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White Collar
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July 11, 2024
Biden Taps Warren Protege, Ex-CFPB Atty For CFTC Seat
President Joe Biden on Thursday nominated a senior Office of Management and Budget official and former Consumer Financial Protection Bureau attorney to the U.S. Commodity Futures Trading Commission to replace one of two current CFTC members who themselves have been nominated for other offices.
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July 11, 2024
Ozy Media CEO Urges Jury To Reject 'Shady' Fraud Case
Counsel for Carlos Watson on Thursday told a Brooklyn federal jury not to trust prosecutors' "shady" claims that the Ozy Media founder and CEO defrauded lenders and investors by falsely inflating the news and entertainment startup's bottom line.
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July 11, 2024
Texas AG Claims He's About To Be Impeached Again
In a social media post about an upcoming Texas House committee meeting, Attorney General Ken Paxton said "weak-kneed" establishment Republicans and Democrats are conspiring on a second impeachment effort to try to remove him from office — a claim the committee chair called "farfetched fantasy."
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July 11, 2024
All Grand Jury Witnesses Get Civil Immunity, Colo. Panel Says
A Colorado state appeals court held for the first time Thursday that all types of grand jury witnesses have absolute immunity for their testimony, though they don't have sweeping protection for statements made before the proceedings start.
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July 11, 2024
Pa. Man Admits To Dick's Sporting Goods Insider Trading
A Pennsylvania man who netted nearly $825,000 in profits from Dick's Sporting Goods securities has pled guilty to insider trading using tips he obtained from a company employee, according to a Thursday announcement from the U.S. Department of Justice.
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July 11, 2024
Baldwin Wasn't Only 'Rust' Actor With Live Rounds, Jury Told
Alec Baldwin's counsel established Thursday during a contentious second day of testimony in the "Rust" trial in New Mexico that he wasn't the only actor unknowingly carrying live ammunition on the film's set before the 2021 fatal shooting of a cinematographer.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Atty's Missteps Conflicted Her At Trial, Mass. Justices Say
Massachusetts' highest court on Thursday ruled that a man convicted of murder should get a new trial because his lawyer would have had to deride her own performance during her client's police interview in order to provide the best possible defense.
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July 11, 2024
YSL Prosecutors Oppose Judge's Recusal Amid Mistrial Bid
Prosecutors on Wednesday argued there is no reason Fulton County Superior Court Judge Ural Glanville should stop overseeing the ongoing racketeering trial against Atlanta rapper Young Thug and his associates, approximately an hour after the rapper moved for a mistrial.
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July 11, 2024
Judge Warns Fake-Atty Suspect Not To Blow Off Court Dates
A convicted fraudster from Long Island pled not guilty Thursday in New York federal court to charges that he earned hefty fees while posing as a lawyer in a scam targeting inmates — and also was warned not to "sick out" of court dates.
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July 11, 2024
Ex-Union Leader Gets 6 Years For Bribery, Embezzlement
John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.
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July 11, 2024
Engineering Co. Seeks Coverage Of Deal In $80M Suit
An engineering and design firm said its insurer must reimburse it for a settlement reached in an $80 million unfair business practice lawsuit, telling a Nebraska federal court the insurer wrongfully denied coverage, forcing the firm to defend itself.
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July 11, 2024
House Fails To Pass Inherent Contempt Resolution For AG
The House on Thursday failed to pass a Republican-led inherent contempt resolution for Attorney General Merrick Garland in hopes of obtaining audiotapes of President Joe Biden's interviews with special counsel Robert Hur in the classified documents investigation, but the measure's sponsor promised to try again.
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July 10, 2024
BitMEX Cops To Flouting Anti-Money Laundering Rules
Offshore crypto derivatives exchange BitMEX pled guilty in New York federal court on Wednesday to a charge alleging it violated the Bank Secrecy Act by knowingly failing to maintain adequate anti-money laundering and customer identification programs, according to the U.S. Attorney's Office for the Southern District of New York.
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July 10, 2024
Magnets Co. Must Face Export Control Violation Claims
A magnetics manufacturer couldn't ditch criminal charges that it shipped sensitive defense-related schematics to Chinese companies without a federal license, after a Kentucky judge ruled that it bears the burden of showing the data qualified for exceptions under export regulations.
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July 10, 2024
Nassar Sex Abuse Law Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled on Wednesday that a legislative change to extend civil suit deadlines for certain victims of sexual assault as minors does not apply retroactively, finding that claims from a man who said he was assaulted by a priest in the 1990s were untimely.
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July 10, 2024
Chiquita Says Ecuador Banana Co. Prez Must Be Jailed
Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
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July 10, 2024
Ex-VP Of Fla. Aerospace Co. Sentenced To Prison For Fraud
The former vice president of a Miami-based aerospace company was sentenced to just over a year in federal prison after he pled guilty to fraud-related charges in connection to a scheme that involved embezzling millions of dollars and splitting the proceeds with a co-conspirator.
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July 10, 2024
SEC Nabs $6.7M Over Fraud Scheme But Must Tweak Fines
The U.S. Securities and Exchange Commission has secured a $6.7 million order against a retired attorney and a former broker accused of fraud tied to a purported energy company, but a Brooklyn federal judge has determined that the agency must recalculate the additional fines and other relief it wants imposed upon the two men.
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July 10, 2024
Proof Of Ozy Media CEO's Fraud Is Overwhelming, Jury Told
A New York federal prosecutor on Wednesday told the jury weighing the fate of Carlos Watson that the evidence presented at trial clearly shows that the former Ozy Media CEO was at the helm of a scheme to deceive investors into backing the struggling news and entertainment startup, by falsely inflating its financials and lying about the company's prospects in order to keep it afloat.
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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.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Opinion
New Guidance On Guilty Plea Withdrawals Is Long Past Due
In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Key Takeaways From 2024 Accountants' Liability Conference
At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.