News & Analysis as of

Indictments

If You Don’t Do the Work, You Might Do Time Instead: Service-Disabled Veteran Faces Jail Time for Failing to Run Day-to-Day...

by Bass, Berry & Sims PLC on

The Government recently indicted an Army veteran for allegedly using his status as a service-disabled veteran to help a company qualify as a service-disabled veteran-owned small business and falsely obtain nearly $40 million...more

Cross-Border Investigations Update - November 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including new U.K. reporting obligations for sanctions violations,...more

Former Municipal Official in the Spotlight as SEC Files Complaint Charging Securities Fraud and DOJ Files Superseding Indictment...

by Bracewell LLP on

On November 21, 2017, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint charging Oyster Bay, New York (the “Town”), along with its former Supervisor and Chief Executive Officer, John Venditto, with...more

Mistrial in bribery case against US Senator Robert Menendez highlights the challenges of proving bribery with circumstantial...

by Dentons on

The US Department of Justice's ongoing efforts to expand the reach of federal corruption statutes is in jeopardy after last week's failure to convict US Senator Robert Menendez (D-NJ). U.S. v. Menendez et al, No. 15-cr-00155,...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

“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

Circuit Reverses Conviction & Dismisses Indictment in Case Where Defendant Waited Seven Years for Trial

In United States v. Tigano, No. 15-3073 (Winter, Walker, Pooler), the Second Circuit issued a short order reversing the conviction of Joseph Tigano, III and dismissing the indictment with prejudice.  The Court noted that a...more

Charges Unsealed Against Five Individuals, Including Two Executives, In Foreign Bribery Scheme Involving Rolls-Royce

by Shearman & Sterling LLP on

On November 7, 2017, the Department of Justice (“DOJ”) unsealed charges against five individuals—including two executives—alleging violations of the Foreign Corrupt Practices Act (“FCPA”) in connection with an alleged foreign...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

Rolls Royce in America – Four Guilty Pleas and an Indictment

by Thomas Fox on

For those who might have wondered if the Sessions Justice Department (DOJ) was going to enforce the Foreign Corrupt Practices Act (FCPA), that question seems to have been answered in the affirmative. In September, the DOJ and...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

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

Dorsey Anti-Corruption Digest - November 2017

by Dorsey & Whitney LLP on

Massachusetts-based Alere Inc. will pay $13 million to settle charges alleging that the company bribed foreign officials and engaged in an accounting fraud, according to a Securities and Exchange Commission (SEC) Cease and...more

The Manafort Indictment and what it means to you.

by Sanford Millar on

On October 30, 2017 Paul Manafort, the former campaign chair for president Donald Trump was indicted by a Federal Grand Jury in the District of Columbia. The charges arise from Manafort's unregistered consulting and...more

Manafort Indictment Alleges High-End International Money Laundering and Tax Fraud Involving Offshore Accounts

by Ballard Spahr LLP on

As the world now knows, an indictment against Paul Manafort, Jr., a former campaign chairperson for now-President Donald Trump, and Manafort’s associate, Richard Gates III, was unsealed yesterday. ...more

Developments in Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged

by Farella Braun + Martel LLP on

On October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors. Nippon Chemi-Con is...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

It’s A Slam Dunk: Take Steps Now To Avoid Tough Lessons Learned By Several NCAA Basketball Programs

The recent indictment of at least 10 individuals associated with college basketball should alert every university, and many businesses, to the importance of operating strong ethics and compliance programs and conducting...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

The Fifth Circuit Restricts BSEE's Enforcement Authority Over Offshore Contractors in the Gulf of Mexico

On Wednesday, September 27, the US Court of Appeals for the Fifth Circuit issued an important decision in United States vs. Moss, No. 16-30561 that limits the authority of the federal government to bring enforcement actions...more

Where The Full Record Indicates a Plea is Voluntary, Rule 11 Omissions Will Not Lead to Vacatur

In United States v. Pattee, 14-32163-cr (April 21, 2016) (GC, GEL, RJL), the Court affirmed a judgment of conviction and sentence entered in the United States District Court for the Western District of New York (Frank P....more

Cattle Rustling, Blackmail, and Punitive Damages in Texas

by Strasburger & Price, LLP on

In a case that reads like an episode of “Dallas,” the Texas Supreme Court reiterated the rules for recovery of punitive damages. Bennett v. Grant, No. 15-0338 (April 28, 2017)....more

Federal Judge Declares the Rule of Reason Will Apply in Criminal Antitrust Case and Dismisses the Case as Barred Under the Statute...

by Hogan Lovells on

On August 28, a Utah federal judge held in United States v. Kemp & Associates, et al. that he will apply the rule of reason standard in a criminal prosecution against an heir-locator company for allegedly colluding with its...more

US Court of Appeals Overturns LIBOR Convictions Based on Derivative Use of Compelled Testimony Lawfully Obtained in UK

by Dechert LLP on

In a decision with significant implications for cross-border criminal and regulatory investigations in both the UK and U.S., a panel of the U.S. Court of Appeals for the Second Circuit recently overturned two convictions for...more

Affirmance in Drug Conspiracy Trial Considers Sufficiency of the Indictment and Evidentiary Rulings

United States v. Gill, No. 15-4444-cr(L) (Livingston, Chin, Carney), a decision in a drug trafficking and murder conspiracy appeal, offers several interesting rulings on evidentiary and trial practice issues that arose out of...more

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Cybersecurity

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