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Criminal Practice
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March 22, 2024
5 Things To Know As SEC Takes Terraform Fraud Case To Trial
The U.S. Securities and Exchange Commission's suit against collapsed cryptocurrency project Terraform and its creator Do Kwon takes center stage next week in U.S. District Judge Jed Rakoff's courtroom in Manhattan, and at its heart is a question of whether the business deceived investors in the lead-up to the collapse that helped set off the so-called crypto winter.
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March 13, 2024
Ga. Judge Tosses 6 Counts In Trump Indictment
A Georgia judge on Wednesday threw out six counts of the indictment charging former President Donald Trump and several of his co-defendants with solicitation of violation of oath by a public officer, saying the state didn't provide enough detail in the charges to allow the defendants to properly defend themselves.
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March 01, 2024
DC Circ. Strikes Down Sentencing Add-On For Jan. 6 Rioter
A former U.S. Air Force officer who participated in the storming of the Capitol on Jan. 6, 2021, has had his two-year prison sentence vacated, the D.C. Circuit ruled Friday, finding in a precedential ruling that rioters involved should not face an "administration of justice" enhancement because the process they disrupted was legislative, not judicial.
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February 27, 2024
Ousted Fla. Atty Eyeing Potential Run After 11th Circ. Ruling
Suspended state prosecutor Andrew Warren said Monday he may revisit his decision not to seek reelection in light of the Eleventh Circuit ruling reviving his lawsuit against Florida Gov. Ron DeSantis, asking the appeals court to speed up the appeal.
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January 26, 2024
DeSantis Seeks 11th Circ. Rethink In Ousted Prosecutor Fight
Florida Gov. Ron DeSantis wants an en banc panel of the Eleventh Circuit to rehear a recent decision to revive ousted state prosecutor Andrew Warren's bid for reinstatement, arguing the three-judge panel's ruling transformed "the First Amendment from a shield against government oppression into a sword against a governor's disciplinary decisions."
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January 24, 2024
10th Circ. Rules Counsel Duped Client Into Guilty Plea
In a precedential ruling, the Tenth Circuit has allowed a Black Oklahoma man to withdraw his guilty plea on felony possession of ammunition charges, determining that his court-appointed lawyer incorrectly told him he would not face an impartial jury of his peers, thus robbing him of his constitutional rights.
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January 12, 2024
Ex-CEO Can't Sue Attys For Feds' Jewel Seizure, 3rd Circ. Says
The former CEO of a Pennsylvania bottling company sentenced to 20 years in prison for a $660 million fraud scheme cannot pursue claims against his onetime legal counsel after federal prosecutors reneged on a deal to return precious gemstones, the Third Circuit has affirmed, refusing to revive the executive's contract suit.
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January 03, 2024
Feds Tell 2nd Circ. FIFA Case Untouched By Top Court Ruling
Brooklyn federal prosecutors have asked the Second Circuit to reinstate the jury convictions of a former 21st Century Fox television executive and an Argentine marketing company on bribery charges stemming from the FIFA corruption scandal, saying the district judge misread a landmark U.S. Supreme Court decision.
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November 30, 2023
Ex-Devos CEO Must Pay $103M Over Drug Refund Scheme
A Pennsylvania federal court ordered the former CEO of Devos Ltd. to pay $103 million after he was convicted over his role in a drug refund theft scheme.
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November 06, 2023
Law Profs Say Firearms Regs Can Clear Justices' Hurdle
The U.S. Supreme Court isn't required by its recently adopted historical analog test to upend a federal statute prohibiting persons subject to domestic violence restraining orders from possessing firearms if no similar law was on the books in the 1800s, two former clerks to conservative justices argue in a new paper, claiming the test's flexibility has been overlooked.
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October 19, 2023
SEC Drops Case Against Ripple Execs In Rare Dismissal
The U.S. Securities and Exchange Commission has dropped the remaining claims against Ripple Labs CEO Bradley Garlinghouse and Executive Chairman Christian Larsen in its enforcement case over the sale of the blockchain firm's XRP token, according to a Thursday notice.
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September 29, 2023
11th Circ. Scraps Conviction Of Former Stun Gun Co. Worker
A three-judge Eleventh Circuit panel has decided a federal court went too far when it sentenced the former employee of a Florida stun-gun maker to three weeks in prison for her involvement in selling weapons to police that had been at the heart of a $7.6 million intellectual property judgment won by the Taser brand.
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September 25, 2023
Feds To Appeal Toss Of FIFA Bribery Convictions
Brooklyn federal prosecutors plan to appeal a judge's order tossing the convictions of a former 21st Century Fox television executive and an Argentine sports marketing company in the FIFA corruption scandal, according to notices filed with the Second Circuit.
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September 02, 2023
Ex-Fox Exec, Media Co. Get FIFA Bribery Convictions Tossed
A Brooklyn federal judge on Friday vacated the convictions of a former 21st Century Fox television executive and an Argentine sports marketing company in the FIFA corruption probe, saying recent U.S. Supreme Court precedent places foreign commercial bribery outside the scope of federal fraud prosecutions.
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August 22, 2023
Del. 'Pill Mill' Doctor's 20-Year Prison Term Tossed By 3rd Circ.
A Delaware doctor convicted for writing thousands of prescriptions for controlled substances was incorrectly sentenced because the government did not prove all those prescriptions were illegal, the Third Circuit ruled Tuesday, vacating the doctor's 20-year prison term.
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August 21, 2023
6th Circ. Backs Ex-Cleveland Councilman's Fraud Sentence
A Cleveland city councilman and his executive assistant failed to convince a panel of the Sixth Circuit to undo their prison sentences for fraud and obstruction of justice, according to the appellate court's precedential opinion.
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August 07, 2023
Ex-Temple Biz Dean's Fraud Conviction Upheld By 3rd Circ.
The Third Circuit on Monday upheld ex-Temple University Fox School of Business Dean Moshe Porat's conviction on charges related to falsely inflating the school's stats to boost its ranking in U.S. News & World Report, rejecting his claim that his actions didn't affect the school's students.
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July 20, 2023
3rd Circ. Backs Axing Pharma Execs' Conspiracy Charge
The Third Circuit stood by a lower court's decision to throw out a conspiracy charge against KVK-Tech Inc. and two of its executives in a precedential ruling Thursday that found federal prosecutors had failed to properly allege that they conspired to violate the Federal Food, Drug and Cosmetic Act.
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July 10, 2023
Jones Walker Client Rips 'Erroneous' DQ In $1.2B Fraud Case
A defendant charged with participating in a $1.2 billion embezzlement scheme targeting Venezuela's state-owned oil company told a Florida federal court that a magistrate judge's decision to disqualify Jones Walker LLP from representing him was both "contrary to law" and "clearly erroneous."
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June 30, 2023
High Court To Look At Gun Rights In Domestic Violence Cases
The U.S. Supreme Court on Friday said it will rule on whether a federal law forbidding people subject to domestic violence restraining orders from possessing firearms violates the Constitution, one year after issuing a landmark decision that expanded gun rights.
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May 08, 2023
3rd Circ. Upholds Sentence For Intended $325M Tax Schemes
A Philadelphia man's seven-year prison sentence for helping run tax fraud schemes that involved more than $325 million in bogus claims over a decade was upheld Monday by the Third Circuit, which said it didn't matter that the schemes mostly flopped.
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April 24, 2023
3rd Circ. Orders New Penalty In Philly Bridge Project Fraud
The Third Circuit in a precedential ruling on Monday upheld fraud convictions against a contractor convicted of falsely inflating the role of a minority-owned supplier in two Philadelphia bridge projects to receive federal funds, but said the lower court's method for calculating government losses was incorrect and ordered resentencing.
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April 21, 2023
Seminal Kickback Rulings Mean 'You're Rarely In A Safe Zone'
Landmark litigation over quid pro quo payments in health care is forcing providers to walk a fine line between perfectly legal conduct and exposure to "huge monetary penalties" and prison time, a BigLaw veteran and onetime architect of government health fraud protocols told Law360.
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March 27, 2023
Feds Bash NY Atty's Acquittal Bid In Asylum Fraud Conviction
The U.S. government urged a New York federal judge to reject requests for acquittal by an immigration lawyer and a businessman convicted of a fraudulent asylum application scheme, saying a jury found them guilty on "abundant and overwhelming" evidence.
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March 14, 2023
Ousted Florida Prosecutor Urges 11th Circ. To Reinstate Him
Ousted Florida prosecutor Andrew Warren has told the Eleventh Circuit that a district court erred in stopping short of reinstating him after finding that both his state and federal rights were violated when Gov. Ron DeSantis suspended Warren last year.