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Criminal Law Updates

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

Weekly Update – They Love Gold Edition

..Lance Armstrong settled a False Claims Act case for $5 million. His cycling team was sponsored at one point by the U.S. Postal Service. Apparently doping violates the terms of federal government sponsorship agreements. Who...more

Second Circuit Remands Ineffective Assistance Claim for Lawyer’s Failure to Apprise Naturalized U.S. Citizen of Denaturalization...

In Rodriguez v. United States, the Second Circuit remanded the case to the district court to hear evidence on a defendant’s application to vacate her guilty plea, on the grounds that she would not have entered into the plea...more

The U.S. Supreme Court Dismisses U.S. V. Microsoft Following Passage Of The CLOUD Act

by Jackson Lewis P.C. on

On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of...more

Missing Texts, Unfair Trial: Second Circuit Remands Case for Possible Brady Violations and Sentencing Irregularities

In United States v. Djibo, the Second Circuit vacated and remanded a judgment of conviction entered in the Eastern District of New York (Johnson, J.) following the defendant’s trial on charges arising from an international...more

Don’t Adapt to ‘Learning Style’

It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective...more

Dual Sovereignty for $1200, Alex

I was thinking about double jeopardy yesterday. Not the Trebek kind, though that is my favorite tv show. Instead, I was thinking about the somewhat enigmatic statement in the Fifth Amendment to the U.S. Constitution that no...more

CLOUD Act Negates Need for Supreme Court Decision

by Harris Beach PLLC on

In a February 27 MuniBlog posting we described a case pending before the United States Supreme Court on whether the provider of email services, Microsoft, must provide electronic communications stored outside the United...more

Enforcing IP Rights In China: A Road Map For US Companies

by WilmerHale on

The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News

by CloudNine on

The Supreme Court heard arguments on February 27th over Microsoft’s ongoing data privacy case involving email stored in Microsoft datacenter in Ireland. Supposedly, according to reports from those attending, the justices...more

The Supreme Court - April 17, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

11th Circuit Holds Crime-Fraud Exception Applies to Attorney Misconduct

by Robins Kaplan LLP on

After the motions panel granted permission to bring an interlocutory appeal, the Eleventh Circuit held that the crime-fraud exception could overcome a claim of work product when attorneys, as opposed to their clients, were...more

Two Recent FCA Cases Reflect Courts’ Continued Skepticism of Statistical Sampling To Prove FCA Liability

by King & Spalding on

Courts are continuing to grapple with whether relators can use statistical sampling to prove liability in False Claims Act (FCA) cases. As demonstrated by two recent cases, courts remain skeptical that relators can meet...more

Microsoft Email Case Dismissed by Supreme Court

Yesterday, the long-running dispute between Microsoft Corp. and the U.S. government regarding data stored abroad was resolved by the United States Supreme Court. ...more

Supreme Court Decides Sessions v. Dimaya

by Faegre Baker Daniels on

On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness. The Immigration and...more

USAOs Bring Two More Cryptocurrency Related Fraud Actions

by Dorsey & Whitney LLP on

All things cryptocurrency related continue to be significant draws for investors. Unfortunately that attraction often leads to a loss of investor cash. The losses, however, are not typically from the cryptocurrency but from...more

Southern District Deals Blow to FCPA-Based Securities Class Actions

by Dechert LLP on

When a public company resolves a Foreign Corrupt Practices Act (FCPA) investigation by either the U.S. Department of Justice (DOJ) or Securities and Exchange Commission (SEC), private litigation by investors under the...more

Congress Enacts Law Creating a Sex Trafficking Exception From the Immunity Provided by Section 230 of the Communications Decency...

by WilmerHale on

On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” FOSTA aims to address congressional concerns that certain online service...more

Japan's plea bargaining system

by Hogan Lovells on

A new plea bargaining system – offering reduced penalties to companies that report certain violations and cooperate with government investigations – will come into effect in Japan this June, reflecting an amendment to the...more

Michigan Dairy Farmer Sentenced to Two Years in Prison for Hiring Illegal Immigrants

by Varnum LLP on

On January 4, 2018, dairy farmer Denis Burke was sentenced to two years in prison by U.S. District Judge Thomas L. Ludington. Burke will have another two years of supervised release following time served. A fine of $1.38...more

Weekly Roundup - April 2018 #2

..The ex-CEO of Alaska-based telecom company Quintillion Networks was accused of forging contracts to secure $250 million in investment....more

Sanctions Round Up: First Quarter 2018

by Shearman & Sterling LLP on

This quarter saw the announcement of sweeping new sanctions against Russia’s billionaire class and their corporate holdings, and included the Trump Administration’s first issuance of sanctions against Russia for meddling in...more

Forecasting the Impact of the New US CLOUD Act

by Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

Fraud and Forgery: From Vintage Violins to Today’s Real Estate Transaction

Fraud has a long history. In a recent blog in the Orchestrating Real Estate Series, New Things to Consider in Section 1031 after the Tax Cut and Jobs Act of 2017, I discussed how famous violin maker Jean-Phillipe...more

INTERPOL’s Red Notices and requests for removal based on political motivation

by Estlund Law, P.A. on

A attorney/reader recently sent in this question on the topic of publicly available information on Red Notices, in relation to an individual wanted by authorities in a particular country...more

Federal Jury Awards Iowa Businessman $4 Million

by Davis Brown Law Firm on

On Thursday, April 12, Davis Brown attorneys, Stanley J. Thompson and Jason R. Lawrence scored a major victory on behalf of their client, retired Akron businessman, John Lucken. The jury found Heritage Bank of Spicer,...more

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