White Collar

  • April 09, 2024

    Calif. AG Backs Bill To Revamp 'Abysmal' Corporate Penalties

    California Attorney General Rob Bonta gave his full support Tuesday to a state bill that would increase the cap on criminal penalties for corporate malfeasance from the "abysmal penalty" of $10,000 per felony to $25 million, or twice the value of the inflicted loss, and provide all proceeds to California's crime victim services.

  • April 09, 2024

    In Trump Case, Justices Get Reminded Presidents Aren't Kings

    Former President Donald Trump's bid for absolute presidential immunity from criminal prosecution flies in the face of a major feature of the U.S. Constitution, and would create novel obstacles for the military and the economy, backers of special counsel Jack Smith have told the U.S. Supreme Court.

  • April 09, 2024

    Former Pharma Exec Can't Oust Judge In Contempt Case

    A federal judge in Massachusetts on Tuesday denied what he called a "frivolous" motion to recuse himself from a criminal contempt proceeding against a former pharmaceutical executive who has acknowledged using an alias to flout an injunction banning him from working in the securities field.

  • April 09, 2024

    StarKist, PE Co. Settle Tuna Price-Fixing Claims For $3.9M

    Canned tuna buyers are hoping to settle their long-running price-fixing suit with StarKist and Bumble Bee, asking a California federal judge for preliminary approval of two class action payouts worth a total of $3.87 million.

  • April 09, 2024

    White House, Senate Dems Want $1.3B To Fight COVID Fraud

    The White House has been working with Senate Democrats on a $1.3 billion plan to expand the federal government's toolkit for going after pandemic fraudsters who took advantage of the influx of aid made available to different facets of the public during the COVID-19 pandemic.

  • April 09, 2024

    Ex-LA Deputy Mayor Says Jury's Chats Warrant Mistrial

    Former Los Angeles deputy mayor Raymond Chan is calling for a mistrial following his bribery conviction, telling a federal judge the jury foreperson and two other panel members discussed the case outside the jury room, reaching a premature verdict that likely swayed other jurors.

  • April 09, 2024

    Crypto Mining CEO's Asset Freeze Fight Axed At 11th Circ.

    An Eleventh Circuit panel has rejected a bid to lift an asset freeze by a man accused of running a crypto mining scheme, ruling U.S. financial industry regulators did not have to formally serve him before asking a court to block activity in his financial accounts.

  • April 09, 2024

    2nd Circ. Doubts Venue 'Error' In Conn. Malware Convictions

    The Second Circuit on Tuesday wondered why a Russian national convicted of providing technical support to a worldwide computer crime network waited until after his trial to argue that a Connecticut federal district court was the wrong venue for the matter, as the convict leaned on testimony from the leader of the Kelihos botnet to make his case during oral argument.

  • April 09, 2024

    Ex-Ecuadorian Official Denies Laundering Construction Bribes

    Ecuador's former comptroller on Tuesday denied accepting and laundering $10 million in bribes in exchange for eliminating fines imposed against a Brazilian company for constructing a shoddy hydroelectric plant, telling a Florida federal court he was charged with crimes because the project's corrupt manager lied to avoid prison time.

  • April 09, 2024

    Trump Opposes NY Monitor Probe After Exec's Perjury

    Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.

  • April 09, 2024

    Former Atlanta CFO Pleads Guilty To Stealing City Funds

    The city of Atlanta's former chief financial officer, Jim Beard, has pled guilty in a federal case alleging he obstructed an Internal Revenue Service audit and stole thousands of dollars in city funds to use for personal travel and the purchase of two custom-built machine guns.

  • April 09, 2024

    Treasury Renews Call For Tools To Combat Crypto Crime

    Deputy Treasury Secretary Wally Adeyemo on Tuesday renewed his call to Congress for additional tools to combat cryptocurrency's use by bad actors as lawmakers floated their own priorities for a cryptocurrency regulatory regime.

  • April 09, 2024

    Boies Schiller Attys Face Sanctions Bid Over Epstein Suit

    Boies Schiller Flexner LLP's chairman and a co-managing partner are facing a sanctions bid from associates of billionaire and sexual predator Jeffrey Epstein for filing a proposed class action against them despite the attorneys' clients previously signing releases of liability to receive victim compensation.

  • April 09, 2024

    Sen. Menendez's Wife Says Surgery Should Delay Bribery Trial

    The wife of U.S. Sen. Robert Menendez said Tuesday that a "serious medical condition" requiring surgery should delay her trial on bribery charges, a case a New York federal judge has firmly set for May 6.

  • April 09, 2024

    Hogan Lovells Adds Baker Botts Enviro Litigators In DC, SF

    Hogan Lovells announced Tuesday it has hired three environmental crisis and white collar attorneys from Baker Botts LLP to bolster efforts to steer clients through criminal environmental and workplace safety investigations and other matters.

  • April 09, 2024

    Atty Gets 5-Year Suspension After Tax Fraud Conviction

    Citing the case's harm to the reputation of lawyers, a Connecticut state court judge has suspended a real estate, personal injury and criminal defense lawyer for five years over a federal income tax fraud conviction, issuing a punishment beyond what disciplinary authorities suggested.

  • April 09, 2024

    Ashley Biden Diary Stealer Gets Prison For 'Despicable' Conduct

    A Manhattan federal judge on Tuesday sentenced a Florida woman to a month in prison for stealing the diary of President Joe Biden's daughter and selling it to Project Veritas, imposing sentence after a lengthy and unusual series of adjournments.

  • April 09, 2024

    Trump Loses 2nd Appellate Bid To Pause NY Criminal Trial

    A New York state appellate judge refused Tuesday to delay Donald Trump's upcoming criminal hush-money trial while the former president challenges a gag order, just one day after a different appeals judge declined to halt the trial due to supposed jury pool bias.

  • April 09, 2024

    Tribal Co. Says Calif. DA Shouldn't Escape Greenhouse Fight

    A Native American-owned corporation is asking a California federal court not to throw out its suit aiming to block the San Bernardino District Attorney's Office from destroying its greenhouses, saying federal abstention isn't proper because the state proceeding the DA references is against a different party.

  • April 09, 2024

    'Entrepreneurial' Baker Botts, Cozen Trio Launch Defense Firm

    Two former Baker Botts LLP partners, including the firm's former head of litigation, have teamed up with a longtime member of Cozen O'Connor's white collar defense practice to launch a boutique law firm based in Washington, D.C.

  • April 08, 2024

    Ex-Autonomy Exec Says Boss's Invoice Ask Caused Concern

    A former Autonomy finance employee took the stand Monday in the criminal fraud trial of ex-CEO Michael Lynch and finance director Stephen Chamberlain, telling a California federal jury that he was "not comfortable" with one of Chamberlain's invoice requests and was sacked after raising concerns about accounting irregularities.

  • April 08, 2024

    Feds Tell Justices Trump's Immunity Bid Would Upset Framers

    Former President Donald Trump's claim to absolute presidential immunity from criminal charges related to official acts contradicts the text and intent of the U.S. Constitution and would've been "anathema" to the document's framers, special counsel John L. "Jack" Smith told the U.S. Supreme Court late Monday.

  • April 08, 2024

    Oppenheimer Beats FINRA Arbitration Bid By Ponzi Victims

    Financial services company Oppenheimer & Co. Inc. has blocked a bid by investors seeking to arbitrate claims before the Financial Industry Regulatory Authority that attempted to keep the company on the hook for a Ponzi scheme orchestrated by a former Oppenheimer-registered broker.

  • April 08, 2024

    Canadian Atty Settles SEC's Penny Stock Claims For $335K

    The U.S. Securities and Exchange Commission has inked a $335,000 settlement with a Canadian lawyer to end claims that he enabled a penny stock fraud scheme by working with a California trader as an unregistered broker, court filings on Monday show.

  • April 08, 2024

    Citibank Can't Dodge Liability After Escrow Theft

    A Washington state appeals court said Monday that Citibank and a predecessor lender can't avoid liability after an escrow agent allegedly embezzled nearly $1 million from a real estate company's refinancing deals, in an opinion that said the trial court failed to correctly apply controlling case law still "good" after 70 years.

Expert Analysis

  • When Your Client Insists On Testifying In A Criminal Case

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    Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Why Preemption Args Wouldn't Stall Trump Hush-Money Case

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    With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

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    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.

  • Opinion

    European Union Criticisms Of The FCPA Are Misguided

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    Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.

  • Fintech Compliance Does Not Always Equal Bank Compliance

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    Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.

  • Making The Pitch For A Civil Resolution In A Criminal Case

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    Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Justices' Trump Ballot Ruling: Purposivism In Textualist Garb

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    The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.

  • Opinion

    UK Whistleblowers Flock To The US For Good Reason

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    The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

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