Criminal Conspiracy

News & Analysis as of

The Supreme Court - May 2016

The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Supreme Court Decides Ocasio v. United States

A defendant may be convicted of conspiring to violate the Hobbs Act, 18 U. S. C. §1951, based on proof that the defendant reached an agreement with the owner of the property in question to obtain that property under color of...more

Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction

Prosecutors in the District of Connecticut have appealed a district court’s ruling that conspiracy and aiding and abetting charges cannot be used to extend the FCPA’s jurisdictional reach. The FCPA has three...more

Testing The 5th: Compelled Testimony From Foreign Regulators

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

Like Santa Claus, the IRS Keeps a List of Who Has Been Naughty or Nice: It Is the Time of Year When the IRS’s Naughty List Gets...

Every year, around the April 15 individual tax return filing deadline, a story appears in the press highlighting the tax woes of famous people. The Government undoubtedly issues these press releases to encourage taxpayers to...more

This Week In Securities Litigation

The Commission prevailed on a summary judgment motion this week in a case based on an offering fraud. It also filed another settled FCPA action centered on gifts, travel and entertainment provided to healthcare professionals...more

DOJ Announces Prison Sentences of Former Derivatives Traders for LIBOR Manipulation

On March 10, the DOJ announced that U.S. District Judge Jed S. Rakoff sentenced two former derivatives traders for a Netherlands-based bank to prison for their roles in a scheme to manipulate the London Interbank Offered...more

Chinese National Pleads Guilty To Conspiracy To Commit Cyber Theft Of Export-Controlled Technology

On March 23, 2016, U.S. law enforcement authorities announced that Su Bin, a citizen of the People's Republic of China and a resident of Canada, pleaded guilty to conspiracy to violate the Arms Export Control Act, the...more

Leader of International Pump-and-Dump Sentenced to 216 Months

The man who orchestrated a large international microcap market manipulation involving at least 34 persons was sentenced to serve 216 months in prison after pleading guilty. Harold Gallison, pleaded guilty to two counts of...more

Confirming That No Country Is “Off Limits,” DOJ Secures Guilty Pleas From 2 Cayman Islands Financial Institutions for Tax Evasion

In its first-ever conviction of a non-Swiss financial institution for tax evasion conspiracy, the Justice Department announced today that two Cayman Islands firms pleaded guilty in a U.S. court to conspiring to hide more than...more

Amarin and FDA Reach Settlement Agreement in Off-Label Speech/First Amendment Case

On March 8, 2016, Amarin Pharmaceuticals, Inc. (“Amarin”) and the Food and Drug Administration (“FDA” or the “Agency”) reached a settlement agreement in a closely followed case involving Amarin’s First Amendment rights to...more

"One-Two Punch: Amarin Settlement Order and Vascular Solutions Acquittal Further Erode Off-Label Promotion Enforcement Regime"

In an apparent first, the U.S. Food and Drug Administration (FDA) has conceded that a pharmaceutical company may engage in truthful and nonmisleading speech promoting the off-label use of a prescription drug. This concession...more

K&S Effort Leads to Acquittal in Conspiracy and Misbranding Case Against Medical Device Company

On February 29, 2016, Minneapolis-based medical device company Vascular Solutions, Inc. (“VSI”) and its CEO Howard Root were acquitted by a jury of conspiracy and misbranding charges in a closely-followed trial in San...more

Can I Print a Retraction: A Cautionary Tale of the Lingering Pitfalls of Memoranda and Email Correspondence

On December 3, 2015, a jury empaneled in the United States District Court for the Southern District of West Virginia convicted Donald L. Blankenship of conspiracy to violate federal safety standards, and although he will...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

DOJ Files Lawsuit to Prevent United Airlines from Extracting a Higher Premium at Newark Airport

United Airlines has come under increased antitrust scrutiny during the latter half of 2015. As we previously reported the U.S. Department of Justice (“DOJ”) is investigating an alleged passenger-capacity conspiracy between...more

Red Notice Newsletter - October 2015

Welcome to the October 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, a Japanese multinational conglomerate settles U.S. Securities and Exchange...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Former Vice President of Defense Contractor Jailed for Bribing Kuwaiti Officials

On October 9, James Rama, a former Vice President of Florida-based defense contractor IAP Worldwide Services, Inc., was sentenced in the U.S. District Court for the Eastern District of Virginia to 120 days in prison for...more

DOJ Disables Malware Designed for Bank-Theft; Unseals Indictment Against Botnet Administrator

On October 13, the DOJ unsealed an indictment against a Moldovan citizen for his alleged involvement in a criminal conspiracy to steal confidential financial information by distributing malware software through phishing...more

Former CEO of Siemens-Argentina Pleads Guilty to FCPA Offenses

On September 30, the former CFO of Siemens S.A.-Argentina pleaded guilty in a federal court in New York to conspiring to pay nearly $100 million dollars in bribes to Argentinian officials. The former executive, Andres...more

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

You’re the Man—Government Targets Individuals in FCPA Cases

The government has increasingly focused its FCPA enforcement firepower on individuals. On August 31, a Russian official living in Maryland pled guilty to conspiracy to commit money laundering in connection with arranging $2...more

Government Fraud and Corruption: Ex-Mayor and Engineer Convicted in Major Municipal Corruption Case in Quebec

On September 15, 2015, the Court of Québec rendered a judgment? in which it found a former mayor and a vice-president of an engineering firm guilty of several criminal offences relating to municipal corruption. These...more

Securities Litigation and Enforcement Newsletter

A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

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