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White Collar
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April 16, 2024
Autonomy CEO Pressured JPMorgan Over Analyst, Jury Told
An ex-JPMorgan stock analyst testifying Tuesday in the criminal fraud trial of former Autonomy CEO Michael Lynch told jurors that the software company founder responded with hostility when his research reports questioned its growth, and that Lynch offered JPMorgan millions in business if he were taken off the Autonomy beat.
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April 16, 2024
Cooperation Helped Cable Co. Avoid Prosecution, Feds Say
The U.S. Department of Justice's fraud section has indicated it won't prosecute Proterial Cable America for allegedly fraudulently misrepresenting the safety standards compliance of its motorcycle brake hose assemblies because of the company's timely self-disclosure, cooperation and remediation, among other things.
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April 16, 2024
Corp. Transparency Act A Valid Use Of Powers, 11th Circ. Told
The U.S. Department of Treasury told the Eleventh Circuit that a federal district court erred in finding the Corporate Transparency Act unconstitutional, saying the lower court misunderstood the law's scope and relation to efforts to curb financial crime.
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April 16, 2024
Nothing 'Sinister' About Attys, Broker's Tax Plan, NC Jury Told
Two St. Louis attorneys and a North Carolina insurance agent on Tuesday tried to poke holes in an undercover IRS agent's investigation of what the government has characterized as a criminal tax avoidance scheme, which defense counsel sought to paint for the jury as a legal interpretation of federal tax law.
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April 16, 2024
Mich. Justice Questions Abuse Law's Missing Language
A Michigan Supreme Court justice on Tuesday challenged an attorney for a victim of a 1990s sexual assault on why the state Legislature didn't explicitly include retroactive language for a 2018 change that allowed survivors of Larry Nassar's abuse scandal more time to bring civil suits, noting that the law was specific in other areas.
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April 16, 2024
Trump, Insurer Defend $175M Bond In NY AG Case
Donald Trump and the Delaware insurer that agreed to post the former president's $175 million bond in his civil business fraud case told a Manhattan judge that they have the money in cash, after New York Attorney General Letitia James questioned the sufficiency of the bond.
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April 16, 2024
Ex-Fla. Lawmaker Didn't Break Election Laws, 11th Circ. Told
A former U.S. congressman from Florida urged the Eleventh Circuit on Tuesday to reverse a $456,000 fine imposed by a lower court over the Federal Election Commission's allegations that he violated campaign finance laws, saying the agency didn't follow pre-suit notice procedures while insisting he didn't break the law.
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April 16, 2024
Arms-Maker Gets 70 Years For Torture Under Rarely Used Law
A Pennsylvania man who owned an Iraqi weapons factory has been sentenced to 70 years in prison after being found guilty of abducting and torturing an employee who threatened to expose an illegal weapons manufacturing scheme, making him the second person convicted under a little-used federal statute.
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April 16, 2024
Ex-NBA Guard Gets 18 Months In Healthcare Scheme
A former Detroit Pistons point guard was sentenced to 18 months in prison Tuesday after being convicted of one of two counts over an alleged scheme to defraud the NBA's healthcare plan, with a Manhattan federal judge saying his proceeds were "not chump change" and faulting his behavior on pretrial release.
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April 16, 2024
CIA Says Litigating Assange Spying Suit Would Reveal Secrets
The Central Intelligence Agency has asked a New York federal judge to toss a case accusing it of unlawfully spying on lawyers and journalists who met with WikiLeaks founder Julian Assange, saying it cannot address those allegations without revealing protected state secrets.
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April 16, 2024
Jackson, Barrett Seek Enron Law Compromise In Jan. 6 Case
The U.S. Supreme Court grappled Tuesday with whether an obstruction of Congress statute enacted in the wake of an accounting scandal can be read broadly enough to prosecute alleged U.S. Capitol rioters.
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April 16, 2024
Ex-Mich. Speaker, Wife Charged With Embezzlement
Former Michigan House Speaker Lee Chatfield was charged Tuesday with criminally misusing money from his nonprofit to pay for family trips and designer clothing while in office, as the state attorney general called on lawmakers to beef up Michigan's "worthless" campaign finance laws.
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April 16, 2024
NJ Financial Counselor Cops To Defrauding Army Families
A New Jersey financial counselor with the U.S. Army and a major in the U.S. Army Reserve pled guilty in federal court on Tuesday to defrauding Gold Star families and other related crimes, the U.S. Attorney's Office announced.
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April 16, 2024
Ga. Sheriff's Abuse Conviction Should Stand, 11th Circ. Hints
An Eleventh Circuit panel on Tuesday appeared wary of dismissing the criminal conviction of Victor Hill, a former Georgia sheriff who was convicted in 2022 of violating the civil rights of detainees by strapping them to a chair for hours at a time.
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April 16, 2024
Ousted Fla. Atty To Seek Reelection Amid DeSantis Fight
Suspended Florida state attorney Andrew Warren announced Tuesday he's running for reelection as the top prosecutor in Hillsborough County, while he pursues an ongoing federal lawsuit against Gov. Ron DeSantis over his suspension.
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April 16, 2024
Feds Want To Boot Gibbons Atty From Menendez Bribery Case
Prosecutors plan to call a Gibbons PC attorney as a witness during the bribery trial of U.S. Sen. Robert Menendez of New Jersey and want him disqualified from representing another defendant in the case, they told a New York federal judge Tuesday.
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April 16, 2024
Meet The Atty For An Ex-Union Leader Facing His 3rd Trial
The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different.
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April 16, 2024
Ga. Justices Nix Backdated Discipline For Atty In Forgery Case
The Georgia Supreme Court on Tuesday unanimously denied an attorney's request for a retroactive suspension for forging a court order for his client, ruling that it would be "inappropriate" if he resumed practicing law while in the process of a pretrial diversion program to have his felony forgery case dismissed.
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April 16, 2024
Retrial For Feds' Conduct Denied In $12M Tax Fraud Case
An Atlanta man convicted of running a $12 million tax refund fraud scheme isn't entitled to a new trial even though federal prosecutors withheld evidence that the man said minimized his role in the crime, a federal judge ruled.
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April 16, 2024
BigLaw Attys Among First 7 Jurors Picked In Trump's NY Trial
Two BigLaw attorneys on Tuesday were among seven people sworn in as jurors in Donald Trump's Manhattan hush money trial, which could proceed to opening statements as soon as Monday.
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April 16, 2024
Ex-North Korean Official Charged With Dodging US Sanctions
A former North Korean diplomat in Thailand is facing criminal charges in Washington, D.C., federal court alleging he conspired to surreptitiously ship goods into his home country in avoidance of U.S. sanctions.
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April 16, 2024
Focus On Prosecutor Will Set Ga. Trump Jury Questions Apart
The jury questionnaire currently before hundreds of Manhattan residents in Donald Trump's first criminal trial will serve as a partial blueprint for his upcoming election interference case in Georgia, experts told Law360, with at least one significant difference: a sharp focus on the Fulton County case's high-profile, controversial prosecutor.
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April 16, 2024
Investors Say Cannabis Group Took $9.1M In Fraud Scheme
Three investors are suing a California-based cannabis company and several affiliates, saying they were induced to invest more than $9.1 million in exchange for ownership shares of dispensaries, but have seen little to no return on their investment while their money was diverted.
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April 16, 2024
Moving Co. Execs Found Guilty In $7.7M Payroll Tax Scheme
The former president of a moving company and its head bookkeeper conspired to evade more than $7.7 million in federal payroll taxes, a New York federal jury has found.
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April 15, 2024
Ex-Autonomy Exec Testifies To Handshake Deals, Backdating
Autonomy's former U.S. head of sales testified for the prosecution Monday in the criminal fraud trial of founder Michael Lynch, saying he boosted sales figures via "quid pro quo" handshake deals with customers, created pretextual emails to cover his tracks and even backdated a deal to meet revenue targets.
Expert Analysis
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5 Takeaways From SAP's Foreign Bribery Resolutions
German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Perspectives
Context Is Everything In Justices' Sentencing Relief Decision
In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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What To Know About IRS' New Jet Use Audit Campaign
The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.
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In Bribery Case, High Court's Past Is Probably Prologue
The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Reducing Risk While DOJ Plans New Whistleblower Rewards
In light of the Department of Justice's newly announced plan to create a comprehensive whistleblower reward program to fill the gaps in the current patchwork of federal incentives, companies should mitigate their risk of external claims now by implementing internal systems where employees can confidently and anonymously report concerns, say Caleb Hayes-Deats and Walter Hawes at MoloLamken.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.