News & Analysis as of

Libor Wire Fraud

Paul Hastings LLP

The Impact of United States v. Banks on Securities and Commodities Fraud Sentencing

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The U.S. Sentencing Guidelines (“Guidelines”) provide federal courts with a framework for sentencing criminal defendants based on the seriousness of the offense and the defendant’s criminal history. While the Guidelines are...more

Morrison & Foerster LLP

Material Misrepresentations in Wire Fraud Prosecutions – The Truth Matters

The Second Circuit’s recent decision in United States v. Connolly underscores the government’s burden of proving a materially false representation to sustain a wire fraud conviction. ...more

Goodwin

Delaware Chancery Court Dismisses Derivative Claim for Failure to Show Demand Futility

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Delaware Chancery Court Dismisses Derivative Claim for Failure to Show Demand Futility; Federal Illegality of Marijuana Industry Bars Relief for Numerous Investor Claims; LIBOR Convictions of Former Deutsche Bank Traders...more

The Volkov Law Group

DOJ Loses Another Libor-Rigging Case on Appeal

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The Justice Department trumpeted its criminal prosecutions against defendants charged with Libor-rigging.  It had a right to toot its own horn.  But many of these convictions have not withstood the scrutiny of appellate...more

Eversheds Sutherland (US) LLP

Stymied fraud prosecutions could force DOJ prosecutors to reevaluate their strategy

On January 27, 2022, the United States Court of Appeals for the Second Circuit issued a decision in United States v. Connolly, overturning the 2018 fraud convictions of two former traders at a large financial institution. A...more

A&O Shearman

Second Circuit Reverses Conviction Of Two Traders Accused Of LIBOR Rigging Scheme, Finding Insufficient Evidence Of False Or...

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On January 27, 2022, the United States Court of Appeals for the Second Circuit reversed the convictions of two former traders convicted of wire fraud and conspiracy to commit wire and bank fraud, part of the widely-publicized...more

WilmerHale

Investigations Alert: Connolly Ruling Creates Complications for Prosecutors, Companies Seeking to Cooperate

WilmerHale on

On May 2, 2019, a court in the Southern District of New York ruled in United States v. Connolly (16-CR-370) that statements made by an employee to outside counsel during an internal investigation were subject to certain...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Commerce Department data released yesterday showed strong across-the-board consumer spending in April, a nominally good sign but one that pushed bond yields higher and sent most equities lower for the day, snapping an 8-day...more

Patterson Belknap Webb & Tyler LLP

Court Declines to Revisit Reversal of LIBOR Convictions

The Second Circuit has denied the government’s request for rehearing en banc in United States v. Allen, et al. (16-cr-98). In July, a panel of the Court (Cabranes, Pooler, Lynch) vacated the convictions of Anthony Allen and...more

The Volkov Law Group

LIBOR Criminal Convictions Reversed – The Perils of Global Enforcement

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The growth of global enforcement systems raises important policy issues and risks for enforcement authorities. In an interesting case, US v. Allen and Conti, the Second Circuit Court of Appeals reversed criminal convictions...more

McDermott Will & Emery

Second Circuit Clarifies Fifth Amendment Law, with Implications for US Prosecution of International Cartels

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On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank Offered Rate (LIBOR). United States v. Allen,...more

Cadwalader, Wickersham & Taft LLP

US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings

Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a...more

Troutman Pepper

Fifth Amendment Prohibits Use of Compelled Foreign Testimony in U.S. Criminal Trials

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On July 19, the U.S. Court of Appeals for the Second Circuit vacated the conviction of two former London-based bankers, Anthony Allen and Anthony Conti, who were convicted in October 2015 on multiple counts of bank and wire...more

Patterson Belknap Webb & Tyler LLP

Convictions reversed in LIBOR case

On July 19, 2017, in United States v. Allen, et al. (16-cr-98) (Cabranes, Pooler, Lynch), the Second Circuit issued a decision reversing the convictions of defendants Anthony Allen and Anthony Conti for wire fraud and...more

Robins Kaplan LLP

Your daily dose of financial news The Brief – 6.7.16

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In a gift to Wall Street today, Fed Chair Janet Yellen signaled that May’s weak job numbers were low enough to prompt reconsideration of a June rate hike out of fears of pushing a fragile economy too far too fast....more

Robins Kaplan LLP

Your daily dose of financial news The Brief – 2.18.16

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What’s this? A rally hat trick for Wall Street? Asking for 4 might just be greedy at this point, but Mikey needs a new pair of shoes . . . – WSJ and Bloomberg... Even much-maligned bank stocks were feeling the love...more

The Volkov Law Group

Ticking Time Bomb: Private LIBOR Litigation

The Volkov Law Group on

One by one global banks are being ensnared in the LIBOR prosecution net. Late last year UBS, the Swiss banking giant, entered into a massive settlement in which it agreed to pay approximately $1.5 billion in fines and...more

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