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White Collar
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August 02, 2024
Cognizant Bribery Trial Delayed Again — Until 2025
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.
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August 02, 2024
Mich. Judge DQ'd Over 'Disdain' Of Ineffective-Counsel Claims
A Michigan state judge showed bias in favoring a criminal defendant's trial counsel who had previously clerked for the court, a state appeals court found Thursday, disqualifying the judge from presiding over the defendant's ineffective-assistance of counsel hearing.
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August 02, 2024
St. Louis Attys Can't Get Acquittal In $4M Tax Avoidance Case
Two Missouri-based attorneys, a father and daughter duo found guilty of participating in a $4 million tax avoidance scheme, will not be granted a new trial or an acquittal, despite their assertions that a number of errors tainted their trial, a North Carolina federal judge ruled Friday.
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August 02, 2024
Manhattan DA Slams Trump's 'Regurgitated' Recusal Bid
The Manhattan district attorney pilloried Donald Trump's renewed request for the judge overseeing his hush money case to recuse himself, branding it a "regurgitated" attempt to rehash issues the court already decided without any new facts — besides Kamala Harris' presidential bid.
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August 02, 2024
Sister-In-Law Ordered To Testify In Hunter Biden Tax Case
A California federal judge ordered Hunter Biden's sister-in-law, with whom he was romantically involved, and her sister to testify at his upcoming criminal trial in which he is accused of scheming to avoid paying $1.4 million in taxes.
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August 02, 2024
Judge Snuffs Out Collectibles Exec's Bid For New Fraud Trial
A New York federal judge has spurned the efforts of a collectibles entrepreneur convicted of fraud to get a new trial, saying notes the defendant believes would have swayed the outcome are not as important as he thinks and probably inadmissible.
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August 02, 2024
Alec Baldwin's Prosecution Ripped In 'Rust' Order
A New Mexico judge who dismissed the "Rust" shooting case against Alec Baldwin has issued a scathing order finding that the lead prosecutor "intentionally and deliberately" withheld evidence from the defense, gave "inconsistent" testimony during an evidentiary hearing and elicited false testimony from a witness.
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August 02, 2024
3 Real Estate Investors Cop To $119M Mortgage Fraud Scheme
A trio of real estate investors has admitted to running an extensive, multiyear conspiracy to defraud Fannie Mae by getting the company to purchase or fund $119 million worth of mortgage loans so they could acquire residential and commercial properties, the U.S. Department of Justice announced Thursday.
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August 01, 2024
Avantor Will Pay $5M To Settle FCA Claims Against Subsidiary
Biotech company Avantor Inc. has agreed to shell out $5 million to resolve allegations its laboratory supplies subsidiary VWR International overcharged federal agencies for goods despite agreeing to give discounts, a federal prosecutor announced on Thursday.
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August 01, 2024
GPB Capital Execs Convicted Of Fraud For $1.8B Scheme
A New York federal jury on Thursday convicted former GPB Capital executives of wire and securities fraud charges stemming from allegations they ran the private equity fund like a $1.8 billion Ponzi scheme, according to an announcement from the U.S. Department of Justice.
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August 01, 2024
SEC Wants Win In Suit Over Ex-Morgan Stanley Rep's Scam
The U.S. Securities and Exchange Commission has asked a North Carolina federal judge for a win in a lawsuit against an ex-Morgan Stanley representative serving time for running a $4.8 million Ponzi scheme, arguing summary judgment is proper given the seven-year prison sentence and penalties issued against the defendant in the parallel criminal case.
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August 01, 2024
Ex-Philly Union Leaders On The Hook For Union's Legal Fees
Former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty will have to pay 90% of the attorney fees that the International Brotherhood of Electrical Workers Local 98 incurred while participating in the government's public corruption and embezzlement cases against him, a federal judge said Thursday.
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August 01, 2024
DOJ Unveils Whistleblower Pilot, But Garners Atty Criticism
The U.S. Department of Justice on Thursday officially launched its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct, although some whistleblower attorneys decried the program's award caps and what they described as its lack of enforceability.
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August 01, 2024
BNY's Pershing Hit With $1.4M FINRA Recordkeeping Fine
BNY subsidiary Pershing will pay the Financial Industry Regulatory Authority a $1.4 million fine to resolve claims that it misstated interest rates for variable rate securities on millions of account statements for more than 12 years.
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August 01, 2024
Montenegro Court Affirms Kwon's Extradition To South Korea
Terraform Labs founder Do Kwon is set to face criminal charges over the crypto project's collapse in South Korea after the Appellate Court of Montenegro on Thursday upheld a lower court's decision to refuse an extradition request from the U.S.
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August 01, 2024
Chancery Denies Ex-InterMune CEO $6M Legal Fee Right
Delaware's Chancery Court rejected on Thursday a bid by former InterMune CEO W. Scott Harkonen to escape demands to repay nearly $6 million in legal fees covered by biotech venture InterMune Inc. and insurers during his unsuccessful defense against a 2009 wire fraud conviction, denying all claims for legal fee indemnification.
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August 01, 2024
Prisoner Swap Includes Russian Convicted Of Insider Trading
A Kremlin-linked Russian national serving nine years for the largest insider trading case ever prosecuted in the U.S. was among the 24 people freed Thursday in an elaborate prisoner swap that included American journalist Evan Gershkovich and former Marine Paul Whelan.
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August 01, 2024
Manhattan DA Charges Crypto Recovery Biz Owner With Fraud
Manhattan prosecutors announced fraud and larceny charges on Thursday against the New York owner of a purported asset recovery business that allegedly charged customers fees while making false promises to recover cryptocurrencies.
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August 01, 2024
Texas AG Paxton Promotes Deputies From Strategy, Appeals
The Texas Office of the Attorney General announced a series of promotions Thursday, appointing Ralph Molina as deputy first assistant attorney general, Joseph Mazzara as special counsel to the attorney general and to the first assistant attorney general, Ryan Baasch as associate deputy attorney general for civil litigation and Amy Hilton as chief of the Healthcare Program Enforcement Division.
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August 01, 2024
Feds Urge Against Steve Bannon's En Banc Rehearing Bid
The federal government is urging the D.C. Circuit not to revisit its long-standing precedent on the meaning of the contempt of Congress law as former Donald Trump aide Steve Bannon looks to undo his conviction under the statute.
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August 01, 2024
Former NC Paralegal Gets 30 Months For $2M Embezzlement
A former paralegal was sentenced to two and a half years in prison on Thursday for embezzling more than $2 million from the clients of a North Carolina law firm, with a federal judge agreeing to reduce the government's recommended 41-month prison sentence.
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August 01, 2024
NY Appeals Court Upholds Trump Gag Order
A New York appeals court on Thursday rejected Donald Trump's bid to strike down a gag order that bars him from threatening court and district attorney staff in his criminal hush money case ahead of his scheduled sentencing next month, as the former president renewed his bid to vacate his conviction following the U.S. Supreme Court's immunity ruling.
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August 01, 2024
Defendant Dead After Jumping From Denver Courthouse
Denver police were investigating a death Thursday at the Lindsey-Flanigan Courthouse after a criminal defendant jumped from one of the building's upper floors, leading to the court's temporary closure.
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August 01, 2024
Mass. Could Be New Front In The Battle Over Jury Trial Right
Following the U.S. Supreme Court's ruling granting defendants facing administrative civil penalties the right to a jury trial, experts say a similar challenge in Massachusetts is likely, but may not find as receptive a judicial audience.
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August 01, 2024
Schumer And Senate Dem Bill Would Reverse Trump Immunity
Senate Majority Leader Chuck Schumer, D-N.Y., and more than 30 of his Democratic colleagues introduced a bill on Thursday to undo the U.S. Supreme Court's ruling that former President Donald Trump has immunity for official acts.
Expert Analysis
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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.
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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.