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White Collar
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
Citron Research Founder Ran 'Classic' Fraud Ploy, DOJ Says
The well-known activist short-seller Andrew Left shouldn't escape U.S. Department of Justice allegations he improperly made $16 million using bait-and-switch tactics to manipulate trading prices, prosecutors have argued, saying the indictment makes it clear he's been charged with "a classic securities fraud scheme."
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February 20, 2025
New SEC Enforcement Unit Shows Drift From Crypto Focus
The U.S. Securities and Exchange Commission continued its efforts to shift its approach to digital asset enforcement under the Trump administration when it announced Thursday that it replaced the unit responsible for many of its controversial crypto registration suits with a new fraud-focused iteration that will take a broader focus on "cyber and emerging technologies."
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February 20, 2025
SafeMoon Exec Says He'll Cop To 2 Conspiracy Charges
The chief technology officer behind the alleged SafeMoon LLC crypto fraud was a step closer to changing his not guilty plea Thursday on two of three counts of the indictment — a move that came after a Brooklyn federal judge declined to delay his co-defendant's trial last week.
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February 20, 2025
Insurer Can't Quickly Exit Broker Premium Theft Row
A Louisiana federal court rejected most arguments made by an insurer seeking to avoid professional liability coverage of a broker whose former employee stole policy premiums and failed to secure insurance for clients, leaving the company to cover around $1 million in Hurricane Laura damage.
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February 20, 2025
Jones Day Atty Exits Menendez Bribery Case As Appeal Looms
Yaakov Roth of Jones Day sought to withdraw Thursday from representing Robert Menendez following the former U.S. senator's convictions on bribery and corruption charges, leaving his Paul Hastings LLP team to steer the case at the trial level on the day after the government argued Menendez should not remain free on appeal.
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February 20, 2025
Another Ex-Allianz Exec Gets No Time For $7B Investor Fraud
A former managing director for Allianz SE's U.S. unit on Thursday avoided a term of imprisonment for his role in a ploy to con investors about the riskiness of a group of private funds that lost over $7 billion when the COVID-19 pandemic hit.
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February 20, 2025
9th Circ. OKs Bar On Ponzi Scam Suits Against Chicago Title
The Ninth Circuit on Thursday upheld a ruling barring further litigation against Chicago Title and law firm Nossaman LLP over claims they aided convicted businesswoman Gina Champion-Cain's nearly $400 million liquor-licensing loan Ponzi scheme, finding the litigation bar is necessary to protect the ongoing U.S. Securities & Exchange Commission-appointed receivership.
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February 20, 2025
Former Sports Nonprofit Employees Seek Docs In RICO Suit
Two former employees of the United States Specialty Sports Association who are suing the sports nonprofit for allegedly running an illegal sports gambling operation have asked a Florida federal judge to force the organization to hand over key documents regarding the misuse of funds and the firing of whistleblowers.
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February 20, 2025
Lottery.com Exec Indicted Over Allegedly Bogus SPAC Filings
New York federal prosecutors unveiled criminal charges Thursday against Trident Acquisitions Corp.'s former CEO, accusing the executive of duping investors about the profitability of a 2021 take-public deal involving Lottery.com Inc. before cashing out and lying under oath while privately telling alleged co-conspirators he's in "deep, deep, deep, deep water."
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February 20, 2025
Trump Executive Order Could Hinder Crypto Rules, SEC Suits
A new executive order giving the White House more power over independent agencies could slow rulemaking and enforcement activity at the U.S. Securities and Exchange Commission and even put a damper on its ability to write rules governing the cryptocurrency industry, legal experts told Law360.
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February 20, 2025
JPMorgan Has 'Buyer's Remorse' Over $175M Buy, Javice Says
Frank founder Charlie Javice believed in her student loan company, her lawyer told a Manhattan federal jury Thursday, pushing back against charges that the executive tricked JPMorgan Chase into a $175 million acquisition by claiming the case is about "buyer's remorse."
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February 20, 2025
NJ Appeals Court Says Policing Unaltered By Pot Legalization
New Jersey's intermediate appellate court ruled Wednesday that the state's recreational cannabis legalization law did not change how police go about investigating marijuana sales that are unlicensed.
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February 20, 2025
Convicted Fraudster 'Ponzied' His Way To Millions, Jurors told
The first thing prosecutors told jurors Thursday at the start of the trial of convicted fraudster Eliyahu Weinstein — who was later pardoned and then charged again — were three words they asserted show his intent to steal more than $40 million from over 200 investors.
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February 20, 2025
After Trump's Firing Vow, Last Biden US Attys In Fla. Are Out
Just days after President Donald Trump said on social media that he would terminate all remaining U.S. attorneys named by former President Joe Biden, the last two remaining Biden-era U.S. attorneys in Florida are out of their positions.
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February 20, 2025
FCPA Shake-Up May Open Bribery Loophole
New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.
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February 20, 2025
Baker Donelson Fights Docs Request In Ponzi Scheme Suit
Baker Donelson is pushing back on a request for documents in a lawsuit alleging the firm allowed a timber company's $164.5 million Ponzi scheme to unfold.
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February 20, 2025
Senate Confirms Kash Patel As FBI Director 51-49
The Senate voted 51-49 on Thursday to confirm Kash Patel to be the next director of the FBI.
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February 20, 2025
Ex-Heritage Pharma CEO Disciplined Over Price-Fixing Case
The New Jersey Supreme Court has retroactively suspended the former chief executive of Heritage Pharmaceuticals Inc. from the state bar for three years over his role in a price-fixing conspiracy.
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February 20, 2025
Mass. Man's Medicare Fraud Paid For Ferraris, Feds Say
Federal agents arrested a Massachusetts man Thursday for allegedly billing Medicare to provide orthotic braces to patients he'd never met who didn't need the devices, a nearly $30 million scheme that allowed him to purchase two Ferraris, a Mercedes-Benz and multiple luxury watches.
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February 20, 2025
Tax Trial Paused For Strip Club Boss Accused Of Hiding $5.7M
The trial of a strip club operator accused of hiding $5.7 million in income from the IRS and lying to get a pandemic relief grant was pushed back Thursday after he requested more time to allow a forensic accountant to review financial documents.
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February 20, 2025
Ex-Opioid CEO's Billing Spat With Trial Atty Lands In Court
A Manhattan federal judge teed up a briefing schedule Thursday after a fight over expenses erupted between convicted former opioid CEO Laurence Doud and the lawyer who represented him at his criminal trial, who says Doud still owes $150,000.
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February 19, 2025
Ex-CNBC Pundit Cops To Scamming Investors Out Of $2.7M
A former frequent CNBC guest pled guilty Wednesday to defrauding investors out of at least $2.7 million, part of a plea deal reached with federal prosecutors after he spent years on the lam.
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February 19, 2025
Constitutional Claims Fail To Stop SEC Insider Trading Suit
A Texas man must face U.S. Securities and Exchange Commission claims that he profited off of inside information about a Boston Scientific acquisition that he learned about from his domestic partner after a federal judge rejected his arguments that the regulator sued him unconstitutionally.
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February 19, 2025
Detroit Judge May Be Immune Despite 'Outrageous' Fake Trial
A Michigan federal judge on Wednesday said that while a Detroit judge's decision to put a teen through a "judicial-like" proceeding for falling asleep in his courtroom while on a field trip may have been "outrageous," it may not strip his ability to claim he is immune from her lawsuit.
Expert Analysis
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Conservation Easement Cases Weave Web Of Uncertainty
Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.