News & Analysis as of

Criminal Prosecution

DOJ Implements Policies On Environmental Enforcement

by Holland & Knight LLP on

• A recent memorandum from the U.S. Department of Justice's (DOJ) Environment and Natural Resources Division (ENRD) provides guidance on civil and criminal enforcement of environmental laws. DOJ will continue to pursue...more

Department Of Justice Fires Warning Shot Over Unlawful No-Poach Agreements

by Jackson Lewis P.C. on

On April 3, 2018, the Department of Justice’s Antitrust Division settled an antitrust action against the world’s two largest rail equipment suppliers, accusing them of maintaining “naked” no-poaching agreements in violation...more

Predictive Algorithms in Sentencing: Are We Automating Bias?

by Patrick Law Group, LLC on

Although algorithms are often presumed to be objective and unbiased, recent investigations into algorithms used in the criminal justice system to predict recidivism have produced compelling evidence that such algorithms may...more

Second Circuit Addresses Victims’ Rights, Restitution, and Asset Forfeiture in Insurance Context

In a case arising out of the CityTime scandal, the Second Circuit issued a thoughtful opinion addressing the operation of restitution and asset forfeiture on victims of white-collar crime. ...more

Deputy AG Rod Rosenstein To Make First Supreme Court Appearance In Sentencing Case, Even As Rumors Continue To Swirl Of Potential...

by Ifrah PLLC on

Deputy Attorney General Rod Rosenstein will be arguing before the Supreme Court today for the first time in his nearly thirty-year government career even as rumors abound that Donald Trump is talking about firing him to cut...more

Sneaking Isn’t Laundering: Second Circuit Reverses Money Laundering Conviction for Insufficient Evidence of Intent to Disguise

In United States v. Rodriguez, a panel of the Second Circuit (Judges Katzmann, Walker, and Bolden (D. Conn., sitting by designation)) reversed the conviction of a defendant for money laundering....more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission proposed a package of rules and interpretations focused on retail investors. At the center of the package is proposed Regulation Best Choice focused on the relation between brokers and their clients....more

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

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

SEC Charges Broker With Theft From Pension Plan

by Dorsey & Whitney LLP on

The Commission frequently brings actions in which the defendant is charged with misappropriating investor funds. Typically those cases center on an offering fraud in which the defendant sold investors securities using false...more

Seedy Business: Chinese Scientist Sentenced to Ten Years for Stealing Proprietary Rice Seeds

In 2013, U.S. Customs and Border Protection agents caught researchers attempting to smuggle a $75 million trade secret from the United States to China. ...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

What the Washington Post Article Missed on the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion...

On April 13, 2018, the Washington Post published an article entitled “The Trump administration has officially clipped the wings of the Migratory Bird Treaty Act.” The Article correctly notes that the United States Fish and...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

There’s a Safe Way to Conduct Employee Compensation Surveys

by Holland & Knight LLP on

With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

Parody Facebook Page Leads to Unjustified Arrest That Infringes Author’s Free Speech Rights

by Hodgson Russ LLP on

A new federal court decision highlights the tension between fake Facebook pages and First Amendment rights, particularly when the page involves a governmental entity....more

Feds Charge Alleged Sham Small Businesses Owners

by Davis Wright Tremaine LLP on

On April 3, 2018, a federal grand jury indicted two Wisconsin residents and a construction business of fraud and other charges accusing them of wrongfully obtaining $200 million in contracts set aside for small businesses by...more

Corporate Criminal Liability – Perspectives from the US, UK and France

by Bryan Cave on

Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

One firm and three of its officers were named as defendants in a Commission enforcement action that could have been cloned from earlier remarks of Chairman Clayton about cryptocurrency. In one speech the Chairman decried...more

Supreme Court Narrows Criminal Tax Obstruction of Justice Statute

by Michael Volkov on

The Supreme Court ruled in a criminal tax case, Marinello v. United States, that a criminal tax obstruction of justice was overly broad. ...more

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Criminal And Civil Charges Filed In Connection With Initial Coin Offering By Centra Tech

by Shearman & Sterling LLP on

On April 2, 2018, the U.S. Department of Justice (“DOJ”) and Securities Exchange Commission (“SEC”) announced criminal and civil charges against two startup co-founders for allegedly defrauding and conspiring to defraud...more

Virginia Supreme Court Revisits Meaning of "Criminal Negligence" and "Gross Negligence"

by Sands Anderson PC on

Tina Marie Bryant took a gun from Maryland and drove to Harrisonburg intending to kill herself there. The Rockingham County Sheriff’s Department went to the hotel where Ms. Bryant was staying and, from outside her locked...more

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Cybersecurity

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