Federal Bureau of Investigation

News & Analysis as of

FBI Warning to Health Care Sector Holds True

In April of this year, the FBI issued a Private Industry Notification (PIN) to the health care industry warning of the “likely increase [in] cyber intrusions against health care systems.” In the same month, and into June of...more

White House Immigration Update

On August 5th, the White House released a comprehensive update on President Obama’s efforts relating to immigration these past few months, including traveling to Texas in July to meet with local officials, faith leaders, and...more

SEC Continues to Focus on Microcap Fraud

Microcap fraud is a continuing enforcement priority for the SEC. Last week, for example, the Commission brought an action centered on what would have been a pump and dump scheme but for the fact that the shell company was...more

Microcap Fraud: An FBI Controlled Shell Company

Five men came together to plan the manipulation of an over-the-counter traded shell. What they did not know was that the shell was controlled by the FBI. SEC v. Affa, Civil Action No. 1:14-cv-12959 (D. Mass. Filed July 11,...more

ANOTHER WIN FOR ALEYNIKOV: Judge Tosses Evidence in Ex-Programmer’s Latest Case

Sergey Aleynikov fought the law, and the law lost—again. Judge Ronald A. Zweibel of the New York Supreme Court has thrown out a raft of evidence originally gathered by the FBI for federal prosecution and later offered...more

US Marshals Service Announces Auction of Silk Road Bitcoins

The US Marshals Service (USMS) announced that it will hold an online auction on June 27 to sell bitcoins contained in wallet files seized from the servers of Silk Road, the “deep web” black market shut down by the Federal...more

Spear Phishing Scams Targeting Corporate Executives

The FBI has seen an increase in sophisticated “spear phishing” scams targeting executives across industry sectors. Spear phishing is when a criminal sends an e-mail that appears to be from a trusted source to a specific...more

Heads of SEC and FBI Address White-Collar Crime Enforcement Trends

Mary Jo White, chairwoman of the U.S. Securities and Exchange Commission (SEC), and James Comey, director of the Federal Bureau of Investigation (FBI), recently discussed enforcement trends and offered advice on how companies...more

Rogue CFO III – Background Checks

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

Criminal Defense Update: New DOJ Policy Promotes Recording Arrestee Interviews

The Department of Justice has released a new policy that establishes a “presumption” in favor of recording post-arrest interviews of individuals in the custody of the FBI, DEA, ATF, or U.S. Marshals Service. The policy,...more

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

This Week In Securities Litigation (Week ending April 17, 2014)

High speed trading continued to be a central focus in this shortened week with the markets closed on Friday. The New York Attorney General has reportedly issued subpoenas to three firms for information regarding their...more

Quarterly Whistleblower Award Update

The SEC recently announced that it has denied whistleblower claims in connection with three different matters and awarded an additional $150,000 to the inaugural recipient of an award under the SEC’s whistleblower...more

Allegations Of Collusion Among Financial Institutions—Where We’ve Been, Where We Are, What We’ve Learned

Over the last 15 years, financial institutions have paid billions of dollars to settle claims that they colluded with each other. Below, we discuss four separate matters, beginning with the Nasdaq spread cases in the late...more

Message from New York Court: Rely on CGL Policy Coverage for Data Breaches at Your Own Peril

A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s...more

FOIA Settlement Advances Story on Civil Rights-Era Informant Records

A unique settlement in a Washington, D.C., Freedom of Information Act lawsuit has provided a Memphis newspaper unprecedented access to the FBI's informant records from the civil rights era, including documentation of the U.S....more

U.S. v. LIEW: Opening Statements and FBI Testimony Kick Off Seven-Week Industrial Espionage Trial

A prosecutor opened the economic espionage trial of Walter Liew on Wednesday by waving at jurors a key that he alleged opened Liew’s safe deposit box containing industrial secrets stolen from DuPont. Assistant U.S....more

Insider Trading Fells SAC

First JPMorgan Chase agrees to accept fault for manipulating the market, then SAC Capital Advisors makes financial history the wrong way — by accepting a record $1 billion fine and agreeing to admit to insider trading...more

Insurance Coverage for Cyber Attacks

Thefts of trade secrets through cyber espionage and cyber harassment through distributed denial of service attacks have been business hazards for years. Cyber security insurance policies to guard against these threats have...more

Antitrust and Competition Newsletter - December 2013

Japan’s METI Submits Amicus Brief in the TFT-LCD Litigation Seeking to Limit the Extraterritorial Reach of U.S. Antitrust Laws - On Oct. 31, 2013, Japan’s Ministry of Economy, Trade and Industry submitted a brief in...more

Government Brings Important Case Against Illegal Marketplace “Silk Road;” Government Acknowledges Lawful Uses Of Bitcoin

The virtual currency industry is in the news once again following the October 1, 2013, Federal Bureau of Investigation’s shutdown of the “Silk Road” website. As part of the shutdown of the well-known underworld bazaar, the...more

Capital Thinking: Defense

Executive and Legislative Branch Activity - Navy Yard Tragedy - On September 16, Aaron Alexis, a lone shooter, opened fire at the U.S. Navy Yard in Washington, DC. His attack resulted in 13 deaths, including his...more

Retaliation for Whistleblowing to the FBI

With episodes of undercover FBI work, revelation of government bribery and retaliation by county officials, this whistleblowing story is one for Hollywood....more

Robert T. Koger -- Hotel Lawyer with the FBI affidavit that helped put Koger behind bars

The hotel world has been fascinated by the civil litigation and criminal actions swirling around the former President and owner of Molinaro Koger, Robert T. Koger....more

Miami Arrest of Bolivian Anti-Corruption Head Vindicates Former Aerosur Owner, Says Attorney Michael Diaz Jr.

Miami, Florida – The FBI arrest Saturday, Aug. 31, of Mario Fabrizio Ormachea, the colonel leading Bolivia’s Anti-Corruption Unit, for attempting to extort money from former Aerosur Airlines owner Humberto Roca, [United...more

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