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White Collar
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November 19, 2024
Ex-Fed Examiner Cops To Insider Trading, Settles With SEC
A former senior banking supervisor with the Federal Reserve Bank of Richmond pled guilty Tuesday in Virginia federal court to insider trading, the same day he resolved the U.S. Securities and Exchange Commission's claims accusing him of inappropriately trading in shares of New York Community Bancorp and Capital One Financial Corp.
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November 19, 2024
Yoga Teacher Gets 7½ Years For Defrauding Mentally Ill Doctor
A yoga instructor who helped defraud $2.7 million from a mentally ill doctor by moving into his Malibu home and feeding him psychedelic drugs was sentenced to 90 months in prison by a California federal judge Tuesday, more than twice the time recommended by prosecutors.
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November 19, 2024
SEC's $196M Win Revived After Judge Fixes 'Scrivener's Error'
A Florida federal judge has granted a $196 million judgment against a group of fraudsters to the U.S. Securities and Exchange Commission after fixing what he called a "scrivener's error" in the original order that caused the Eleventh Circuit to overturn a part of the award in September.
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November 19, 2024
AI School Tech Founder Stole $10M From Investors, DOJ Says
The founder of AllHere Education Inc., a startup venture that sold artificial intelligence-powered chatbots to schools, is charged with fleecing investors out of nearly $10 million by lying about the company's revenue and using some of the money to pay for her wedding and a house, New York federal prosecutors announced Tuesday.
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November 19, 2024
Ex-US Attorneys See Risks In Working Under Gaetz
Some prospective U.S. attorneys may think twice about joining the U.S. Department of Justice if Matt Gaetz ends up in charge, veterans of the position told Law360.
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November 19, 2024
Parties Voluntarily Toss Sewer Expansion Coverage Row
An Indiana federal court dismissed a lawsuit Tuesday from a utility company's insurer seeking to avoid covering a $5 million consent judgment and a $14 million damages claim from underlying litigation concerning a sewer expansion plan, after it was told in September the parties reached a global settlement in principle.
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November 19, 2024
'Survivor' Winner Needs To Pay $3.3M Tax Bill, Judge Advises
The winner of the "Survivor" television series who evaded taxes on his $1 million in prize money and served time in prison should pay $3.3 million of his civil liabilities, including fraud penalties, a federal magistrate judge said.
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November 19, 2024
Feds Ordered To Delete Combs Notes From Raid, For Now
A Manhattan federal judge directed prosecutors Tuesday to temporarily delete potentially privileged notes recovered from the jail cell of Sean "Diddy" Combs pending briefing, after lawyers for the hip-hop mogul called the seizure "outrageous."
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November 19, 2024
Ballard Spahr Brings On Former Federal Prosecutor In LA
Ballard Spahr LLP is expanding its consumer finance services team, announcing Tuesday that a former assistant U.S. attorney is joining its Los Angeles office as of counsel.
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November 19, 2024
In 'Perplexing' Move, Ga. Appeals Court Cuts Trump Oral Args
Attorneys described the Georgia Court of Appeals' decision this week to cancel oral arguments over whether Fulton County District Attorney Fani Willis should be disqualified from the election interference case against former President Donald Trump and his co-defendants as "perplexing," saying it may be the result of Trump's recent reelection or simply having enough information already to make a decision.
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November 19, 2024
NY Judge Rejects Ozy Media CEO's DQ Bid Over Investments
U.S. District Judge Eric R. Komitee of New York's Eastern District on Tuesday refused to step aside from former Ozy Media CEO Carlos Watson's fraud and identity theft case, slamming as meritless Watson's effort to undo his convictions over the judge's financial investments.
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November 19, 2024
Former Georgia Judge's Law License Suspended After Ouster
After removing a Georgia Court of Appeals judge from the bench last year, the Georgia Supreme Court on Tuesday suspended his law license until August 2025 for taking advantage of an elderly client, calling it "an appropriate sanction in this case" in light of case law and the State Bar of Georgia's support of the suspension.
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November 19, 2024
IRS Can Extend Deadline Over Preparer's Fraud, 3rd Circ. Told
The Third Circuit should affirm a U.S. Tax Court ruling allowing the Internal Revenue Service to skirt the normal deadlines and assess taxes going back to 1993 against a couple who were unaware that their tax preparer had falsified their returns to lower their liabilities, the government said.
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November 19, 2024
DA Says Trump Sentencing Could Be Delayed Until 2029
Manhattan prosecutors on Tuesday suggested that President-elect Donald Trump's criminal sentencing could be delayed until after he serves out his next term, but urged a judge not to throw out his conviction over an alleged hush money scheme.
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November 18, 2024
Diddy Calls DOJ's Possession Of His Notes 'Outrageous'
Sean "Diddy" Combs said Monday that federal prosecutors are in possession of privileged attorney-client materials, including his own written notes, which they're "actively" using to detain him ahead of his trial, a move the hip-hop mogul called "outrageous government conduct."
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November 18, 2024
Apple Gets Some AirTag Stalking Claims Tossed, For Now
The California federal judge overseeing a proposed class action accusing Apple of failing to safeguard its AirTag tracking device from being abused by stalkers on Monday tossed product liability claims brought by consumers outside of California, saying Golden State law calls for the "place of the wrong" to take precedence.
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November 18, 2024
SEC Says Bogus Heir Of Nigerian Billionaire Ran IPO Scheme
A Queens, New York, man who copped to wire fraud for scamming investors by posing as scion of an ultra-wealthy Nigerian industrialist faces U.S. Securities and Exchange Commission claims over the same alleged misconduct.
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November 18, 2024
SEC Says Calif. Atty, His Wife Stole $2.2M To Buy House
The U.S. Securities and Exchange Commission on Monday accused a Los Angeles-area attorney of scheming to control publicly traded penny stock companies and then stealing $2.2 million from one of those companies to buy a home with his wife, according to a complaint filed in California federal court.
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November 18, 2024
Netgear Says Huawei Engaging In Global Patent 'Warfare'
Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.
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November 18, 2024
Industry Group Wants Trump-Era SEC Proxy Rules Reinstated
The National Association of Manufacturers has urged the D.C. Circuit to reverse a ruling that struck down a U.S. Securities and Exchange Commission regulation on proxy voting, arguing the ruling severely limits the agency's regulatory power without any statutory backing.
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November 18, 2024
Menendez Calls Trial Evidence Flub 'Deeply Troubling'
Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.
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November 18, 2024
Ex-Crypto CEO Bribe Case Unsealed As Firm Inks $10M Deal
The former CEO of a cryptocurrency mining company tried to bribe Japanese government officials to be able to open a resort in the country, according to an indictment unsealed Monday alongside the company's $10 million deferred prosecution agreement.
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November 18, 2024
Hacker's Wife Gets 18 Months For Laundering Stolen Crypto
The wife of a hacker who stole what is now billions of dollars' worth of bitcoin from the crypto exchange Bitfinex was sentenced in D.C. federal court Monday to 18 months in prison for her role in helping to launder the stolen funds.
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November 18, 2024
Bannon's 'We Build The Wall' Trial Delayed Until 2025
A New York state judge on Monday agreed to push to February the criminal trial of Steve Bannon over an alleged scheme to con donors seeking to fund new segments of the U.S. border wall, while also allowing prosecutors to introduce additional financial records at trial.
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November 18, 2024
StraightPath Execs Must Face $386M IPO Fraud Charges
A New York federal judge denied a bid Monday by three principals of Florida-based private equity firm StraightPath Venture Partners to dismiss an indictment accusing them of raising $386 million by defrauding over 2,000 investors through false promises about purchases of pre-IPO shares in private companies.
Expert Analysis
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Playing The Odds: Probing Sports Betting Allegations
With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.