News & Analysis as of

Criminal Law Updates

Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends

by CloudNine on

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone....more

DOJ Antitrust Division Names New Criminal Deputy Assistant Attorney General

Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is...more

The Plaintiff Is a Reptile, so Turn Your Witness into a Mongoose

Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by...more

Episode 39 -- Tom Fox's New Book -- The Complete Compliance Handbook

by Michael Volkov on

Tom Fox is a thought leader for the ethics and compliance profession. He is a prolific writer who has produced a steady body of work -- podcasts, books, blogs, articles -- to advance the compliance function. He is...more

Obedient Companies Rewarded in New DOJ Policy Discouraging Duplicative Penalties

by Holland & Knight LLP on

• Deputy Attorney General Rod Rosenstein has announced a new U.S. Department of Justice (DOJ) policy to discourage government agencies from "piling on" duplicative corporate penalties. • Rosenstein signaled a desire for...more

SEC Enforcement Trends: Highlights from Securities Enforcement Forum West 2018

by Fenwick & West LLP on

The Securities Enforcement Forum West 2018 brought together current and former senior U.S. Securities and Exchange Commission and U.S. Department of Justice officials, securities enforcement and white-collar attorneys,...more

South Carolina Begins Licensing Money Transmission

South Carolina Anti-Money Laundering Act becomes effective May 25, 2018. Applications must be filed by June 29, 2018. Implementing regulations become effective May 25, 2018. ...more

INTERPOL and your Red Notice – should you try to remove it yourself?

by Estlund Law, P.A. on

A reader recently sent in this question... “Hi, I am looking to assist a friend who is on an interpol red alert. We wish to challenge the notice and have no idea how to gather the evidence allegedly supporting the notice....more

DOJ Announces Policy to Promote Fairness Where Multiple Authorities Investigate the Same Misconduct

by Foley & Lardner LLP on

On May 9, 2018, the U.S. Department of Justice (DOJ) announced a policy related to resolutions of criminal and civil corporate enforcement. The new “Policy on Coordination of Corporate Resolution Penalties” was issued by...more

Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision

Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more

Russian Parliament Introduces New Legislation in Retaliation for U.S. Sanctions

by Jones Day on

The Situation: The Duma, the Russian parliament's lower chamber, has introduced a Draft Law that, if enacted, imposes criminal liability for compliance with U.S. and other foreign sanctions against Russian parties. The...more

Ghosh is gone - now a one-stage test for dishonesty?

by Hogan Lovells on

A recent UK Supreme Court case has decided that the current test for dishonesty in criminal proceedings should no longer be used when directing juries on the law in criminal cases. The Ghosh test, which has represented...more

The SEC Has an Opportunity You Won’t Want to Miss - HoweyCoin; The USOA Files Another Crypto Offering Case

by Dorsey & Whitney LLP on

SEC Office of Investor Education - The first part of the headline above was written by the U.S. Securities and Exchange Commission’s Office of Investor Education (slightly modified). The second part of the headline shows...more

Proskauer and A&E Assist Los Angeles Area Vets

by Proskauer For Good on

My 16-year-old daughter, Helena, recently expressed an interest in helping veterans for a high school service project. I immediately took out my phone and emailed my partner Colleen Hart, a veteran of the U.S. Navy, who is...more

US Department of Justice Announces New Corporate Enforcement Penalty Policy

by Dechert LLP on

In a speech at the New York City Bar White Collar Crime Institute on May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new U.S. Department of Justice (DOJ) policy designed to encourage coordination among law...more

Bridging the Weeks - May 2018 #2

The chief executive officer of a major worldwide banking group agreed to pay the equivalent of US $870,000 as fines to two United Kingdom regulators, and had the equivalent of US $677,000 of prior pay clawed back by his...more

Belgium Gaming Commission Loot Box Report – Extends Beyond Game Companies to Licensors and Game Platforms

We previously reported, that the Belgian Gaming Commission has recommended criminal prosecution against certain game companies due to the allegedly illegal use of loot boxes. This report follows previous reports on findings...more

Give the Jurors What They Want: 10 Golden Rules

The jurors have made it through the trial, reached their verdict, received their thanks, and are headed to the exits. How do they feel about their experience? What do they think the lawyers did well, and what do they think...more

DOJ to Coordinate FCPA Enforcement With Foreign Law Enforcement Agencies

New policy seeks to reduce the burden of navigating anti-corruption investigations and enforcement actions by multiple authorities. The new DOJ policy seeks to increase coordination on FCPA and related anti-corruption...more

The Supreme Court - May 14, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued five decisions today: Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more

The CLOUD Act: Where It Sheds Light and Where Shadows Remain

by Holland & Hart LLP on

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more

Video Guidance, Agency Guidance and White-Collar Trials

The Lord noted that the poor will always be with us, but He may as well have been speaking of federal agency guidance documents that are sometimes used against members of the regulatory community. Here is a short video about...more

Supreme Court Decides Byrd v. United States

by Faegre Baker Daniels on

On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more

The Weekly Round-Up: Those Crossing Border to Be Charged with Federal Crimes and Home Care Industry to be Deeply Impacted by...

Justice Department to Charge Those Crossing U.S. Border with Federal Crimes - Attorney General Jeff Sessions announced that the federal government would immediately detain individuals crossing the U.S. border without...more

The Impact of Compliance - Another Reversal For a Jefferies Trader

by Dorsey & Whitney LLP on

The key role of compliance threads through the continuing saga of Jefferies & Co. trader Jesse Litvak as well as a series of similar cases. Mr. Litvak is one of a number of traders who were indicted by the U.S. Attorney’s...more

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