FIRREA: The New Weapon of Choice for Federal Prosecutors
What Are the Drastic Ramifications of the New York State Anti-Money Laundering Actions and Penalty Enforcement?
For Jeff Skilling, 'Enron Was His Life,' Lawyer Says
PODCAST - Inside Law - White Collar Government Investigations in 2013
How do the federal sentencing guidelines work in federal fraud cases?
White Collar Enforcement in 2013
Strategic Insight for Reducing the Risk of Legal Liability -
If your company does business with the State or Federal government it has potential FCA exposure. While historical FCA enforcement actions were limited to...more
1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
The Office of the Attorney General of Colombia, “AGO” (Fiscalía General de la...more
The press, members of Congress, and judges have become increasingly vocal in condemning what they perceive to be inadequate criminal prosecution of executives responsible for corporate crimes. In response, U.S. Department of...more
A federal court of appeals recently held out the possibility that insider trading prohibitions — at least under the classic theory — do not apply to mutual fund redemptions.
The U.S. Court of Appeals for the Seventh...more
In Trezziova v. Kohn (In re Herald, Primeo & Thema Sec. Litig.), No. 12-156-cv, 2013 U.S. App. LEXIS 19132 (2d Cir. Sept. 16, 2013), the United States Court of Appeals for the Second Circuit affirmed the dismissal of state...more
Multiple outlets are reporting that on October 15, 2013, William Reed, a Nevada businessman, was sentenced to nine years in federal prison after pleading guilty to conspiracy to defraud the United States, tax evasion, and...more
The federal Bank Fraud statute – 18 U.S.C. § 1344 – was designed to criminalize complex “schemes to defraud” banks and other financial institutions. Today, § 1344 has become a hugely popular tool for the government in white...more
It is almost a government rite of passage – when a new leader takes the reins, the chessboard has to be reorganized to reflect the new leader’s “new priorities.” When it comes to the SEC, and the new Chairwoman Mary Jo...more
A recent case in Cuyahoga Heights, Ohio illustrates the damage and danger of fraudulent activities involving the mail and large sums of money.
In July 2013, former information technology director for Cuyahoga Heights...more
Hotel Lawyer with the latest on the arrest and jailing of Rob Koger, formerly of Molinaro Koger. There are some significant new developments in the saga of Robert T. ("Rob") Koger and the high profile civil and criminal cases...more
James Shepherd, a resident of Vass, has been charged with commodity pool fraud against investors. Shepherd could face up to 20 years in jail and a fine of up to $5 million for defrauding more than 100 investors through the...more
Companies facing the recent surge of regulatory change in the United States, particularly under the Dodd-Frank Wall Street Reform and Consumer Protection Act, now may have Canadian regulators to worry about as well. On June...more
Stanley Sporkin — former SEC Enforcement Director, CIA general counsel, and federal judge – likes to say that an SEC staff attorney ought to be just as happy closing an investigation as one is bringing a public enforcement...more
The US District Court for the Middle District of Florida recently ordered one participant in a sophisticated investment fraud and money laundering scheme to forfeit $137 million in assets including cash, real property,...more
In This Issue:
- Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets
- Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution
When it comes to allegations of foreign bribery, what a difference a week can make. Just over ten days ago, a new player in the world of international bribery – the Chinese Ministry of Public Security – announced that it was...more
July 23 (Bloomberg) -- Daniel Petrocelli, chair of the Business Trial and Litigation practice at O'Melveny & Myers LLP, talks with Bloomberg Law's Spencer Mazyck about his representation of former Enron Corp. Chief Executive...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
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
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
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