News & Analysis as of

Should the Government’s Ability to Use Conspiracy Charges Be Limited?

Last week, the Justice Department’s Antitrust Division (the “Division”) filed a motion for rehearing after significant criminal convictions were overturned on statute of limitations grounds. A conspiracy is deemed to continue...more

Short Wins - Immigration Fraud And Bad Prosecutor Edition

I'm writing this from the Fourth Circuit Judicial Conference. Here's my brief recap....more

Recent Supreme Court Decision Clarifies Key Principles Concerning Withdrawal from Criminal Conspiracies

Smith v. United States Has Significant Implications for White Collar Prosecutions - In Smith v. United States, No. 11-8976 (Jan. 9, 2013), the Supreme Court resolved a circuit split at “the intersection of a withdrawal...more

Lesson from Smith: Withdrawal from a Criminal Antitrust Conspiracy Must Be Affirmative

In a narcotics case surprisingly relevant to the antitrust world, the United States Supreme Court recently addressed withdrawal from a criminal conspiracy. In Smith v. United States, a unanimous Court held that the burden...more

McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff's Attempt to Apply Antitrust-Conspiracy Principles to a Consumer...

On November 13, 2012, the U.S. District Court for the Eastern District of California, in McCarn v. HSBC USA, Inc., 2012 U.S. Dist. LEXIS 162257, issued an important decision rejecting as inadequate a plaintiff’s attempt to...more

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