing Classified Information
A Florida Air Force veteran was accused of distributing classified materials about military aircraft in a federal indictment, which charged him with several counts of sharing national defense information that could be used to harm the United States.
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June 28, 2024
Shkreli Asks High Court To Toss $64M Disgorgement Order
Former pharmaceutical executive Martin Shkreli, who gained notoriety for hiking the price of HIV/AIDS medication before serving more than four years in prison for securities fraud, is asking the U.S. Supreme Court to toss a disgorgement order requiring him to pay $64 million for monopolistic price-gouging.
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June 28, 2024
NJ Contractor Admits To Defrauding Defense Dept.
A New Jersey businessman has admitted in federal court to engaging in two multiyear schemes to defraud the U.S. Defense Department on contracts for military equipment parts and agreeing to rig bids for government contracts.
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June 28, 2024
Buttigieg Says Rescheduling Pot Would Not Alter DOT Policy
If the U.S. Department of Justice were to loosen federal restrictions on marijuana as it has proposed, it would not affect the U.S. Department of Transportation's authority to screen for the drug, Transportation Secretary Pete Buttigieg told members of Congress.
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June 28, 2024
Bitcoin Device Seller Sues Ex-CEO, Alleging $5.3M Fraud
A California-based crypto mining-farm builder and equipment seller has sued its former CEO in California federal court, alleging that he embezzled roughly $5.3 million, leading to the company's failure to pay multiple vendors in a timely manner.
Expert Analysis
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.
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How High Court SEC Case Could Affect The ITC
While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.
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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.