Criminal Law Civil Procedure

Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

SEC-USAO Bring Insider Trading Case That is “Newman-Proof”

When anyone discusses insider trading these days Newman invariably becomes a key topic. Prosecutors decry the decision and its tipping standard. Little doubt why. It has been offered as a defense in innumerable cases. A...more

Malicious Prosecution Case to Continue Against Patrick Henry Community College Athletic Director

An affair between a college coach and a basketball player, a disputed confrontation between parents and a college administrator, accusations of assault and kidnapping, fifteen days in jail, claims of false arrest and...more

Raising the Stakes for AML Compliance Officers: Court Refuses to Rule Out Potential Liability for Role in Employer's BSA...

Why it matters - A federal court judge in Minnesota has rejected the motion of a former chief compliance officer to dismiss the U.S. government's claim that he is liable under the federal Bank Secrecy Act for his...more

Challenging Psychological Tests in Litigation – The Value and Limitations of The MCMI-III™

The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and...more

Criminal Conviction Leaves Defendant Defenseless in FCA Civil Action

Pity Dr. Christina Clardy. In 2011 she was convicted of health care fraud, sentenced to 135 months in prison, and ordered to pay $16 million in restitution. Then in 2014 the government added Christina as a defendant in its...more

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

LIBOR acquittals: Keep calm and carry on

Here’s some information that may shock certain sections of the media: Not everyone charged with a crime will be, or should be, found guilty. Even people with a case to answer on paper can still, quite properly, be acquitted....more

January 2016: Trial Practice Update

DOJ’s New Policies Target Executives of Corporate America. The United States Department of Justice has raised the stakes in corporate criminal investigations, and general counsel, corporate executives, and board members...more

Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes

There are several criminal statutes that implicate fiduciary activities in Texas that are not well-known: misappropriation of fiduciary property and financial exploitation of the elderly. Though these may be similar in some...more

Government Can Fail to Preserve Too, Court Awards Sanctions (New Jersey)

United States v. Vaughn, 2015 WL 6948577 (D. N.J. Nov. 10, 2015) - In this criminal case, a pro se defendant sought to dismiss the indictment and other sanctions for the government’s failure to preserve text messages...more

Supreme Court Update: Kansas V. Carr (14-449) And Order List

Wiggin and Dana just opened a shiny new office Washington, D.C., but it seems our arrival has been eclipsed by that of another force of nature in the nation's capital. Perhaps anxious to skip town before it's buried, the...more

Chris Correa Isn’t Billy Beane and This Isn’t Moneyball

The lights going on and off within the head of former St. Louis Cardinals scouting director Chris Correa were once probably flickering more actively than the lights inside of The Staples Center just before the Los Angeles...more

OSHA and DOJ to Join Forces on Safety Violations/Penalties to Increase

Employers that violate safety-related laws are likely to face more aggressive enforcement and steeper penalties in the future under new legislation allowing the Occupational Safety & Health Administration (“OSHA”) to increase...more

Supreme Court Agrees to Review Definition of “Official Act” in McDonnell Appeal

Late last week the United States Supreme Court agreed to take up former Virginia Governor Bob McDonnell’s appeal from his 2014 conviction in a widely followed public corruption prosecution. The outcome of this appeal could...more

The Supreme Court

The Supreme Court of the United States issued decisions in four cases today: Campbell-Ewald v. Gomez, No. 14-857: Respondent Jose Gomez received Navy recruitment text messages without his consent. He filed a nationwide...more

Texas AG Hits Deep in the Heart of DFS

On January 19, 2016, the Texas AG issued an opinion that paid Daily Fantasy Sports (DFS) are illegal under Texas law, but noted that “traditional” fantasy sports leagues are, as a general rule, legal under Texas law. In so...more

Texas Takes a Stance Against Patent Trolls

Since the U.S. Congress began implementing reforms to the patent system, states too have been considering measures to protect their residents and business from abusive patent litigation. While the federal government has...more

Lawsuit “Immunity” for the Gun Industry and What the PLCAA Really Says

Do gun manufacturers really have blanket immunity from lawsuits? No, not even close. The 2016 campaign season has brought a big dose of gun policy debate, and some candidates have claimed that gun manufacturers have...more

Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury

As a matter of course, federal prosecutors often pile on charges in order to strong-arm defendants into entering a favorable guilty plea quickly. Those who exercise their jury trial right and put the government to its proof...more

Mild, Medium or Spicy?—Unwrapping the Chipotle Investigation

Right before Thanksgiving 2015, the news was replete with discussion of outbreaks of E. coli and potential other viruses at Chipotle restaurants. Information concerning the possible danger in consuming food at the popular...more

False Claims Act: 2015 Year-in-Review

In 2015, the Justice Department (DOJ) continued to give high priority to False Claims Act (FCA) investigations, bringing in nearly $3.6 billion in settlements and judgments. More than 630 qui tam suits were filed. DOJ's...more

U.S. Department of Justice Suspends Asset Forfeiture Sharing Program

Christmas came early to state, local and tribal law enforcement agencies in the United States; and it came in the form of a lump of coal. On December 21, 2015, Kendall Day, Chief of the U.S. Justice Department’s Asset...more

False Marking Alert: Could International Product Sales, Shipments, Or Manufacturing Land You In Prison?

Do you manufacture, ship, or sell products abroad that contain the ® trademark registration symbol on the products, labels, or packaging? If so, did you know that you may face criminal liability, imprisonment, fines, seizure...more

Spoofing Is No Joke: Prosecutors Clamp Down on High-Frequency Traders

On November 3, 2015, an Illinois federal jury convicted Michael Coscia, a high-frequency commodities trader, of six counts of commodities fraud and six counts of spoofing—entering a buy or sell order with the intent to cancel...more

Prosecutors Pierce Attorney-Client Privilege in Procurement-Fraud Investigation; Court Orders “Compliance” Advice Of Counsel to Be...

Organizations routinely seek the advice of counsel in complying with the complex, evolving Federal regulatory scheme. But a recent Federal prosecution for government-contracting fraud illuminates the stark difference between...more

700 Results
|
View per page
Page: of 28

Follow Criminal Law Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×