News & Analysis as of

Obstruction of Justice

Parker Poe Adams & Bernstein LLP

OSHA Obtains Criminal Indictment of Managers Who Allegedly Obstructed Investigation

Most prosecutors will tell you that the cover-up is often worse than the underlying crime. This adage was again proven correct earlier this month when OSHA announced that the U.S. Department of Justice had obtained federal...more

Arnall Golden Gregory LLP

Tampa Physician Sentenced to Prison for Obstructing Medicare Audit

by Arnall Golden Gregory LLP on

On Friday, September 14, 2018, U.S. District Judge Steven Merryday for the Middle District of Florida sentenced Dr. John Janick of Port Charlotte to five months in prison and three years of supervised release, plus...more

Patterson Belknap Webb & Tyler LLP

Courts Reinstates Embezzlement Charges Dismissed as Untimely, Holding that Dismissal was Based on a Premature Assessment of the...

In United States v. Sampson, decided August 6, 2018, the Court (Cabranes, Livingston, Carney, C.J.J.) reversed the district court’s dismissal of embezzlement charges levied against former New York State Senator John Sampson. ...more

Patterson Belknap Webb & Tyler LLP

The Circuit Affirms Public Corruption Conviction, Rejecting A Slew Of Arguments And Narrowing The Reach Of Its Prior Decisions On...

In a lengthy opinion in United States v. Sampson on August 6, 2018, the Second Circuit (Cabranes, Livingston, Carney) affirmed the conviction of former New York State Senator John Sampson for obstruction of justice and false...more

Dorsey & Whitney LLP

Crypto Currency and Cyber Security – The USAO’s Latest Case

by Dorsey & Whitney LLP on

Crypto currency is one of the hottest topics in the tech and investment world. The same is true of cyber security – it is one of the most talked about subjects in tech and, in addition, compliance. ...more

Zapproved LLC

Ford sanctioned nearly half a million dollars for material misrepresentations

by Zapproved LLC on

Johnson v. Ford Motor Co., No. 3:13-cv-06529 (S.D.W. Va. Dec. 27, 2017 and Mar. 22, 2018). In two separate opinions, the court held that the defendant made material misrepresentations during the course of discovery and...more

Allen Matkins

I Beg Your Pardon, Martha Stewart

by Allen Matkins on

Last week, President Donald Trump intimated that he may pardon Martha Stewart who was famously convicted and served time in prison for obstruction of justice. Ms. Stewart's notorious conviction arose out of an insider...more

Jackson Walker

Fake News Redux

by Jackson Walker on

As I pointed out in my last (December 2017) VIA column, “Pop Fouls, Russians, Millennium Magazine, The New York Daily Inquirer and Fake News,” fake news has been with us for a long time and while not foreign to the Russians,...more

Michael Volkov

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

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Limits The Reach Of Criminal Obstruction Charges Under The Tax Law

Last week, the Supreme Court in Marinello v. United States significantly limited the government's ability to prosecute taxpayers for allegedly obstructive conduct related to potential tax violations. ...more

Jones Day

U.S. Supreme Court: Government Went Too Far in Tax Obstruction Prosecution

by Jones Day on

The U.S. Supreme Court today barred the government from prosecuting taxpayers for obstructing the administration of the Internal Revenue Code, unless it can show they acted in response to a pending or reasonably foreseeable...more

Cooley LLP

Alert: Supreme Court Limits Criminal Tax Obstruction Statute

by Cooley LLP on

On March 21, 2018, the Supreme Court sharply curtailed the scope of conduct subject to prosecution under the criminal obstruction provision of the Internal Revenue Code. Specifically, in Marinello v. United States, the court...more

Sheppard Mullin Richter & Hampton LLP

Crypto-Crime: The SEC and DOJ Go After BitFunder and Its BitFounder

Taking further steps into the world of cryptocurrency, two entities of the federal government recently took legal action against BitFunder, a now-defunct Bitcoin exchange, and its founder, Jon Montroll. The Securities and...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on "Remmer Hearing" in Juror Influence Allegations

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more

Patterson Belknap Webb & Tyler LLP

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

Michael Volkov

Rabobank Coughs Up $368 Million and Pleads Guilty to Conspiracy to Money Launder and Obstruct Investigation

by Michael Volkov on

The Justice Department announced a guilty plea by a subsidiary of Rabobank, a Dutch global bank, to a conspiracy to violate money laundering laws and obstruct a regulatory investigation of Rabobank’s activities in California....more

Ward and Smith, P.A.

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

Shearman & Sterling LLP

U.S. Subsidiary Of Dutch Bank Pleads Guilty To Allegations That It Conspired To Obstruct OCC Examination Of AML Program

by Shearman & Sterling LLP on

On February 7, 2018, Dutch bank Rabobank’s U.S. subsidiary pleaded guilty to conspiring to impair, impede, and obstruct a review by the Office of the Comptroller of the Currency (“OCC”) of the bank’s anti-money laundering...more

Patterson Belknap Webb & Tyler LLP

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

Michael Volkov

Criminal Enforcement Against Senior Executives: The Fish Rots from the Head

by Michael Volkov on

The compliance community is well aware of the risks in the C-Suite. As you move up the corporate ladder, the level of risk from executive misconduct increases. A rotten executive can quickly bring down a company, destroy...more

McGuireWoods LLP

Former DOJ Prosecutor Pleads Guilty After Attempting to Sell Sealed False Claims Act Cases to the Target Defendants

by McGuireWoods LLP on

A former prosecutor for the United States Department of Justice has pled guilty to attempting to sell sealed False Claims cases to the defendants in those cases and to transporting stolen goods across state lines. Jeffrey...more

LeClairRyan

It’s Not Nice to Fool The NTSB

by LeClairRyan on

Those of us of a certain age will remember the television ad for margarine that tastes so much like butter that even Mother Nature is fooled. When Mother Nature learns that the product is not her “delicious butter,” she...more

Charles (Chuck) Rubin

What Happens to Monetary Penalties When Convicted Defendant Dies with Pending Appeals?

by Charles (Chuck) Rubin on

This was the question in a recent Second Circuit Court of Appeals case. The defendant was convicted of securities fraud, mail and wire fraud and obstruction of justice, and entered into a negotiated guilty plea to criminal...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Finds Death Extinguishes Trial Convictions and Related Restitution Order – But Tax Offenses and Bail Forfeiture...

In 2010, a federal jury in the Eastern District of New York convicted body-armor tycoon David H. Brooks of multiple counts of conspiracy, insider trading, fraud, and obstruction of justice for his role in a $200 million...more

Bradley Arant Boult Cummings LLP

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

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