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White Collar
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July 10, 2024
Feds Say Guo Ran 'Fraud Empire' As Racketeering Trial Wraps
Manhattan federal prosecutors urged a jury on Wednesday to convict Chinese dissident Miles Guo for operating his political movement as a vast racketeering conspiracy that "brainwashed" supporters into spending more than $1 billion on scam investments.
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July 10, 2024
4th Circ. Says Parole Entry Did Not Interrupt Residency Status
The Fourth Circuit ruled that a Ghanaian national retained his status as a lawful permanent resident and is therefore eligible for U.S. citizenship, even though border officials refused to admit him into the country following a misdemeanor conviction for embezzlement.
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July 10, 2024
Engineer Who Faced Export Charges Cops To Tax Counts
A Chinese-born engineer has pled guilty to two counts of filing a false tax return related to allegations that he and his wife omitted gross income from their tax returns between 2015 and 2019, after Texas federal prosecutors initially charged the couple with export violations and fraud.
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July 10, 2024
Deutsche Bank Settles Ex-Trader's Malicious Prosecution Suit
Deutsche Bank has settled a lawsuit brought by a former trader who claimed the bank scapegoated him when the U.S. Department of Justice began an investigation into suspected interest rate rigging, according to a Wednesday filing in New York federal court.
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July 10, 2024
Key Menendez Witness Faces Scrutiny As Closings Drag On
Closing arguments in U.S. Sen. Robert Menendez's bribery trial are set to go into a fourth calendar day after jurors watched multiple sets of defense counsel Wednesday tear apart the testimony of a key cooperating witness.
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July 10, 2024
Archegos Founder Convicted Of $100B Fraud On Wall Street
A Manhattan federal jury on Wednesday convicted Archegos founder Bill Hwang of illegally injecting over $100 billion into Wall Street markets with lies to banks that ballooned stocks and his assets, before running his family-office hedge fund into the ground.
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July 10, 2024
Ocasio-Cortez Seeks Impeachment Of Justices Thomas, Alito
New York Rep. Alexandria Ocasio-Cortez filed articles of impeachment against U.S. Supreme Court Justices Clarence Thomas and Samuel Alito on Wednesday following a year of revelations about their repeated failures to disclose the acceptance of luxury travel and gifts, refusals to recuse in certain cases and other purported ethics violations.
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July 10, 2024
Ga. Judge Shakes Off YSL Bid To Step Aside From DQ Fight
A Georgia state judge has rejected a request from Atlanta rapper Young Thug that she step aside from handling his motion seeking another judge's recusal from his racketeering trial for allegedly colluding with prosecutors in a closed-door meeting with a key witness.
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July 10, 2024
Former McElroy Deutsch CFO Hits Ch. 11 Amid Theft Cases
McElroy Deutsch Mulvaney & Carpenter's former chief financial officer filed for bankruptcy in New Jersey this week as he awaits sentencing for embezzling over $1.5 million from the firm over a period of years via fraudulent bonuses.
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July 10, 2024
Baldwin Trial Opens With 911 Call Blaming Assistant Director
Alec Baldwin on Wednesday began his defense to criminal charges over the "Rust" shooting by playing for a New Mexico jury a 911 recording in which the caller describes the fatal incident as accidental and then blames the film's assistant director for what happened.
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July 10, 2024
Ex-NBA Player Pleads Guilty In Betting Scandal
Former NBA player Jontay Porter pled guilty to a federal charge in Brooklyn on Wednesday for his part in an illegal sports betting scheme, admitting that he withdrew from games to ensure winning bets for men he owed a gambling debt.
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July 10, 2024
Ex-Ill. Senator Gets 3½ Years For Misusing Campaign Funds
Former Illinois state Sen. William "Sam" McCann has been sentenced to 42 months in prison following his post-trial admission to spending campaign funds on personal items such as trucks and recreational vehicles.
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July 10, 2024
Ex-CEO Convicted In COVID Test Kit Fraud Case
A former healthcare software executive was found guilty of securities fraud Wednesday by a New Jersey federal jury in the retrial of a case that ended in a hung jury in December.
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July 09, 2024
Texas Chief Justice Calls Pulling IDs Over Fines 'Stupid'
The chief justice of the Supreme Court of Texas told the Senate Judiciary Committee during a Tuesday hearing on funding civil legal aid that the practice of revoking a person's driver's license for an inability to pay court fees was "stupid."
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July 09, 2024
Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested
A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.
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July 09, 2024
4th Circ. Finds No Judicial Bias In DOD Contractor's Sentence
The Fourth Circuit on Tuesday upheld a nine-year prison sentence for a North Carolina woman who fraudulently obtained military contracts valued at over $2.2 million, rejecting her argument that the district judge should've recused himself for bias and calling his admonishment during her sentencing "'ordinary,' albeit strongly worded."
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July 09, 2024
Hunter Biden Yanks New Trial Bid Feds Blasted As 'Laughable'
Hunter Biden yanked his bid for a new trial Tuesday that he argued was warranted based on the district court's purported lack of jurisdiction after a jury found him guilty of felony gun charges, retracting his motion and siding with Delaware federal prosecutors' reasoning after they slammed his arguments as "laughable."
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July 09, 2024
Veteran EDNY Federal Prosecutor Joins Covington
The former Criminal Division chief at the Brooklyn U.S. Attorney's Office has returned to private practice as a partner in Covington & Burling LLP's New York office, the firm announced Tuesday.
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July 09, 2024
Disbarred Ohio Atty Cops To Landing Law Jobs With Fake IDs
A disbarred Ohio attorney admitted Tuesday to using false identities — including information belonging to his father, girlfriend and a dead man — to snag high-paying gigs or job offers from at least seven different law firms, the U.S. Department of Justice said in a statement.
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July 09, 2024
NY Judge In Trump Case OKs Narrow Subpoena For Atty
An attorney who told reporters he held an impromptu hallway conversation with a New York state judge in the lead-up to February's $464.6 million civil fraud judgment against Donald Trump must turn over any communications he had with the court regarding the underlying action, according to a Tuesday ruling.
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July 09, 2024
Judge Greenlights New Defamation Claims In Sabotage Suit
A couple accused of sabotaging a North Carolina software company can countersue its co-founder and his wife for defamation, a state Business Court judge ruled Tuesday, casting aside concerns that allowing new claims at this late stage will delay the upcoming trial.
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July 09, 2024
Indicted Ex-Conn. Official Drops Greece Vacation Plan
Ex-Connecticut budget official Konstantinos "Kosta" Diamantis on Tuesday dropped his request for a federal judge's permission to travel to Greece while he is under indictment, withdrawing his motion one day after prosecutors objected.
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July 09, 2024
5th Circ. Presses SEC On Whistleblower Award Calculation
The Fifth Circuit heard oral arguments Tuesday in a case accusing the U.S. Securities and Exchange Commission of shortchanging two whistleblowers who uncovered the largest fraud in Texas history, with one judge pressing the agency's attorney over how much money it was able to collect after the fraudster declared bankruptcy.
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July 09, 2024
Feds Say Pa. Headstone Seller Scammed Bereaved Of $1.5M
An Upper Merion, Pennsylvania, man already awaiting trial in state court now faces federal wire fraud charges after prosecutors said his family business selling headstones took in more than $1.5 million in up-front payments for grave markers that were never delivered to customers in Pennsylvania and New Jersey.
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July 09, 2024
NJ Jury Begins Deliberating COVID Test Kit Fraud Case
Jurors began deliberating Tuesday in the retrial of a securities fraud case that ended with a dramatic mistrial after a juror announced in open court last December that he disagreed with the guilty verdict that had just been delivered by the jury forewoman.
Expert Analysis
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.