How do the federal sentencing guidelines work in federal fraud cases?
White Collar Enforcement in 2013
For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any...more
Kevin J. Napper is a shareholder in Carlton Fields' Tampa, Fla., office. He has practiced in the areas of white collar criminal defense, governmental investigations, internal investigations, and complex civil trial law for...more
Over the past four years, the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have focused on insider trading involving private funds as one of their key targets in the fight against...more
Many white-collar cases start the same way - a person is an entrepreneur. He has a vision for a business he'd like to build. He wants to do great things and reform an industry....more
A recent decision from the Eleventh Circuit indicates that deterring future white collar crime is a substantial factor in shaping appellate court rulings relating to appropriate sentences for fraud, particularly when a...more
In This Issue:
- Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status
- Doing Time: A Requirement for White Collar Crime?
- Casting a Smaller Net:...more
Vagueness is a common problem in white-collar criminal cases. In many instances the line between legal and illegal conduct is blurry at best. This means that someone could face prosecution, a damaged reputation, loss of...more
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
I talked earlier about white collar crime in the United States and the types of crimes committed by those who financially exploit their position. In recent years, vigorous pursuit of white collar crimes has become common....more
In This Issue:
- New HIPAA “Megarule” Broadens Enforcement
- Government Declines to Seek Rehearing of Landmark Off-Label Speech Decision
- Seizure of Rothstein Ponzi Assets Highlights Tension Between...more
One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more
To state that the federal RICO statue has long since slipped the bounds of Congress’s original intent is hardly a novel observation. Although the U.S. Attorney’s Manual points out that "the purpose of the RICO statute is 'the...more
On January 8, the Supreme Court of the United States heard oral arguments in Gabelli v. S.E.C., 133 S. Ct. 97 (2012) on the question: By when must the government initiate an action to enforce a civil fine, penalty, or...more
One benefit of conducting business through a corporation, limited liability company or other limited liability entity is the “shield” from personal liability that these entities generally afford stockholders, directors and...more
Subjects of government investigations routinely face the question: To be or not to be forthcoming with information otherwise protected by the attorney-client privilege?...more
A few years ago the president of a well-known food brand was convicted and sentenced to serve nine months in federal prison for failing to stop his plant from engaging in a practice that he knew was a violation of...more
In This Issue:
- Death and Taxes? Recent Supreme Court Arguments in Gabelli v. SEC Concerning a General Statute of Limitations for Civil Fines May Also Affect How Long the IRS Has to Assess Penalties
2012 was a big year in the government's pursuit of white collar crime. 2013 – the five year anniversary of the financial crisis – brings new legislators, new regulators, and the possibility that a looming statute of...more
We can all agree on one thing – Lance Armstrong is a disgrace. I have never seen a more pathetic performance of contrition, riddled with lies, and confirmation of a true sociopath.
His public relations strategy was a...more
We are pleased to provide a collection of commentaries on the critical legal issues facing our clients in 2013.
There is hope that global economic and market conditions will continue to improve despite ongoing...more
The term white collar crime refers to illegal actions undertaken for financial gain. There is typically no violence involved, and in most cases, both the perpetrator and the victims are large corporations. A person or group...more
Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how the federal sentencing guidelines work in fraud cases.
White-collar cases have received...more
In this LEVICK Daily video interview, we discuss white collar regulation trends with Amy Conway-Hatcher, a partner in the law firm of Kaye Scholer LLP. While 2013 may not bring dramatic shifts in enforcement priorities, the...more
On November 29, the Financial Crimes Enforcement Network (FinCEN), a bureau of the US Department of the Treasury, and the Federal Reserve Board (Board) issued a notice of proposed rulemaking seeking comments on a proposal to...more
The definition of the offenses that amount to white collar crime has slightly changed since the term entered the lexicon in the 20th century. The early use of this term implied that white collar crimes were those perpetrated...more
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