Criminal Prosecution

News & Analysis as of

FedEx Money Laundering Charges Provide an Alternative Avenue for Prosecution if Drug Charges Fail

The Department of Justice's ("DOJ") commitment to expanding the scope of criminal enforcement of the money laundering statutes was shown in a recent indictment targeting FedEx Corporation. ...more

NYC puts a stop to deed fraud

Ever heard of deed fraud? It’s a form of fraud that has gone largely unnoticed in New York City in past years, but thanks to recent efforts to crack down on these crimes, two people have been arrested in the Big Apple...more

Bribery & Deterrence: A Tale of Two Sentences

In an August 11, 2014 article (www.thebirberyact.com) “Supersize me: Innospec 4 sentencing remarks do much more than they say on the tin,” Barry Vitou and Richard Kovalevsky (“The Authors”) do a great service by elevating...more

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material - Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more

Lying to Examiners Can Lead Quickly to Criminal Charges

Hell hath no fury like a regulator (allegedly) lied to. This week, the SEC brought civil charges, and the U.S. Attorney for the Southern District of New York brought criminal charges, against a broker-dealer and its founder...more

Ex-Citadel Employee Pleads Guilty To Wire Fraud And Theft Of Trade Secrets; Accomplice Left To Fight Trial Alone

Yihao “Ben” Pu is probably coming to grips with the phrases “crime doesn’t pay…” and “don’t do the crime unless you’re willing to do the time….” In federal court in Chicago, on Thursday, August 7, 2014, Pu, a former...more

Deterrence: You had me at "being caught."

At my sentencing hearing, Judge Richard Leon stated that he had no doubt that I had been ultimately deterred, and added "Have you made a turn in the road for the better? There is no question about that either. But I have to...more

Federal Prosecutors Bring Criminal Charges against Individual for Alleged HIPAA Violation

Federal prosecutors in the Eastern District of Texas recently brought criminal charges under the Health Insurance Portability and Accountability Act (“HIPAA”) against a former East Texas hospital employee. The former...more

INTERPOL Red Notices and Dual Criminality

The case of Carmelo Bruzzese provides an interesting example of why Red Notices do not always lead to arrest and extradition, even where the alleged crime is rather serious by most standards....more

Youngstown, Ohio, Contractor Sentenced to 28 Months in Prison for Wastewater Dumping Scheme

We previously reported on the federal criminal and State of Ohio enforcement actions arising from the release of tens of thousands of gallons of hydraulic fracturing waste into a Youngstown, Ohio, area tributary by Hard Rock...more

Fracking Contractor Sentenced to 28 Months in Prison for Clean Water Act Violation

A federal court in Ohio has handed down a 28-month prison sentence and imposed a $25,000 fine for dumping fracking waste in violation of the Clean Water Act....more

R. v. Sipos: Appellate review of a dangerous offender designation

In the case of R. v. Sipos, the accused was convicted of multiple sexual offences and physical assaults in 1996. In 1998, he was declared a dangerous offender under s. 753 of the Criminal Code and given an indeterminate...more

Washington Supremes reject causation in stolen gun criminal case – Effect on civil and personal injury law?

A man keeps multiple loaded guns unsecured throughout his house which he shares with a girlfriend, who has periodic visits from her nine year old son. For two days the man does not notice that one of the loaded guns is...more

FCPA Fugitives

The FCPA has broad extraterritorial reach. Everyone knows that and understands how foreign conduct can be prosecuted in the United States courts. FCPA violators, however, are learning about the long-arm of the law and...more

More Arrests for Alleged Insurance Fraud

Just weeks before the sentencing of three insurance producers for insurance fraud and STOLI-related conduct in the Southern District of New York (covered here), two insurance producers and several insureds were arrested in...more

Part V - Minimizing Risk Of Criminal Prosicution By Meeting Requirements For A Voluntary Discover In IRM 9.5.11.9

Below is Part 5 of my partner, Rick Josepher’s, analysis of the new offshore enforcement environment in light of the new 2014 Offshore Voluntary Disclosure Procedures....more

The Elephant in the Room: Ivory Ban Seeks to Curb Poaching

With the June passage of New York Senate bill S7890 and Assembly bill A10143, the Empire State’s elephant and mammoth ivory and rhino horn trade may be approaching extinction. The legislation, which will take effect...more

District Court Reaffirms Rule 10b5-1 Standard and Denies Motion to Dismiss Insider Trading Charges

The US District Court for the Northern District of Illinois denied a motion to dismiss a 16-count indictment for insider trading, finding the government adequately alleged each element of the offense....more

Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug...

Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio. As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would...more

Jury Convicts Investment Adviser on Multiple Counts of Fraud

James Tagliaferri, the former President of TAG Virgin Islands, a registered investment adviser, was found guilty by a jury of one count of investment adviser fraud, six counts of violating the Travel Act, one count of...more

North Carolina Legislative Report

The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the...more

Federal District Court in San Francisco Sentences More Defendants in Trade Secret Cases

The U.S. District Court in San Francisco was busy this month sentencing defendants in two of the year’s biggest trade secrets cases. First, on July 10, U.S. District Court Judge Jeffrey S. White sentenced Walter...more

The risk of self-incrimination in international cross-border disputes

The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd., [2004] O.J. No. 2120, is a good...more

Short Wins - the Shameless Promotion Edition

United States v. Flores-Mejia, Third Circuit: The court vacated Appellant's sentence after being convicted of reentry after deportation. The Third Circuit, however, used the opportunity to change its current law and now...more

Mortgage Company Resolves HAMP-Related Criminal Allegations

On July 3, the DOJ announced the resolution of a multi-agency criminal investigation into the way a large mortgage company administered the federal Home Affordable Modification Program (HAMP). According to a Restitution and...more

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