David Deitch

David Deitch

Jeff Ifrah

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Another SDNY Judge Finds the U.S. Sentencing Guidelines Wanting

In a sentencing hearing yesterday in the Southern District of New York, yet another judge reached the conclusion that the quasi-mathematical formulaic approach of the United States Sentencing Guidelines fails to account...more

5/1/2014 - Criminal Prosecution Federal Sentencing Guidelines Sentencing

Are High Frequency Traders Playing Fast and Loose With the Rules?

When high frequency trading (HFT) first crept into the public consciousness, it related to primarily to the question of whether rapid, computer driven trading posed risks to the safety and stability of the trading markets. ...more

4/18/2014 - CFTC Fraud High Frequency Trading SEC

Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?

For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the...more

3/27/2014 - Enforcement Actions FTC Herballife Investigations

$76 Million Distributed in Full Tilt Poker Restitution

We have previously reported on the arrangements being made by the Garden City Group for remittance of money to the former customers of Full Tilt Poker. Since that time, there has been a lengthy process for the submission of...more

3/3/2014 - Gambling Poker Restitution

Omnicare Decision Limits the Reach of False Claims Act

A recent decision by the Court of Appeals for the Fourth Circuit limiting the reach of the False Claims Act demonstrates how relators who pursue cases in which the government declines to intervene can end up making law that...more

3/3/2014 - False Claims Act Omnicare

Bitcoin Does Not Need a Ban, It Needs Enlightened Regulation

If an outright ban of Bitcoin is not the correct approach, what is? More to the point, what does Bitcoin (and virtual currency in general) need to for legitimacy?...more

2/27/2014 - Bitcoins Legal Perspectives Virtual Currency

Recent Ruling May Put Dent In Ability of Government to Seize Domain Names

A November 2013 ruling from the United States District Court in a bankruptcy case may create an obstacle for a tactic increasingly popular among federal prosecutors – the seizure of a defendant company’s domain name....more

2/11/2014 - Commercial Bankruptcy Domain Names Internet Websites

Healthcare Fraud Recoveries at All-Time High Since 2009

Fiscal year 2013 marked the fourth consecutive year in which the Department of Justice has recovered at least $2 billion from cases involving charges of healthcare fraud. Make no mistake: these record-setting yields were no...more

1/28/2014 - DOJ Enforcement Actions False Claims Act FDA Healthcare Healthcare Fraud

Charges Against Former Virginia Governor McDonnell Brought on by Whistleblower

The media coverage of this week’s announcement that federal prosecutors have charged former Virginia Governor Robert F. McDonnell and his wife, Maureen, with illegally accepting gifts from a wealthy Richmond area businessman...more

1/24/2014 - Bribery Political Candidates Political Corruption Political Scandals Public Officials Whistleblowers

Bitcoin Goes Mainstream

As followers of trends in e-commerce, our firm takes a keen interest in new e-payment methods. Last year, we predicted the Bitcoin would emerge as an innovative mode of currency for online transactions. When Bitcoin – an...more

1/20/2014 - Bitcoins FinCEN Virtual Currency

Supreme Court Grants Cert to Resolve Circuit Conflict on Intent Required to Prove Federal Bank Fraud

On December 13, 2013, the United States Supreme Court granted a certiorari petition in a case that squarely poses the question of what the government must prove with respect to intent in order to convict a defendant of...more

12/17/2013 - Bank Fraud Banks Fraud SCOTUS

Report From FTC Briefing – Blurred Lines: Advertising or Content?

The FTC held a workshop on Wednesday to examine the blurring lines of advertisements and content in digital media today. Executives from a myriad of professions gathered to discuss how sponsored content in digital...more

12/6/2013 - Advertising Digital Media FTC Native Advertising

District Court Holds Anti-Retaliation Provision of Dodd-Frank Act Does Not Apply in Case Virtually Lacking Any U.S. Connections

A recent decision in the United States District Court for the Southern District of New York has reinforced the United States Supreme Court’s jurisprudence on the extraterritorial application of federal statutes....more

11/5/2013 - Anti-Retaliation Provisions Dodd-Frank Extraterritoriality Rules Whistleblower Protection Policies Whistleblowers

’60 Minutes’ Show Gets Facts All Wrong in Report on Credit Reporting Agencies

The credit reporting industry – dominated by Experian, Equifax and Transunion – maintains a precarious balance of obligations: On the one hand, these companies bear a responsibility to banks and other businesses at large to...more

8/28/2013 - CBS CFPB Credit Reporting Agencies Credit Reports Equifax Experian FCRA FTC TransUnion

FTC ‘Checks’ In With $3.5 Million Consent Order Under Fair Credit Reporting Act

This week the Federal Trade Commission entered into a consent decree with Certegy Check Services, one of the nation’s check authorization service companies, pursuant to which Certegy has agreed to pay $3.5 million to settle...more

8/16/2013 - Consent Order Credit Reports Enforcement FCRA FTC

Federal Judge Rejects NYPD’s ‘Stop and Frisk’ Policies

In a decision issued today that could potentially change the way police operate in the Big Apple, U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) ruled that, for years, New York City police officers have been...more

8/12/2013 - Fourth Amendment NYPD Police Probable Cause Stop and Frisk Warrantless Searches

Full Tilt Poker Repayment of Players Expected to Begin ‘Shortly,’ and on Favorable Terms

More than two years after “Black Friday” – the day on which federal prosecutors shut down the U.S. operations of Full Tilt Poker and other major online poker providers and seized billions of dollars in assets – it appears...more

8/2/2013 - Enforcement Actions Gambling Gaming Commissions Online Gaming Online Poker

D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision

A recent D.C. Circuit Court of Appeals decision narrows the ability of the government to revisit uncharged crimes against a person whose plea has been vacated due to a change in the law....more

7/30/2013 - Federal Sentencing Guidelines Pleas Sentencing Vacated Wire Fraud

Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements

A recent decision by U.S. District Judge John Gleeson in the Eastern District of New York may be the harbinger of new limits on the government’s ability to use a prosecutorial tool of which it has become very fond lately –...more

7/22/2013 - Court Appearances Criminal Prosecution Deferred Prosecution Agreements Judicial Review

BP Employee Gains Dismissal on ‘False Statement’ Charge

When is a committee not a committee? When it is a subcommittee. More than just a punchline, this is one of the key facts that led a U.S. district judge recently to dismiss charges against an employee of British...more

7/9/2013 - BP Dismissals Investigations Legislative Committees Statutory Interpretation

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