Criminal Law | JD Supra

Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

by Gordon Kaiser | JAMS, The Resolution Experts on 5/24/2013

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more

Twitter v. Manhattan DA Fight Unfortunately Ends with a Whimper

by Fernando Bohorquez, Jr. | BakerHostetler on 5/24/2013

Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end as the New York appeals court dismissed Twitter’s appeal of a...more

Health Care Fraud Conviction Stands Despite Vague Standards of Care

by Jennifer DeRose | Saul Ewing LLP on 5/24/2013

In Brief: - A failure to meet medical standards, by itself, would not sustain a health care fraud conviction. - The government, however, typically offers additional evidence sufficient to establish knowledge...more

CFPB Investigation Leads to First Criminal Referral to DOJ

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/24/2013

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the...more

A Legislative Solution to Prosecutors’ Tracking of Suspects Via Their Devices?

by Jeff Ifrah on 5/24/2013

The U.S. Supreme Court’s decision in the landmark 1966 case of Miranda v. Arizona underlined the importance of the Fifth and Sixth Amendments and drew a line that law enforcement must not cross – all in the interest of...more

White Collar Watch - May 2013

by Michael Barnes, Jennifer Beidel, Andrea P. Brockway, Jennifer DeRose, Christopher R. Hall, Sarah F. Lacey, George Magnatta, Nicholas J. Nastasi, Mark Simanowith | Saul Ewing LLP on 5/24/2013

In This Issue: - SEC Charges Municipal Bond Issuer with Securities Fraud for Misleading Statements on Issuer’s Website - State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale -...more

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

by Pillsbury Social Media, Entertainment &... on 5/24/2013

FinCEN recently issued interpretive guidance to clarify that it views certain activities involving convertible virtual currencies as money transmission services under the Bank Secrecy Act and FinCEN regulations....more

Go Directly to Jail - Directors & Unpaid Wages

by Joseph Masterson | Lerners LLP on 5/24/2013

The liability of officers and directors of corporations for unpaid wages to employees is not a new concept. The Employment Standards Act, 2000 (ESA) in Ontario also provides for fines that can certainly drive the intended...more

FAQ: The Virginia Criminal Injuries Compensation Fund

by The Law Offices of Michael A. Kernbach, P.C. on 5/24/2013

The trauma of crime has a significant impact on victims, their family members and the community at large. Many crime victims suffer from emotional, physical and financial harm....more

Novel Trademark Counterfeiting Count Nixed

by Sarah F. Lacey | Saul Ewing LLP on 5/24/2013

In Brief - Where goods bearing a genuine trademark are altered and resold without altering the mark itself, such conduct does not constitute trafficking in counterfeit goods. Actual use of a counterfeit mark is a...more

Password Sharing and the Computer Fraud and Abuse Act, Revisited

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/24/2013

I was reading Eric Ostroff's fine post discussing customer lists as trade secrets, in the context of a recent case involving Farmers Insurance Exchange and several of its former agents, Farmers Ins. Exch. v. Steele Ins....more

SFO & The Bribery Act: Sector Sweeps, Facilitation Payments & London Listed Companies

by Thomas Fox on 5/24/2013

News reaches us of a private small round table session put together by Transparency International and attended by some from the US FCPA white collar community (we understand Mark Mendelsohn attended) and our very own David...more

The Jodi Arias Trial: Justice Run Amok

by Michael Volkov on 5/24/2013

Forgive me, as a former federal prosecutor for 17 years, it is hard to watch the Jodi Arias trial, not because she is guilty and deserves the death penalty but because of the incredibly poor performance by Judge Sherry...more

Questionable Methods Used in Preparing Mentally Ill for Trial

by Aaron Kase | Lawyers.com on 5/23/2013

In times of strained budgets, states are trying creative ways to prepare people with mental illness to stand trial. ...more

The Top 5 FCPA Fallacies

by NAVEX Global on 5/23/2013

In 2010, the number of federal prosecutions for violation of the Foreign Corrupt Practices Act (FCPA) more than quadrupled. The Department of Justice (DOJ) set a new record for fines and penalties – collecting nearly $1B. The...more

The Effect of Drugs on Crime

by Law Offices of Karl E. Knudsen on 5/23/2013

Larry Reid Jr. and Elizabeth Sue Donaldson are the latest statistics in an ever-burgeoning category of criminals in the United States and especially here in North Carolina. The two Cherokee County residents robbed a Parker’s...more

Keeping Internal Investigations Independent and Conflict-Free

by David Smyth | Brooks Pierce on 5/23/2013

Internal investigations can arise in a number of different ways and can concern a number of different subjects. Allegations of financial misconduct, employment-related missteps, and breaches of fiduciary duty, among others,...more

Home Confinement Can Be an Alternative to Prison

by Janet Raasch | Lawyers.com on 5/23/2013

Today’s jails and prisons are overcrowded and expensive. To cope, court systems increasingly offer home confinement, or house arrest, as an alternative to traditional incarceration. Home confinement became much more common...more

U.S. Supreme Court: “The Social Sharing of A Small Amount of Marijuana” By Immigrants Lawfully In The U.S. Does Not Require Their...

by Florian Dauny | Fowler White Boggs P.A. on 5/22/2013

U.S. Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. The...more

DUI Penalties for Commercial Drivers

by Hoffman DiMuzio on 5/22/2013

The consequences of driving under the influence of alcohol or drugs (DUI) in New Jersey are quite severe for every convicted offender. Commercial drivers such as bus and truck drivers face additional penalties including...more