News & Analysis as of

Criminal Prosecution

How Lying to the U.S. Government Can Land You in Jail

by Holland & Knight LLP on

If you ask people why Martha Stewart went to jail, many will say insider trading. And if you ask others what crime Scooter Libby committed, most will say breaching national security by disclosing the name of a covert C.I.A....more

Federal jury convicts operator of payday lenders sued by CFPB and FTC

by Ballard Spahr LLP on

Richard Moseley Sr., the operator of a group of interrelated payday lenders, was convicted by a federal jury on all criminal counts in an indictment filed by the Department of Justice, including violating the Racketeer...more

News Flash: Kleptocrats Still Taking Bribe Money With One Hand and Laundering it With the Other

The summer of 2017 saw the U.S. Department of Justice’s docket still teeming with Foreign Corrupt Practices Act (FCPA) cases. In this post, we draw a few lessons from three of them, which bring together three threads that...more

“Always a bridesmaid, never a bride” Might Work for Stark Liability but Not the Anti-Kickback Statute

by Nossaman LLP on

Last Thursday, a jury in federal district court in St. Louis handed down a verdict in a False Claims Act (“FCA”) case that presents a laundry list of the challenges which can arise in a FCA case. ...more

Sticking to the Bargain: The D.C. and Second Circuits Uphold Limits on Courts' Authority to Supervise, Modify, or Challenge DPAs

by DLA Piper on

Three DLA Piper attorneys discuss the distinct differences between deferred and nonprosecution agreements. The authors examine the nuances of both agreements, using recent court cases to elaborate on details that businesses...more

On Eve Of “Paradise Papers” Release, At-Risk Individuals Should Consider Immediate Action To Mitigate Potential For Criminal...

by Fox Rothschild LLP on

Tomorrow morning (November 17) the International Consortium of Investigative Journalists (ICIJ) is set to release publicly the first set of comprehensive data from the recent “Paradise Papers” leak. The initial data will...more

UK Financial Conduct Authority Decision to Ban Ex-Libor Trader Hayes Delayed Pending Criminal Review

by Shearman & Sterling LLP on

The Financial Conduct Authority has announced that it has decided to prohibit former trader Tom Hayes from performing any function relating to any regulated activity in the financial services industry. The FCA stated that Mr....more

White Collar Courier: Delivering News and Providing Guidance in White Collar Matters

by Burr & Forman on

Before joining Burr & Forman, I was a federal prosecutor for a little over a decade focusing on health care fraud and general white collar matters. In that role, I was a member of a prosecution team that secured guilty...more

Here’s the Powerpoint and Recommended Reading From “Litigation Analytics and Appellate Law”

by Sedgwick LLP on

Earlier today, I had the pleasure of joining the Appellate Lawyers’ Association lunchtime meeting to talk about Litigation Analytics and Appellate Law: What the Numbers Tell Us About the Illinois and California Supreme...more

How Phil Ivey fundamentally changed the concept of dishonesty in English criminal law

by White & Case LLP on

The card game Punto Banco (a form of baccarat) is a straight game of chance. Or at least it should be, according to the UK Supreme Court, who found that Phil Ivey, a legend in the professional gambling world, cheated...more

Three Stripes and You're Out: Coach Pitino's Outrage Against Adidas

by Stinson Leonard Street on

The FBI recently charged 10 people, including four college basketball assistant coaches at prominent Division I universities and a head executive at Adidas inter alios, with corruption and bribery crimes for...more

New York State Enacts Comprehensive Criminal Conviction Sealing Law

by Epstein Becker & Green on

Enacted through the 2017-2018 New York State Budget, and effective October 7, 2017, a new law in New York State makes it possible for individuals convicted of certain criminal offenses to have up to two convictions sealed....more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The DOJ unsealed criminal charges against five individuals involved in the Rolls-Royce FCPA action previously brought by the DOJ, SFO and Brazilian authorities. The charges were filed in the Southern District of Ohio. Each...more

Appellate Term Reverses Village Of Port Jefferson Illegal Rental Permit Convictiions

by Farrell Fritz, P.C. on

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second...more

Lawyers Beware: Battle of Legal Professional Privilege of Internal Investigation Continues in England and Wales

Last month, the Court of Appeal of England and Wales granted permission for Eurasian Natural Resources Corp. Ltd. (“ENRC”) to appeal the May 2017 decision by the High Court relating to a dispute over the legal professional...more

Dishonesty Test in Criminal Law

by King & Spalding on

The Supreme Court has made a substantial change to the test for dishonesty in the criminal law. Since 1982 the two stage test setout in R v Ghosh [1982] QB 1053 by the Court of Appeal has been the approach taken by the...more

The Klansman and His Death Ray: Second Circuit Affirms Conviction and Sentence in Bizarre Domestic Terrorism Plot

In United States v. Crawford, 16-4261-cr (Kearse, Cabranes, Wesley), the Second Circuit affirmed via summary order the terrorism-related conviction and sentence of a Klansman in upstate New York. This case represented the...more

Day Trader Charged in Computer Hacking Scheme

by Dorsey & Whitney LLP on

Two key areas of focus for the SEC are retail investors and cyber. Both of those elements are present in the latest case filed by the U.S. Attorney’s Office for the Eastern District of New York which parallels a previously...more

Hedge Fund Manager Sentenced to Prison

by Dorsey & Whitney LLP on

A claimed hedge fund manager was sentenced to prison after pleading guilty to conspiracy to commit securities and wire fraud. Defendant Nicholas Mitsakos founded Matrix Capital, a California state registered investment fund...more

Former CFO Pleads Guilty To Lying To Auditors

by Dorsey & Whitney LLP on

Former Osiris Therapeutics, Inc. CFO Philip Jacoby pleaded guilty to criminal charges stemming from the financial fraud at the company. U.S. v. Jacoby, No. 1:17-cr-00676 (S.D.N.Y. Filed Nov. 2, 2017). The charge on which the...more

D.C. District Court Compels Former Lawyer To President Trump's Campaign Manager To Answer Special Counsel's Questions Regarding...

by Shearman & Sterling LLP on

On October 30, 2017, Chief Judge Beryl A. Howell of the United States District Court for the District of Columbia unsealed an order granting the Office of the Special Counsel’s (“SCO”) motion to compel the former counsel...more

Precedent Setting Alberta OHS Case: Excavation Company Director Sentenced to Jail

by Bennett Jones LLP on

A precedent setting occupational health and safety (OHS) case was heard in the Alberta Court yesterday. For the first time in Alberta's history, a worker who was also a company director was sentenced to jail for a period of...more

UK Supreme Court Redefines Criminal Dishonesty Test

by Latham & Watkins LLP on

The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission’s focus on retail investors is reflected in cases filed this week. One involved the manipulation of securities prices by gaining unauthorized access to retail accounts and then trading securities....more

How Were the Court’s Criminal Cases Distributed at the Court of Appeal (Part 4)?

by Sedgwick LLP on

Yesterday, we discussed which Districts and Divisions of the Court of Appeal produced the Supreme Court’s criminal docket for the years 2006 through 2011. Today, we finish the story, reviewing the years 2012 through 2017...more

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Cybersecurity

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