News & Analysis as of

Criminal Prosecution

SEC Disgorgement: A Path For Reform?

by Dorsey & Whitney LLP on

One of the guiding principles of the current SEC Enforcement program is to “Impose Sanctions That Most Effectively Further Enforcement Goals.” SEC Division of Enforcement Annual Report 2017. ...more

Legal Trends and Challenges in Asia

by Epiq on

For many legal practitioners, Asia remains a legal challenge, “whether it’s the different data sources, the lack of familiarity with case law or an understanding of the legal landscape in different countries, from Hong Kong...more

Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. Earlier this month, the...more

Court Orders Jacobson Remand to Determine Reasonableness of $10 Million Fine

In United States v. Zukerman, No. 17-948 (2d Cir. Feb. 6, 2018) (ALK, RAK, RSP) (summary order), the appellant, Morris Zukerman, challenged the substantive and procedural reasonableness of his sentence, which was imposed...more

Obstruction of Justice: It's not the Crime, it's the Cover-up

by Ward and Smith, P.A. on

The familiar saying that "it's not the crime, it's the cover-up" is well-worn for a reason. Obstructive behavior or false statements can land defendants in hot water regardless of the substance of the government's underlying...more

Thirty-Six Individuals Charged In Global Cybercrime Ring “Infraud”

by King & Spalding on

The United States Department of Justice (“DOJ”) recently indicted thirty-six individuals leading a global cybercrime ring for allegedly trafficking in stolen personal and financial information....more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Each SEC Commissioner joined a statement saying “Thank you Jacob” and fair well to perhaps the longest tenured staff member at the agency, Jacob Stillman. Jake joined the staff in 1962 and served in various capacities for 55...more

Violation of supervised release sentences must be reasonable

On February 9, 2018, the Second Circuit issued a summary order vacating a sentence imposed for a violation of supervised release. United States v. Kalaba, 17-328, involved a defendant who had been convicted for credit card...more

DOJ Employs Money Laundering Statute to Prosecute Venezuelan Oilmen for Foreign Bribery

by Ballard Spahr LLP on

As forecasted in a blog post last summer, the United States Department of Justice (“DOJ”) has again used the money laundering statute to accomplish the otherwise elusive goal of prosecuting foreign officials who allegedly...more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Lengthy summary order affirms an order of restitution

In a 12-page summary order issued on February 9, 2018, the Second Circuit affirmed an order of restitution in United States v. Quatrella, 17-1786. The order is interesting primarily because it addresses the question of when...more

Acquitted conduct still can be used at sentencing

In a short summary order issued on February 9, 2018, in the case of United States v. Muir, 17-150, the Second Circuit affirmed a sentence and reminded everyone that nothing about Apprendi, Booker and their progeny changes the...more

Big Pharma firm, under fire in drug abuse epidemic, scales back opioid’s hype

Purdue Pharma, which built a multi-billion-dollar family empire, in part, by overcoming doctors’ resistance to prescribing powerful painkillers like its own powerhouse OxyContin, has decided to curb its quarter-century of...more

New York Court Holds No Coverage for Criminal Proceeding

In its recent decision in Certified Environmental Services, Inc. v. Endurance Am. Ins. Co., 2018 N.Y. App. Div. 704 (4th Dep’t Feb. 2, 2018), the Supreme Court of New York, Appellate Division, Fourth Department, had occasion...more

Federal Enforcement Update: Can Again Kicked Down the Road

As we explained in our previous post, the Rohrabacher-Blumenauer Amendment protects against federal enforcement of the Controlled Substances Act with respect to medical cannabis in states that have legalized it. The Amendment...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Court Orders Jacobson Remand to Determine Reasonableness of $10 Million Fine

In United States v. Zukerman, No. 17-948 (2d Cir. Feb. 6, 2018) (ALK, RAK, RSP) (summary order), the appellant, Morris Zuckerman, challenged the substantive and procedural reasonableness of his sentence, which was imposed...more

Orrick's Financial Industry Week In Review

CFTC Files Eight Anti-Spoofing Enforcement Actions against Three Banks (Deutsche Bank, HSBC & UBS) & Six Individuals - On January 29, 2018, the Commodity Futures Trading Commission ("CFTC"), along with the Department of...more

Antitrust Division to Criminally Prosecute No-Poaching Agreements

by Bryan Cave on

The Antitrust Division of the Department of Justice (“DOJ”) has indicated that, in the coming months, it intends to criminally prosecute companies that have entered into naked no-poaching agreements for violation of the...more

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

by Bass, Berry & Sims PLC on

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

Criminal Post-Employment Violation Alleged

by Holland & Knight LLP on

The U.S. Attorney for the District of Columbia recently charged a former federal executive branch official with violating post-employment restrictions. The former official is accused of violating a life-time ban imposed by...more

China Has a #MeToo Moment, But Still Lacks Anti-Harassment Enforcement

The #MeToo movement may have spread to China, but the legal landscape still does not provide significant protections to potential victims. On January 1, 2018, a former doctoral student at Beijing’s Beihang University, Luo...more

Big month ahead for federal cannabis policy in Congress

by Thompson Coburn LLP on

With federal protections for medical cannabis set to expire in early February, federal cannabis policy will be closely watched in Congress in the coming weeks. As previously reported on Tracking Cannabis, federal...more

US DOJ, Commodity Futures Trading Commission Charge Three Banks and Multiple Individuals in Spoofing Schemes

by Shearman & Sterling LLP on

The US Department of Justice and Commodity Futures Trading Commission announced enforcement actions against three banks and multiple individuals involved in alleged commodities fraud and spoofing schemes....more

Arizona Court of Appeals Declares Trial Court's Media Restrictions Unconstitutional

by Ballard Spahr LLP on

The Arizona Court of Appeals issued a unanimous opinion late last month reaffirming the strict requirements for limiting the media's ability to disseminate public information and strongly cautioning trial courts against...more

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Cybersecurity

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