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Criminal Prosecution Federal Rules of Criminal Procedure

ArentFox Schiff

DOJ Loses No-Poach Action Following Motion for Acquittal

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The companies allegedly engaged in a multi-year agreement to suppress competition by agreeing to restrict the hiring and recruiting of engineers and other employees. The indictment claimed the purpose of the conspiracy was to...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

J.S. Held on

The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Oberheiden P.C.

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

Oberheiden P.C. on

Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more

Barnea Jaffa Lande & Co.

Taking Testimony in Israel for Criminal Trials in the United States

Recently, United States federal courts have been more frequently approving the extra-territorial collection of testimony for use in criminal trials to be held in the United States. While the collection of such testimony for...more

Foley Hoag LLP

Foreign Executive’s FCPA Convictions Overturned

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District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary - Background - On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds Constitutional Challenge to Prosecution Was Untimely

In United States v. O’Brien, the Second Circuit (Kearse, Livingston, Carney) affirmed the conviction of Michael O’Brien for importing and possessing with intent to distribute methylone and anabolic steroids. ...more

Patterson Belknap Webb & Tyler LLP

Drawing The Line Between “Permissible Inference” And “Impermissible Speculation” In Assessing Sufficiency Of The Evidence

In United States v. Pauling, the Second Circuit (Katzmann, Kearse, and Chin) affirmed the District Court’s post-trial order granting Pauling’s motion under Federal Rule of Criminal Procedure 29 to set aside his conviction for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Focus on China: What Companies Should Do to Be Prepared

On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses High Burden of Proof When Co-conspirator Requests Severance of Case

Bass, Berry & Sims attorney Chris Lazarini discussed the case in which a defendant in an alleged fraud scheme moved to sever his case from those of his alleged co-conspirators. The court denied the motion since the defendant...more

Patterson Belknap Webb & Tyler LLP

Courts Reinstates Embezzlement Charges Dismissed as Untimely, Holding that Dismissal was Based on a Premature Assessment of the...

In United States v. Sampson, decided August 6, 2018, the Court (Cabranes, Livingston, Carney, C.J.J.) reversed the district court’s dismissal of embezzlement charges levied against former New York State Senator John Sampson. ...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds Government Can Establish Venue By Directing Cooperator to Place Calls to Co-Conspirators From That District

In United States v. Tank Yuk, et al., 15-131 (March 15, 2018), the Second Circuit (Chin (dissenting), Carney, Forrest, sitting by designation) affirmed the convictions of three defendants in a drug trafficking conspiracy who...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Jury Function in Criminal Proceeding

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a defendant – convicted in a criminal proceeding of knowingly and willfully making false statements to investors, regulators, an outside accountant and...more

Ballard Spahr LLP

Unique Issues in Sentencing for Money Laundering Convictions: The “Business of Laundering Funds” and “Sophisticated Laundering”...

Ballard Spahr LLP on

Most individuals convicted of federal money laundering charges face prison time. These prison sentences are often increased by the judge’s determination that certain sentencing enhancements unique to this crime apply. ...more

Patterson Belknap Webb & Tyler LLP

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

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