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Criminal Law Updates

Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Operação Lava Jato – Considerações sobre Asilo Político para Brasileiros nos Estados Unidos

by Gerald Nowotny on

Panorama - Quando eu me formei na Academia Militar dos Estados Unidos em 1982, minhas aspirações acadêmicas e profissionais estavam vinculadas a meus estudos de idiomas em West Point – espanhol e português. Quando fui...more

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to...more

SEC, USAO Charge Tech Company Founder With Insider Trading

by Dorsey & Whitney LLP on

Most of the discussion about insider trading these days is dominated by debates about whether there is a personal benefit, a gift, the application of the Supreme Court’s opinion in Salman last term or the split opinion in...more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1994-2017 (Part 1)

by Sedgwick LLP on

Last week, we looked at how often the Justices voted with the majority in death penalty appeals, regardless of whether the decision was to affirm, reverse in part while affirming the sentence, reverse in part and vacate the...more

CAS Legal Mailbag Question of the Week – September, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from...more

Fraudulent “Social Security Maximization” Scheme Ends With Guilty Plea

by Dorsey & Whitney LLP on

P.T. Barnum should have said “there is a new scheme born every minute.” Yesterday a Wall Street office and Sinatra songs were used to lure would-be investors to a commodity fraudster who took investor funds for his own and...more

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1990-2010 (Part 2)

by Sedgwick LLP on

Yesterday, we reviewed the individual Justices’ voting records in death penalty cases for the years 1990 through 1999. Today, we’re looking at the Justices’ voting records for the years 2000 through abolition in 2010....more

China’s ‘One Belt, One Road’ Initiative Creates Opportunities and Regulatory Challenges

In a time of shifting opinions on the benefits of globalization, China’s “One Belt, One Road” initiative (OBOR) offers an unexpected bright spot for multinational companies able and willing to participate in this...more

2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review

by BakerHostetler on

Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cross-border investigations...more

New Extra-Territorial UK Corporate Criminal Offence of Failing to Prevent Tax Evasion

by Goodwin on

A new corporate criminal offence of failing to prevent the facilitation of tax evasion takes effect on 30 September 2017. Corporates in both the UK and abroad will incur strict liability if their employees or other associated...more

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

A Video Plus a Sinatra Song Attracted Investors for Fraudster

by Dorsey & Whitney LLP on

A Wall Street office; a youtube.com video; Frank Sinatra singing New York New York. These were the keys to building an apparently successful commodity trading business that attracted clients – at least for a while. ...more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1990-2010 (Part 1)

by Sedgwick LLP on

Last week, we discussed the data on how often the Justices of the Court voted with the majority in the Illinois Supreme Court’s death penalty cases between 1990 and 2010 (after which the death penalty was abolished). This...more

Circuit Denies Protection to Hallway Conversation Between Co-Defendants, Highlighting Limits of JDAs

A Joint-Defense Agreement (JDA) can be an extremely valuable tool in coordinating defenses against pending or impending prosecution, as it formalizes the creation of a zone of privilege in which co-defendants and their...more

Worried About Fake News? You Should Really Worry About Fake Drugs

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some...more

Diwali: An Opportune Time for an Anti-Corruption Compliance Reminder

by Foley & Lardner LLP on

This year, India celebrates Diwali on October 19, 2017. “The Festival of Lights,” as Diwali (or Deepavli) is commonly called, is celebrated across India with great aplomb, joy and, of course, delicious sweets. Diwali...more

A Year Into the Elder Justice Task Force: Is Your Community a Target?

by Baker Ober Health Law on

On March 30, 2016, the Department of Justice issued a press release announcing its launch of ten Elder Justice Task Forces in the Northern District of California, Northern District of Georgia, District of Kansas, Western...more

Working in the Car Wash - Reflections on the Political Asylum Aspirations of Brazilians in the United States

by Gerald Nowotny on

When I graduated from the United States Military Academy in 1982, my future academic and career aspirations were tied to my language studies at West Point – Spanish and Portuguese. When I was an Army Officer at West Point, my...more

DOJ Signals Changes to Corporate-Crime Prosecution

by Morgan Lewis on

Deputy Attorney General said he anticipates policy changes “in the near future” and suggested emphasis on individual accountability. The US Department of Justice (DOJ) may soon announce changes to its policies for...more

Measuring Influence in Death Penalty Cases – Which Justices Were Most Often in the Majority (Part 2)?

by Sedgwick LLP on

Yesterday, we began our review of the individual Justices’ voting records in death penalty cases, discussing the data on the percentage of the time each Justice voted with the majority in death penalty appeals for the years...more

Measuring Influence in Death Penalty Cases – Which Justices Were Most Often in the Majority (Part 1)?

by Sedgwick LLP on

Earlier this week, we reviewed the data on the percentage of the time each Justice of the Illinois Supreme Court voted with the majority in death penalty cases. Today and tomorrow, we’ll be reviewing the same measure for the...more

Second Circuit Remands for Resentencing to Consider Role Reduction under Amendment 794

On September 11, 2017, the Second Circuit (Parker, Carney, Stanceu) reversed by summary order the sentence of the defendant in United States v. Soborski (16-cr-3369). The panel remanded the case to the U.S. District Court...more

Second Circuit Affirms Sentence Based on Correct Application of Career Offender Guideline, Yet Majority of Panel Agrees the Result...

On Monday, September 11, the Second Circuit issued a published opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), a case with a complicated procedural history in which the Court affirmed a defendant’s...more

The Evolution and Challenges of Global Anti-Corruption Efforts

With the current layer-upon-layer of international regulations, guidance, and standards, where do multi-national companies start in order to remain compliant, especially where anti-bribery challenges differ among markets and...more

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