Criminal Law | JD Supra

Has the FCA started as it means to go on?

by Neil Gerrard, Miriam Gonzalez | Dechert LLP on 5/18/2013

Has the Financial Conduct Authority (“FCA”) in the UK started as it means to go on? The FCA recently fined a UK subsidiary of a private Swiss Bank for failing to establish and maintain effective anti-money laundering controls...more

New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of...

by Kyle Bahr, Efrem Grail, Shannon Poliziani | Reed Smith on 5/17/2013

For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any...more

Bitcoin Regulatory Update: Understanding the Federal Government’s Attack on Mt. Gox

by Fuerst Ittleman David & Joseph, PL on 5/17/2013

Bad news travels fast. On May 14, Magistrate Judge Susan Gauvey of the United States District Court for the District of Maryland signed a Seizure Warrant authorizing the Federal Government to seize “the contents of Dwolla...more

Does A Person Submitting False Medicare Bills Abuse The Trust Of The Doctor Making Money Off Of The False Bills?

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/17/2013

Hiring is always hard, especially in a small office. You have work that needs to be done. You can't do it all. Maybe you're a professional, like a doctor, and some of the work isn't the best use of your time....more

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on 5/17/2013

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

FinCEN: Accountant and Elder Abuse

by Jonathan Foxx on 5/17/2013

We have been keeping track of FinCEN's SAR Activity Review – Trends, Tips & Issues virtually from its inception. In its just issued May 2013 report, FinCEN provides new information regarding two areas of importance: 1)...more

Are Political Intelligence Practice Groups Too Risky? [Video]

by Bloomberg Law on 5/17/2013

May 17 (Bloomberg Law) -- Robert Walker, attorney at Wiley Rein LLP, talks with Bloomberg Law's Lee Pacchia about the legal and ethical implications of law firms selling political intelligence. Last month, the SEC issued...more

FINRA Focuses on Anti-Money Laundering Procedures and Red Flags

by Kiersten Fletcher, Daniel A. Nathan | Morrison & Foerster LLP on 5/17/2013

Last week, the Financial Industry Regulatory Authority (FINRA) publicized penalties against three companies – as well as four associated individuals – that it found had failed to establish and implement adequate procedures...more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

by Amy L. Pierce | Pillsbury Social Media, Entertainment &... on 5/17/2013

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...more

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

by Elsa Broeker, JiJi Park, Amy L. Pierce, Deborah Thoren-Peden | Pillsbury Winthrop Shaw Pittman LLP on 5/16/2013

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. If your...more

Update: Banking Difficulties May Lead Marijuana Dispensaries to Commit Bank Fraud

by Fuerst Ittleman David & Joseph, PL on 5/16/2013

As we have previously reported, despite the growing number of States that have sanctioned the use of marijuana in various forms, the federal government has continued its efforts to crack down on dispensaries....more

Fenwick Employment Brief - May 2013: Software Programmer Criminally Charged For Hacking Former Employer's Network

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/16/2013

The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more

Heard of the A List? This is Not It

by Yavitch & Palmer Co., L.P.A. on 5/16/2013

These days, it seems everything is about getting on a list. If you land on the A List, your social status is assured. If you show up on a Short List, you may be in line for a presidential appointment. Angies List can bring...more

The Second Circuit On Appointed Counsel And The Perils Of Hiring A Lawyer For A Federal Criminal Case

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/16/2013

Most people who are accused of a crime in federal court are unable to pay for a lawyer and have one appointed for them....more

DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue

by Demme Doufekias, Adam S. Hoffinger, Robert A. Salerno | Morrison & Foerster LLP on 5/16/2013

Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de...more

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

by Robert J. Anello | Morvillo Abramowitz Grand Iason & Anello P.C.... on 5/16/2013

The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more

Fla. Couple Wants Pot Plants Back from Sheriff

by Michele Bowman | Lawyers.com on 5/16/2013

A couple who has been active in the effort to have medicinal marijuana use protected in Florida had their crop seized by the sheriff; now the cops are refusing to give it back, so the couple is suing....more

DUI: Mandatory Fines and Penalties for Repeat Offenses

by Hoffman DiMuzio on 5/15/2013

On December 7, the town of Hackettstown began a formal Drive Sober or Get Pulled Over campaign, setting up checkpoints and patrols to curb drunk driving during the holiday season. While Hackettstown has made the news for its...more

IRS Scandal UPDATE: DOJ And FBI Launch Criminal Probe

by William McGinley | Patton Boggs LLP on 5/15/2013

The Washington Post is reporting that Attorney General Eric Holder disclosed during a press conference today that he has ordered the Department of Justice and Federal Bureau of Investigation to probe the IRS’s targeting of...more

"Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement"

by John T. Bentivoglio, Jennifer L. Bragg, Maya Florence, Michael K. Loucks, Gregory M. Luce | Skadden, Arps, Slate, Meagher & Flom LLP on 5/15/2013

Executive Summary - On May 13, 2013, generic drug manufacturer Ranbaxy USA Inc. (Ranbaxy), a subsidiary of Indian generic drug manufacturer Ranbaxy Laboratories Limited, pled guilty to seven felony charges as part of a...more

Tax Compliance Update: IRS Aggressively Pursues Foreign Banks; Offshore Voluntary Disclosure Program to Remain Open Indefinitely

by Fuerst Ittleman David & Joseph, PL on 5/15/2013

In our most recent discussion of the IRS’s Offshore Enforcement Initiatives, we discussed the John Doe Summons recently issued by the U.S. Department of Justice to Wells Fargo seeking information about First Caribbean...more

Scam Artists From Texas And Compliance Risk Management

by Thomas Fox on 5/15/2013

Billie Sol Estes died yesterday and when it comes to scam artists from the great state of Texas, before there was Allen Stanford and his magical Certificates of Deposits located in his private bank in Antigua, there was...more

CFTC To Investigate EFS Trades In Energy And Metal Markets

by Elan Mendel | Shipkevich PLLC on 5/15/2013

The Commodity Futures Trading Commision (CFTC) is investigating a large number of trades in energy and metal markets to determine whether traders illegally used over-the-counter swaps markets to trade futures....more

Little-Used State Laws in California Can Help Keep Weapons Off the Street - BB&K Attorney Laura Crane and Law Enforcement...

by Paul A. Cappitelli, Laura Crane | Best Best & Krieger LLP on 5/15/2013

Gun violence is rampant in the news. The Columbine High School massacre in Colorado that left 12 students and one teacher dead, set the scene for school shootings in 1999, and we have seen them continue through the Newtown,...more

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Criminal Law Updates

Has the FCA started as it means to go on?

New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of...

Bitcoin Regulatory Update: Understanding the Federal Government’s Attack on Mt. Gox

Does A Person Submitting False Medicare Bills Abuse The Trust Of The Doctor Making Money Off Of The False Bills?

Can the Government Search Your iPad or iPhone at the Border?

FinCEN: Accountant and Elder Abuse

Are Political Intelligence Practice Groups Too Risky? [Video]

FINRA Focuses on Anti-Money Laundering Procedures and Red Flags

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

Update: Banking Difficulties May Lead Marijuana Dispensaries to Commit Bank Fraud

Fenwick Employment Brief - May 2013: Software Programmer Criminally Charged For Hacking Former Employer's Network

Heard of the A List? This is Not It

The Second Circuit On Appointed Counsel And The Perils Of Hiring A Lawyer For A Federal Criminal Case

DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

Fla. Couple Wants Pot Plants Back from Sheriff

DUI: Mandatory Fines and Penalties for Repeat Offenses

IRS Scandal UPDATE: DOJ And FBI Launch Criminal Probe

"Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement"

Tax Compliance Update: IRS Aggressively Pursues Foreign Banks; Offshore Voluntary Disclosure Program to Remain Open Indefinitely

Scam Artists From Texas And Compliance Risk Management

CFTC To Investigate EFS Trades In Energy And Metal Markets

Little-Used State Laws in California Can Help Keep Weapons Off the Street - BB&K Attorney Laura Crane and Law Enforcement...

Are Political Intelligence Practice Groups Too Risky? [Video]

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