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Federal Economic Espionage Act Overview
White Collar Enforcement in 2013
FDIC RESTRICTS BANK’S CARD BUSINESSES PENDING BSA COMPLIANCE ENHANCEMENTS -
On June 5, the FDIC and a Delaware bank entered a consent order that prohibits the bank from entering into any new relationships with...more
The Mutual Legal Assistance in Criminal Matters Treaty (“MLAT”) is one way in which incriminating evidence in Canada can be shared with prosecutors in the United States ("U.S.").
It's a relatively slow week in the federal circuits.
My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in...more
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
The ongoing debate whether certain executives are “too big to jail” misses the most important trend in corporate governance – namely, that criminal conduct is rising in the C-Suite. Viewed from a broad perspective, since...more
Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more
Loveland, Ohio man Keith Blankenship was recently arrested after an elderly couple entrusted him with a blank check. Lila Mae Thomas and her husband wanted to purchase cheesecake, chicken and other assorted meats from...more
Criminal jurisdiction – trial and appellate – depends on several factors that vary with respect to particular cases. The result of this is that sometimes appeals of convictions that were imposed at the same trial can lead to...more
Last month, in Prousalis v. Moore (May 7, 2014), a criminal securities fraud case, the Fourth Circuit held that the Supreme Court’s interpretation of Rule 10b-5(b) in Janus Capital Group, Inc. v. First Derivative Traders...more
While financial institutions have long faced the possibility of civil monetary penalties and criminal prosecution for violations of the Bank Secrecy Act (“BSA”) and its implementing regulations, found at 31 C.F.R. Chapter X,...more
The US Court of Appeals for the Eleventh Circuit recently upheld convictions for defendants who engaged in an illegal pump-and-dump stock manipulation scheme. Defendants, who participated with seven others in a conspiracy to...more
It's a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United...more
Jumping the Gun: Public Statements by U.S. Attorneys That Inappropriately Opine on the Guilt of Charged but Untried Defendants. When United States Attorney’s Offices file criminal charges in significant cases, U.S. Attorneys...more
On May 13, 2014, a former employee of Nissan in Japan was arrested by the Economic Affairs Division of the Kanagawa Prefectural Police on suspicion of trade secret theft. The arrest was made under the trade secret provisions...more
Schuylkill Products case highlights how a whistleblower can put an employer on track to face both criminal and civil proceedings under the False Claims Act....more
Welcome to the May 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP.
This month, on the anticorruption front, Avon Products, Inc. (“Avon”) agrees to pay USD $135 million to settle a...more
In This Issue:
- Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual company owner in qui tam action
- Alleged illegal recruiting for...more
In a criminal prosecution of four former fraternity members, a state judge ruled yesterday that the Illinois Hazing Act’s broad definition of “hazing” is sufficiently clear to withstand a constitutional challenge. ...more
Ed. Note-recently it was announced that Canada had made its first Canadian anti-corruption law, the Corruptions of Public Officials Act. I ask John Boscariol, a partner at McCarthy Tétrault LLP if he could explain the...more
We rely on the federal government for a lot of things, but helping a corporation recover attorney’s fees is not something that immediately comes to mind. ...more
In a jury verdict this wake in the Southern District of Florida, the IRS has a sharpened Sword of Damacles to hang over the head of FBAR reporting violators. In U.S. v. Zwerner, a jury found that Carl Zwerner WILLFULLY failed...more
The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and...more
The Facts Leading Up to Ryan’s Conviction -
Michael Ryan was convicted of the brutal torture and murder of James Thimm in 1985. Ryan, a cult survivalist leader at the time, was also convicted of killing a...more
Nazim Karigar was sentenced to three years imprisonment today by the Ontario Superior Court for his part in a conspiracy to bribe an Indian government Minister and other officials of a state-owned airline...more
A few days ago, U.S. District Court Judge Frederick P. Stamp Jr. sentenced Ohio man Michael T. McGee, 43, to 262 months in prison. After a three-day jury trial, the Steubenville defendant was found guilty...more
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