News & Analysis as of

Criminal Liability Wire Fraud

Warner Norcross + Judd

Supreme Court Resolves Circuit Split and Holds that Wire Fraud Requires Deprivation of Traditional Property Interest

Warner Norcross + Judd on

In Ciminelli v. United States, the United States Supreme Court resolved a decades-long circuit split and clarified that to be guilty of federal wire fraud, prosecutors must prove that the defendant’s scheme to defraud...more

Dechert LLP

Supreme Smack Down: High Court Unanimously Circumscribes DOJ’s Honest Services Fraud Theories

Dechert LLP on

The Supreme Court yet again unanimously overturned bribery convictions based on prosecutorial overreach via the honest services wire fraud statute. The steady stream of reversals fundamentally challenges the DOJ’s approach in...more

WilmerHale

Criminal Vs. Civil Liability Amid Growing Crypto Enforcement

WilmerHale on

The emergence of digital assets has brought new risks and challenges, including the potential exploitation of the technology to facilitate financial crime. The U.S. Department of Justice has committed to work with its law...more

Freeman Law

RICO: A Primer

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The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was enacted in 1970. Although RICO provides for both civil remedies and criminal penalties, the number of civil RICO claims far outstrips the number of criminal...more

Fish & Richardson

Criminal Theft of Trade Secrets

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Trade secrets are one of the four major types of intellectual property and have many unique features, a number of which we have covered in other blogs. Unlike patents, which can only be enforced by private parties in civil...more

Butler Snow LLP

Federal judge provides reminder that fraudulent mass tort litigation can carry criminal, as well as civil, consequences

Butler Snow LLP on

Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more

White and Williams LLP

Second Circuit: Insider Trading Conviction Does Not Require a Finding of Personal Benefit

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On December 30, 2019, the Second Circuit issued its landmark decision in United States v. Blaszczak, which widened the berth for federal prosecution of insider trading activities under Title 18 of the United States Code. The...more

Bracewell LLP

Closing the Side Door – The Imperative of the College Admission Scandal

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On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the...more

Orrick - Trade Secrets Group

Proving “Loss” Under the Economic Espionage Act – Not Always Straightforward

The Obama Administration’s focus on criminal trade secret prosecutions under the Economic Espionage Act (EEA) highlights the legal complexities at the murky intersection between criminal and civil jurisprudence in trade...more

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