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White Collar

  • December 14, 2018

    Walmart Compliance Chief Jay Jorgensen To Step Down

    Walmart Inc. told its employees Friday that former Sidley Austin LLP partner Jay Jorgensen, leader of the retailer’s global ethics and compliance program, is leaving the megachain to pursue other opportunities, according to an internal memo provided to Law360.

  • December 14, 2018

    2nd Circ. Affirms Gerova Fraudster's 78-Month Sentence

    The Second Circuit affirmed Friday the damage calculations in a lower court ruling that sentenced a man to 78 months in prison for participating in a multimillion-dollar pump-and-dump scheme using the stock of a now-bankrupt NYSE-traded investment firm, Gerova Financial Group Ltd.

  • December 14, 2018

    Tribal Hunting Right Outlasted Wyo. Statehood, Justices Told

    A Crow tribe member pressed the U.S. Supreme Court on Thursday to throw out his state court conviction for elk hunting in Wyoming's Bighorn National Forest, arguing that Wyoming’s statehood didn’t erase the tribe’s treaty right to hunt and that a circuit court ruling to that effect has been torpedoed by the high court.

  • December 14, 2018

    Feds Fight To Keep Insys Grand Jury Instructions Secret

    Massachusetts federal prosecutors on Thursday fought a bid by Insys Therapeutics Inc. executives embroiled in an alleged conspiracy to bribe doctors into prescribing fentanyl-based drugs to disclose grand jury instructions, arguing the government did not wrongly explain the conspiracy charges.

  • December 14, 2018

    Ex-Apollo Exec Can't Gag His Former Atty In SEC Probe

    A New York federal judge on Thursday overruled objections to the U.S. Securities and Exchange Commission's questioning of a former attorney for an ex-Apollo Management LP executive who stands accused of defrauding fund clients, saying there’s been no showing of common interest privilege. 

  • December 14, 2018

    $4.9M State Street Settlement Gets Initial OK From Judge

    A Massachusetts federal judge Friday granted preliminary approval of a $4.9 million settlement in a proposed class action filed by shareholders against State Street Corp., in which they claimed the bank overcharged clients and blew up revenue and profits in its financial statements.

  • December 14, 2018

    JFK Ground Handling Co. Settles Kickback Claims for $12.3M

    A ground services company at John F. Kennedy International Airport agreed Thursday to pay $12.3 million to settle claims it paid kickbacks for contracts with British Airways and others at Kennedy and airports across the country, according to the New York State Attorney General’s Office.

  • December 14, 2018

    Employee Of Mont. Tribe Program Pleads Guilty To Theft

    An employee of a Blackfeet Tribe early childhood health and education program overseen by the U.S. Department of Health and Human Services pled guilty to stealing money through a scheme where she and others falsely claimed thousands of overtime hours they did not work, the U.S. Department of Justice said Friday.

  • December 14, 2018

    ‘Intemperate’ Trial Conduct Lands Fla. Judge In Ethics Trouble

    A Broward County judge was charged with ethics violations Friday by Florida’s judicial ethics watchdog for admitted "intemperate" displays toward defense attorneys in a felony criminal trial that included inappropriately asking a courtroom deputy to physically remove one attorney during a sidebar conference.

  • December 14, 2018

    11th Circ. Affirms Scientists' $10.5M Fraud Convictions

    Two scientists have had their convictions for fraudulently obtaining government research grants upheld by the Eleventh Circuit, with the panel affirming the couple's respective prison sentences and the order that they must pay $10.5 million in restitution for the grants they secured through the scheme.

  • December 14, 2018

    Ex-NJ Fire Chief Convicted In $10M Ponzi Scheme

    A New Jersey investment manager and former fire chief was convicted at trial for operating a Ponzi scheme that bilked hundreds of clients, including friends, family and associates, out of more than $10 million, federal prosecutors said Friday.

  • December 14, 2018

    Sens. Refer Ex-USOC Chief To DOJ Over 'False Statements'

    Senate subcommittee leaders on Friday referred former U.S. Olympic Committee CEO Scott Blackmun to the U.S. Department of Justice and the FBI for an investigation into whether he made “materially false statements” about following up on allegations against former Olympic gymnastics team doctor and convicted abuser Larry Nassar.

  • December 14, 2018

    MVP: Greenberg Traurig's Marc Mukasey

    Marc Mukasey of Greenberg Traurig LLP outmaneuvered the U.S. Department of Justice in two high-profile cases this year, including a jury acquittal in a speedy trial in which his client was facing up to 25 years in prison for commodities fraud, a feat that has landed him among Law360's 2018 White Collar MVPs.

  • December 13, 2018

    Ex-Sacramento Kings Exec. Admits To $13.4M Fraud Scheme

    A former chief revenue officer for the Sacramento Kings has agreed to plead guilty to taking $13.4 million from the team's sponsors for his own use by altering their sponsorship agreements without the team's knowledge.

  • December 13, 2018

    Hospice Co. Accused Of Medicare Fraud Must Pay Feds $6M

    A hospice company accused of wrongly billing Medicare for unnecessary care will pay almost $6 million to clear up two cases against it, Pennsylvania federal prosecutors announced Thursday.

  • December 13, 2018

    Ky. Court Adopts 'Exoneration Rule' For Legal Malpractice

    The Kentucky Supreme Court has ruled that people convicted of crimes cannot file a claim for malpractice unless they have been exonerated or received some other type of post-conviction relief, saying that such a rule is common in other jurisdictions.

  • December 13, 2018

    Former OU Football Player Gets 5 Years For $900K Fraud

    A former University of Oklahoma football player has been sentenced to five years in prison for defrauding victims out of $875,000 by convincing them to “invest” in sham apparel and nutrition companies and then pocketing the funds, prosecutors announced Thursday.

  • December 13, 2018

    Ky. High Court Restores $80M Punitive Damages Against Firm

    The Kentucky Supreme Court reinstated $80 million in punitive damages Friday against Grant Thornton LLP, concluding the accounting firm intentionally misled a client to believe a tax shelter it promoted was legal and hid information that it was not.

  • December 13, 2018

    NJ Health Care Co. Execs Indicted In $300M Investment Fraud

    Four former executives of the bankrupt Constellation Healthcare Technologies Inc. have been indicted for bilking investors out of $300 million in connection with a merger designed to take their publicly traded company private, New Jersey federal prosecutors said Thursday.

  • December 13, 2018

    Levi & Korsinsky To Lead Glencore Investor's FCPA Suit

    A New Jersey federal judge on Wednesday appointed Levi & Korsinsky LLP as lead counsel in a proposed class action against Glencore PLC over investor losses allegedly tied to announcements that the United Kingdom and the United States are investigating the Swiss company’s overseas dealings.

Expert Analysis

  • How To Work With Regulators During Internal Investigations

    David Chaiken

    The recent courtroom battle over the admissibility of statements made by former Deutsche Bank traders shines a spotlight on a potentially recurring problem — excessive government entanglement in an internal investigation. Counsel conducting such investigations should take certain steps to minimize the risk, say attorneys with Troutman Sanders LLP.

  • Professional Athletes Should Beware Financial Fraud

    Kevin Muhlendorf

    Recent financial fraud cases brought by the U.S. Securities and Exchange Commission and federal prosecutors around the country can hopefully serve as a warning to professional athletes and encourage caution when working with financial advisers, say Kevin Muhlendorf and Colin Cloherty of Wiley Rein LLP.

  • Merely A Setback For CFTC Market Manipulation Cases

    Daniel Chirlin

    The U.S. Commodity Futures Trading Commission last month suffered a stunning blow to its expansive interpretation of market manipulation in its case against DRW Investments. But this does not quite spell the end for such cases, says Daniel Chirlin of Walden Macht & Haran LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • Lessons In Keeping Accountant-Client Emails Privileged

    Mark Leeds

    In U.S. v. Adams, the taxpayer successfully asserted that attorney-client privilege extended to emails with his accountant, but failed to protect underlying documents due to muddy practices. Attorneys at Mayer Brown LLP distill the court’s decision and provide unclouded strategies for keeping communications with accountants away from government scrutiny.

  • Health Care Providers Should Note Recent Fraud Conviction

    Bart Daniel

    A federal judge in South Carolina recently sentenced a former speech therapist to 111 months in federal prison on convictions of criminal health care fraud. Practitioners should be aware of the implications as the sentence is an unrequested and unexpected upward departure, say Bart Daniel and Elle Klein of Nelson Mullins Riley & Scarborough LLP.

  • How Life Sciences Cos. Can Prepare For Legal And PR Crises

    Mark Goodman

    Life sciences companies are susceptible to a wide range of crises that could expose them to legal liability and destroy their reputations. Sometimes, however, the greatest risks will come not from the facts that led to a crisis, but from the company's response, say attorneys at Debevoise & Plimpton LLP.

  • Few Taxpayers Should Use New Offshore Disclosure Protocol

    Patrick McCormick

    Last month, the IRS updated its voluntary disclosure practices. For taxpayers without criminal exposure, the updated protocol can provide the optimal route for an offshore disclosure, but more palatable options likely exist for the significant majority of noncompliant taxpayers, says Patrick McCormick of Drucker & Scaccetti.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Whistleblowers May Spur More Gov't Contract Antitrust Cases

    David Caputo

    The U.S. Department of Justice's $236 million settlement last month with three South Korean companies was the largest ever for anti-competitive conduct against the U.S. government. A whistleblower’s role as the catalyst for that bid-rigging investigation may be a sign of things to come, say David Caputo and Zachary Arbitman of Youman & Caputo LLC.