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White Collar
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December 02, 2024
Girardi Won't Get New Fraud Trial Despite Memory Claims
A California federal judge on Monday denied Tom Girardi's bid for a new trial after a jury found he misappropriated $15 million worth of client settlement funds, standing by a prior assessment that the disbarred attorney was "exaggerating" symptoms of mild cognitive impairment.
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December 02, 2024
BIA Aims To Exclude Evidence In Assault Liability Case
The Bureau of Indian Affairs is looking to throw out an array of evidence in a Montana federal court dispute over whether the agency is liable for a former officer's sexual assault of a Northern Cheyenne woman, arguing most of the information is based on hearsay, undisclosed opinion and privileged testimony.
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December 02, 2024
Government Mole Faces Tough Cross From Madigan's Atty
An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.
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December 02, 2024
SEC Crypto Cases To Face Review Under Trump
President-elect Donald Trump's promises of a friendlier approach to the digital asset industry means a review is coming for the U.S. Securities and Exchange Commission's controversial crypto suits, but experts agreed that this doesn't mean enforcement actions in the space will grind to a halt.
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December 02, 2024
Ga. DNA Testing Law Hinders Death Row Inmates, Suit Says
A Georgia law governing DNA testing used in capital crime cases is unconstitutional because it allows courts to decide whether death row inmates are using bids to reopen evidence as a means to delay their execution, according to a federal lawsuit.
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December 02, 2024
Biden's Pardon Is Another Blow To Special Counsel Probes
President Joe Biden's pardon of his son over the weekend marks the latest example of a special counsel investigation fizzling and raises doubts over the future use of such probes, which can drag on for years and cost taxpayers millions of dollars.
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December 02, 2024
Top Promoter Of $58M IcomTech Crypto Ponzi Gets 10 Years
A Manhattan federal judge hit a Florida cryptocurrency salesman on Monday with a 10-year prison sentence for his role in promoting the $58 million IcomTech Ponzi scheme, saying he victimized others in a "get rich quick" scam and may do so again.
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December 02, 2024
Remediation Co. Says Anadarko Can't Support Coverage Bid
An environmental remediation company urged a Texas federal court to deny Anadarko Petroleum Corp.'s bid for an early win in a dispute over coverage for a decade-old Louisiana kickback suit, saying the oil producer failed to show that it's entitled to a defense and indemnity.
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December 02, 2024
Ex-Soccer Boss Fears He'll Die While Fighting Conviction
The ailing former president of the Brazilian soccer federation urged a New York federal judge to rule on his petition to have his FIFA bribery conviction overturned, telling the court Monday that he could die before a scheduled January hearing on the issue.
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December 02, 2024
Funds Get $30M Payout From SEC's Fight With Fugitive Trader
A Connecticut federal judge has approved a receiver's plan to distribute $30 million to four Oak Management Corp. funds that were among the victims of a former in-house trader who spent a decade defrauding investors and misappropriating $67 million, court records show.
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December 02, 2024
NY Doctor To Admit Role In Brain Scan Kickback Scheme
A New York doctor has agreed to plead guilty to taking part in a kickback scheme that allegedly billed insurers approximately $1 million for unnecessary brain scans, Massachusetts federal prosecutors said Monday.
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December 02, 2024
Ex-BigLaw Atty Who Killed Wife Faces Depo Over Settlement
Former Fisher Phillips partner Claud "Tex" McIver, who is serving a prison sentence for killing his wife, is set to be deposed as soon as Tuesday as part of the legal battle in Georgia state court over who is entitled to the settlement of the wrongful death suit brought by his wife's estate.
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December 02, 2024
DEA Asserts Its Role As Proponent Of Pot Rescheduling Plan
The Drug Enforcement Administration on Monday affirmed it was acting as the proponent of a proposal to loosen federal restrictions on marijuana, and the administrative law judge said supporters of rescheduling would not get an opportunity to cross-examine DEA witnesses.
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December 02, 2024
Attorney Disbarred In NJ For Stealing $170K From Father
The New Jersey Supreme Court has disbarred a Pennsylvania attorney following her conviction in Pennsylvania for stealing nearly $170,000 from her father, according to a recently filed order.
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December 02, 2024
Miss America CEO Files $500M Suit Alleging Bankruptcy Fraud
The producer of the Miss America pageant and its related entities have filed a $500 million racketeering suit in Florida accusing developer Glenn Straub of fraudulently pushing the organization into bankruptcy in an effort to take over its assets.
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December 02, 2024
Ex-Palo Alto Engineer Fights Fraud Conviction At 9th Circ.
A former Palo Alto Networks engineer urged the Ninth Circuit on Monday to overturn his securities fraud conviction and 18-month prison sentence, arguing that he didn't have a personal relationship with the tipper and so there isn't sufficient evidence to show he traded off of insider information.
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December 02, 2024
Atty Seeks DEA Communications On Rescheduling
An attorney is suing the U.S. Drug Enforcement Administration under the Freedom of Information Act, seeking communications between the agency and anti-legalization activists as the agency holds a hearing on whether to reschedule the drug under the Controlled Substances Act.
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November 27, 2024
X Corp Says Gov't Trying To 'Muzzle' Doc In Bitter HIPAA Case
X Corp has told a Texas federal judge that government prosecutors were trying to "muzzle" a doctor accused of sharing protected patient information while talking to the press about a hospital's gender-affirming care practices, saying the government was out of line.
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November 27, 2024
Combs Remains Jailed As 4th Judge Declines To Free Mogul
A Manhattan federal judge declined Wednesday to sign off on a restrictive, $50 million bail package for Sean "Diddy" Combs, following three other judges who refused to order the mogul accused of violent sex-trafficking set free pending trial.
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November 27, 2024
Weinstein Accuses NYC Of Medical Neglect At Rikers
A lawyer representing disgraced film producer Harvey Weinstein said Wednesday that his client is suing New York City and its agencies for allegedly failing to provide adequate medical care at its Rikers Island jail complex and subjecting him to "cruel and unusual punishment" while he awaits a new trial on sexual assault charges.
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November 27, 2024
Amid Claims Of Bias, DEA To Kick Off Historic Pot Hearing
The Drug Enforcement Administration's administrative law tribunal will hold a preliminary hearing Monday on the U.S. Department of Justice's proposal to relax restrictions on marijuana, kicking off a historic process that has already been marked by allegations of agency bias.
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November 27, 2024
Compass NJ Tapped To Sell $33M Miles Guo Mansion In Ch. 11
The trustee handling the Chapter 11 of exiled Chinese businessman and convicted fraudster Miles Guo asked the Connecticut bankruptcy court to let him hire four agents with residential real estate firm Compass to sell a historic 58-room mansion in Mahwah, New Jersey.
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November 27, 2024
Ga. CPA Must Pay SEC $850K For Ponzi Scheme Role
An Atlanta certified public accountant accused of serving as a front man for a convicted former Oppenheimer & Co. adviser's $110 million Ponzi scheme was hit with a money judgment of more than $854,000 by a Georgia federal judge.
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November 27, 2024
AME Church, Retirees Ask To Drop Bishops From $90M Suit
The African Methodist Episcopal Church and employees who alleged the church and its investment providers failed to prevent a rogue employee from embezzling $90 million from their retirement plan asked a Tennessee federal court to dismiss claims against two bishops in the case, citing a settlement reached earlier this year.
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November 27, 2024
Indicted NH Justice Pushes To DQ AG's Office, Nix Charges
A New Hampshire Supreme Court justice charged with trying to interfere with a criminal investigation into her husband is seeking to have the state attorney general disqualified from prosecuting her and the charges dropped, with a hearing scheduled for Monday.
Expert Analysis
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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5 Ways SEC's Crypto Approach Could Change Under Trump
Given the Trump campaign's procrypto stance, the U.S. Securities and Exchange Commission could take a number of different approaches to crypto policy in the next administration, including pausing registration-only enforcement actions and proposing tailored rules that take into account the differences between crypto-assets and traditional securities, say attorneys at WilmerHale.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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With Precautions, AI Can Help With Suspicious Activity Filings
While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.
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Opinion
Justices Should Squash Bid To Criminalize Contract Breaches
In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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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.