White Collar

  • 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.

  • April 08, 2024

    NRA, LaPierre, Execs Seek To Ax $6M Misconduct Verdict

    The National Rifle Association, its longtime CEO Wayne LaPierre and two other executives asked a New York judge to throw out a Manhattan jury's verdict that they improperly used donor money, among other misconduct, and owe the gun rights group a total of $6.4 million.

Expert Analysis

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    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.

  • A Look Into How Jurors Reach High Damages Awards

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    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.

  • What New Calif. Strike Force Means For White Collar Crimes

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    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.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Sentencing Shift Might Not Help Most White Collar Defendants

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    Many have lauded the new zero-point offender adjustment in the U.S. sentencing guidelines, which may provide a pathway for noncustodial sentences for first-time offenders — but given the types of cases federal prosecutors often pursue, it likely won't offer much relief to white collar defendants, says Saurish Appleby-Bhattacharjee at BCLP.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • As Promised, IRS Is Coming For Crypto Tax Evaders

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    The IRS is fulfilling its promise to crack down on those who have neglected to pay taxes on cryptocurrency earnings, as demonstrated by recently imposed prison sentences, enforcement initiatives and meetings with international counterparts — suggesting a few key takeaways for taxpayer compliance, say attorneys at BakerHostetler.

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