News & Analysis as of

Criminal Prosecution

Second Circuit Affirms Sentence Based on Correct Application of Career Offender Guideline, Yet Majority of Panel Agrees the Result...

On Monday, September 11, the Second Circuit issued a published opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), a case with a complicated procedural history in which the Court affirmed a defendant’s...more

Circuit Amends Decision Affirming Sentence Two Panel Members Deemed “Absurd,” Remands for Resentencing

On October 5, 2017 the Circuit published an amended opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), which supplanted a decision issued on September 11 that we covered in an earlier blog post. The...more

Corporate Actors Held Individually Accountable in Recent False Claims Act Settlement

The Department of Justice (“DOJ”) has sent a clear message that individuals cannot hide behind the corporate shield in its recent settlement with Med-Fast Pharmacy, Inc. and the charges brought against its associated...more

Physicians in the Bulls-eye

by BakerHostetler on

Several recently reported cases highlight the growing risk physicians face if they succumb to competitive pressures, especially offers of remuneration from labs, pharmacies, home health agencies and other providers to whom...more

Turkey Arrests and Convicts UN Judge in Spite of Diplomatic Immunity

by Kelley Drye & Warren LLP on

Turkish authorities arrested UN Judge Aydin Sefa Akay, and on 14 June 2017 convicted him to seven years and six months of imprisonment in first instance. Judge Aydin Sefa Akay is a member of the Appeals Chamber of the United...more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...more

Criminal Enforcement: Federal Appellate Court Addresses Whether Resource Conservation and Recovery Act Violation was a...

The 9th Circuit United States Court of Appeals (“Court”) in a September 13th opinion considered whether “knowingly storing and disposing of hazardous waste without a Resource Conservation and Recovery Act (“RCRA”) permit” is...more

What’s the Government’s Winning Percentage in Criminal Appeals?

by Sedgwick LLP on

Yesterday, we reviewed the year-by-year data on the State’s appearances as appellant and respondent in criminal cases from 1994 to 2016. Today, we review the State’s winning percentage in each role....more

ArthroCare CEO Reconvicted for Fraud

by Michael Volkov on

The healthcare industry continues to be a frequent target for criminal prosecutions. More importantly, federal prosecutors are ready, willing and able to bring criminal cases against C-Suite actors involved in healthcare...more

Former Broker Sentenced in Pay-to-Play Scheme

by Dorsey & Whitney LLP on

The Commission and the Manhattan U.S. Attorney’s Office have brought a number of pay-to-play cases involving pension funds. In one involving the third largest public pension fund in the country uncovered by the SEC, Deborah...more

When Criminal Defense Cases and Personal Injury Claims Collide!

Woodland Hills personal injury attorney Barry P. Goldberg is fortunate to associate with top legal and financial professionals. The question often arises about what happens when there is BOTH a criminal and personal injury...more

Dorsey Anti-Corruption Digest - October 2017

by Dorsey & Whitney LLP on

Sweden-based Telia Company AB has agreed to pay $965 million to settle Foreign Corrupt Practices Act (FCPA) charges with the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). U.S. v. Telia Co., No....more

How Many Criminal Appeals Are the Result of Government Appeals?

by Sedgwick LLP on

Last week, we reviewed how often public entities appeared as appellant and respondent in civil cases, and how often the public entities prevailed. This week, we review the Court’s experience in criminal cases....more

Nosal Reply Brief Sets Stage For SCOTUS Cert Decision

The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more

What Is the State’s Winning Percentage in Criminal Appeals When It’s the Appellant?

by Sedgwick LLP on

Yesterday, we reviewed the data about how the Court’s criminal docket has been divided between cases in which the State was the appellant and defense appeals. Today, we look at the State’s year-by-year winning percentage in...more

Unique Issues in Sentencing for Money Laundering Convictions: The “Business of Laundering Funds” and “Sophisticated Laundering”...

by Ballard Spahr LLP on

Most individuals convicted of federal money laundering charges face prison time. These prison sentences are often increased by the judge’s determination that certain sentencing enhancements unique to this crime apply. ...more

How Often is the State the Appellant in Criminal Cases?

by Sedgwick LLP on

Last week, we reviewed the data on how often public entities were parties in civil cases at the Court. Of course, criminal cases are a different matter; the State is a party to every appeal. So this week, we address a...more

Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations

On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District...more

Second Circuit Court of Appeals Expands Insider Trading Liability

by Jones Day on

On August 23, 2017, the Second Circuit Court of Appeals affirmed the insider trading conviction of Matthew Martoma, a former portfolio manager for SAC Capital Advisors LLP ("SAC Capital"). In doing so, the court overturned...more

This Month in Corruption: Improper Billing, Double Dipping, Disability Faking

by PretiFlaherty on

A Dream Most Improper. On September 4, announcements came from the offices of the U.S. Attorney for Massachusetts and the Massachusetts Attorney General that Dental Dreams, a national dental chain with locations in...more

Second Circuit Demonstrates the Difficulties in Withdrawing a Guilty Plea and Challenging a Below-Guidelines Sentence

In United States v. Rivernider, 13-4865, the Court (Livingston, J., Lynch, J. and Rakoff, D.J., sitting by designation) affirmed the judgment entered by the United States District Court for the District of Connecticut...more

Above-Guidelines Sentences for Prostitution Ring Upheld, Including Where Portions of Rule 11 Transcript Missing

In United States v. Jiamez-Dolores, et al., 14-1840(L) (August 3, 2016) (Hall, Lynch, Chin), the Court in a per curiam order affirmed above-guidelines sentences given to two defendants who each pleaded guilty to one count of...more

Out of Compliance Taxpayers: Beware of new IRS-Programs!

by Foodman CPAs & Advisors on

The IRS-Criminal Investigation Unit (IRS-CI) is the Criminal Law Enforcement Arm of the IRS. Its conviction rate of over 90% is one of the highest in federal law enforcement. Those convicted pay taxes, penalties and...more

Fourth Circuit Splits with Ninth Circuit Regarding Restitution to Financial Institutions Following Mortgage Fraud

by Reed Smith on

Recent Fourth and Ninth Circuit Court opinions show that a financial institution’s classification as a loan originator or a loan purchaser can impact significantly the amount of restitution the entity can potentially recover...more

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Cybersecurity

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