White Collar

  • April 04, 2024

    Investors Want To Try Fraud Case Receiver Won't

    Investors in a company accused by securities regulators of a $125 million Ponzi scheme said Thursday they should get to pursue fraudulent transfer claims against other companies themselves, after a receiver indicated he didn't have the resources to go after them.

  • April 04, 2024

    Crypto Bank, Chair Blast FTX Investors' 'Gatling Gun' Claims

    A crypto bank and its chairman have urged a Florida federal judge to toss a second amended complaint from FTX investors alleging they helped Sam Bankman-Fried abscond with $8 billion in customer assets, saying the investors "employ a Gatling gun approach to pleading."

  • April 04, 2024

    Young Thug Can't DQ Prosecutor Over Questions To Witness

    An Atlanta judge on Thursday denied a motion to disqualify the lead prosecutor in the racketeering trial against rapper Young Thug and five others after weighing claims that she had made herself a witness, according to defense counsel.

  • April 04, 2024

    OCC's Hsu Floats Splitting Refund Costs For AI-Enabled Fraud

    Requiring banks and artificial intelligence platforms to share financial responsibility for reimbursing victims of AI-enabled payment fraud could help incentivize better anti-fraud controls, the Office of the Comptroller of the Currency's acting chief said Thursday.

  • April 04, 2024

    NC Tax Fraud Trial Evidence Bids Get Lukewarm Reception

    A North Carolina federal judge on Thursday seemed reluctant to limit certain evidence against two attorneys and an insurance agent in their upcoming tax fraud trial, saying some of it seemed pertinent to the government's quest to prove intent but suspected other information might be construed by jurors as "petty."

  • April 04, 2024

    Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature

    A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.

  • April 04, 2024

    Huawei Slated For 2026 Sanctions, IP Theft Trial

    A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.

  • April 04, 2024

    SEC Fines Adviser Senvest $6.5M In Texting Probe Case

    Investment adviser Senvest Management LLC has agreed to pay the U.S. Securities and Exchange Commission $6.5 million for its failure to hold on to certain electronic communications, the SEC said, expanding the list of settlements the agency has secured with firms in recent months over off-channel texting violations.

  • April 04, 2024

    Ohio Campaign Treasurer Takes Plea In Theft Case

    A prominent Republican campaign treasurer tendered a guilty plea Thursday in a case accusing him of stealing nearly $1 million from candidates over the last two decades, according to Ohio federal prosecutors and his attorney.

  • April 04, 2024

    Brett Favre Fights To Revive Miss. Defamation Suit In 5th Circ.

    Retired NFL quarterback Brett Favre is arguing to the Fifth Circuit that fellow Hall of Fame inductee Shannon Sharpe's broadcast comments about his alleged involvement with a huge Mississippi welfare fraud could not be excused as hyperbole, in an attempt to revive a defamation suit against Sharpe.

  • April 04, 2024

    8 Bronx Men Charged In Brazen 'Wild West' Beer Train Heists

    Eight men are charged with looting thousands of dollars' worth of beer from railyards and distribution sites throughout the Northeast in what prosecutors described as a "Wild West"-like crime spree over a two-year period in which the suspected ringleader is believed to have scouted members on Instagram touting promises of making "100k+ in a month."

  • April 04, 2024

    NY AG Wants Trump Insurer To Guarantee $175M Bond

    New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.

  • April 04, 2024

    Ex-NY Court Atty Found Guilty Of Official Misconduct

    A New York state jury on Thursday found a former appeals court attorney guilty of official misconduct for using her position to provide a legal opinion that helped her husband and his law firm secure a $55,000 payment from a new client.

  • April 04, 2024

    Real Estate Fraudster Wins 3rd Circ. Bid To Testify

    The real estate agent who helped ex-NFL player Irving Fryar in a scheme to defraud several banks out of $1 million in mortgages was wrongly denied the ability to testify on his own behalf at a hearing over alleged violations of his supervised release, the Third Circuit ruled in a precedential opinion Thursday.

  • April 04, 2024

    Feds Seek 63-Month Term For $8.6M Embezzlement Scheme

    Federal prosecutors asked a Georgia judge Thursday to hand down a 63-month prison term for a woman who was caught stealing more than $8.6 million from her employer, a scheme the government called "one of the most egregious employer embezzlement cases in recent memory."

  • April 04, 2024

    Ga. Says Listening to Atty-Client Calls Not Unconstitutional

    The state of Georgia has told the state's Supreme Court that prosecutors didn't trample on the Sixth Amendment rights of a man convicted of assault, because they didn't intentionally seek to listen to privileged phone calls between the man and his lawyer and because the phone calls weren't evidence at trial.

  • April 04, 2024

    Judge Won't Pause Dismissal Of $114M Discord Stock Case

    A Houston judge has denied a bid from federal prosecutors to pause the dismissal of an indictment that accused eight men of running a $114 million pump-and-dump stock scheme, writing that the government's argument for a stay largely rehashes the merits of dismissing the case and "is not particularly persuasive."

  • April 04, 2024

    Ghostwriting Undercut Bar Conflict Safeguards, Report Says

    The State Bar of California's former deputy executive director "violated the spirit and undermined the purpose of the Rule 2201 Program," according to a report the state bar commissioned investigating the former director's "ghostwriting" of reports connected to attorney discipline cases where conflicts arise, including one concerning embattled ex-attorney Tom Girardi.

  • April 04, 2024

    UK Billionaire Lewis Avoids Prison For Insider Trading

    A New York federal judge on Thursday sentenced British billionaire Joe Lewis to three years of probation for feeding his girlfriend and private-jet pilots nonpublic stock tips about his private equity firm's portfolio companies, saying a prison term would put the 87-year-old at "serious risk" of death.

  • April 04, 2024

    Trump Can't Duck Secret Doc Charges On Immunity Grounds

    The Florida federal judge overseeing the classified documents case against Donald Trump rejected his bid Thursday to dismiss the criminal indictment against him, saying the charges don't make any reference to the Presidential Records Act that the former president said grants him immunity.

  • April 04, 2024

    Feds Take $5.7M Worth Of Ore. Properties Used To Grow Pot

    Federal prosecutors in Oregon say they have finalized asset forfeiture proceedings against 14 properties, together worth $5.7 million, used to cultivate marijuana that was transported and sold in states where the drug remains illegal.

  • April 04, 2024

    Jeffrey Clark Violated Ethics Rules, Panel Says

    Former U.S. Department of Justice Attorney Jeffrey Clark violated professional conduct rules, a D.C. attorney ethics panel preliminarily found Thursday following a disciplinary hearing centered on Clark's alleged efforts to throw the Justice Department behind former President Donald Trump's election fraud narrative.

  • April 04, 2024

    CNN Sues DOJ For Biden's Special Counsel Interview Tapes

    CNN has hit the U.S. Department of Justice with an open-records suit seeking all audio and video recordings of President Joe Biden's five-hour interview with special counsel Robert Hur last October, saying in D.C. federal court Thursday that they "will help the public evaluate Hur's decision not to charge Biden and to close the investigation into classified documents found at Biden's former office and private residence."

  • April 04, 2024

    Chief In-House Counsel Indicted Over Fake Law Firm Invoices

    A former chief counsel and compliance officer was charged in Manhattan Wednesday with stealing more than $200,000 by submitting fake law firm invoices to his then-employer, human resources consulting firm Segal Co.

  • April 04, 2024

    Ex-IRS Agent Caused $42.5M In Tax Loss As Preparer, US Says

    A tax preparer who once worked for the Internal Revenue Service should be permanently barred from preparing federal returns because he caused an estimated $42.5 million in tax losses by scheming to underestimate his clients' liabilities, the government told a Washington federal court.

Expert Analysis

  • 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.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Following Banking Regulators' Breadcrumbs To 2024 Priorities

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    Through blog posts, speeches, and formal guidance and regulations, prudential and other federal and state financial regulators laid out a road map last year pointing to compliance priorities that should be reflected in financial institutions' planning this year, say Laurel Loomis Rimon and Gina Shabana at Jenner & Block.

  • New SDNY Whistleblower Program May Be A Game-Changer

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    A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.

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