News & Analysis as of

Criminal Prosecution Wire Fraud Criminal Convictions

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

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On July 2, 2025, the U.S. Court of Appeals for the Second Circuit ruled in United States v. Lopez that foreign commercial bribery schemes fall within the ambit of the honest services wire fraud statute, 18 U.S.C. §...more

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

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On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reiterates, in a Published Decision, That Defendant is Bound by Decision to Decline Oral Pronouncement of...

In United States v. Lewis, the Second Circuit (per curiam) affirmed the judgment of conviction of Chanette Lewis, who had pleaded guilty to two counts of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371.  The...more

Benesch

From the NBA Finals to Federal Prison - “Big Baby” Sentenced to 40 months in NBA Healthcare Plan Scheme

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Former NBA player Glen “Big Baby” Davis was sentenced to 40 months in prison after being convicted for his role in a scheme to defraud the NBA healthcare plan. Davis’ sentence comes almost a year after the scheme’s...more

Health Care Compliance Association (HCCA)

‘If Only She Could Have Been Stronger’: Miami Trial Fraud Leads to Prison, Personal Loss

In September 2015, while working in an office on the grounds of Mercy Hospital in Miami, Ivette Maria Portela Martinez learned about an upcoming clinical trial for treatment of symptoms of Clostridium difficile infections and...more

BakerHostetler

Jury Finds Former NFT Marketplace Manager Guilty of 'Insider Trading' Wire Fraud Scheme and Money Laundering

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On May 3, 2023, a jury found Nathaniel Chastain, a former manager of OpenSea (a major NFT marketplace), guilty of wire fraud and money laundering in connection with his attempts to conceal his use of confidential business...more

Maynard Nexsen

Supreme Court, First Circuit Curtail Broad Government Theories in Federal Fraud Prosecutions

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Last week, the Supreme Court of the United States issued two opinions that vacated criminal convictions for honest services fraud and reshaped the ways in which the federal government can prosecute alleged offenders....more

Baker Donelson

Supreme Court Again Restricts Honest-Services Fraud

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On May 11, 2023, in Percoco v. United States, 598 U.S. ___ (2023), the U.S. Supreme Court once again reined in an expansive public corruption prosecution brought by the Department of Justice by overturning a wire fraud...more

BakerHostetler

Supreme Court Limits Criminal Fraud to Deprivation of 'Traditional Property Interests'

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As discussed in our alert following the oral argument in this case, in Ciminelli v. United States, a construction company executive named Louis Ciminelli appealed his wire fraud conviction in connection with bid rigging...more

BakerHostetler

AD-ttorneys@law - January 2023 #2

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Introducing Our Secret Plan to Fight Inflation - It’s simple: Don’t fall afoul of the FTC - ’Twas Ever Thus - Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more

Dorsey & Whitney LLP

Home-Health Services Company Settles After Allegations of Double-Billing Scheme

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The Department of Justice recently announced that a home-health services company has agreed to pay over $45,000 to resolve alleged False Claims Act (“FCA”) violations. Professional Family Care Services, Inc. (“PFCS”), a North...more

ArentFox Schiff

Investigations Newsletter: Millennial Couple Faces Twenty Years in Prison for Largest DOJ Bitcoin Seizure in History

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Millennial Couple Faces Twenty Years in Prison for Largest DOJ Bitcoin Seizure in History - On February 7, 2022, authorities arrested a husband and wife in their 30s, Ilya Lichtenstein and Heather Morgan, accused of...more

The Volkov Law Group

DOJ Loses Another Libor-Rigging Case on Appeal

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The Justice Department trumpeted its criminal prosecutions against defendants charged with Libor-rigging.  It had a right to toot its own horn.  But many of these convictions have not withstood the scrutiny of appellate...more

McGlinchey Stafford

Substantial Sentence Likely for Convicted Theranos CEO Elizabeth Holmes

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The federal conviction of Elizabeth Holmes on Monday night, January 3, 2022, has been of great interest in legal and business circles. One question that has been consistently asked in various media reports is what type of...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Owner of Stock Holding Company Sentenced to 4 1/2 Years for Securities Fraud

On February 16, 2021, U.S. District Judge Jeffrey Schmehl sentenced Robert McCabe to 4 1/2 years in federal prison and ordered McCabe to pay over $1.1 million in restitution to the more than 40 victims of his decade-long...more

Cozen O'Connor

Notice of Appeal - Fall 2020

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Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more

Sullivan & Worcester

SEC COVID-19 Relief: Forms 144

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The SEC staff is providing temporary relief to those affected by COVID-19 regarding Forms 144 submitted for the period from and including April 10, 2020 to June 30, 2020. The Division of Corporation Finance staff will allow...more

ArentFox Schiff

Investigations Newsletter: NY Investment Firm to Pay $35 Million to Resolve Fraud Allegations

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NY Investment Firm to Pay $35 Million to Resolve Fraud Allegations - New York-based investment firm International Investment Group LLC (IIG) agreed to pay the Securities and Exchange Commission (SEC) over $35 million to...more

WilmerHale

FCPA Litigation Update: DOJ Theories on Unit of Prosecution and Agency Tested, to Mixed Results

WilmerHale on

Two recent rulings in separate foreign bribery cases highlight the continued impact of individual prosecutions on the interpretation of various provisions of the Foreign Corrupt Practices Act (FCPA). In United States v....more

Butler Snow LLP

Federal judge provides reminder that fraudulent mass tort litigation can carry criminal, as well as civil, consequences

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Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more

WilmerHale

Insider Trading Law Alert: The Second Circuit Clears the Path for Insider Trading Convictions Absent a Dirks Personal Benefit

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On December 30, 2019, the Second Circuit issued a consequential insider trading decision in United States v. Blaszczak. In Blaszczak, the Second Circuit faced the question whether the “personal benefit” test set forth in...more

ArentFox Schiff

Investigations Newsletter: Former Drugstore Executive Receives Two-Year Sentence, Ordered to Pay $6.3 Million for Kickback Scheme

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Former Drugstore Executive Receives Two-Year Sentence, Ordered to Pay $6.3 Million for Kickback Scheme - A Pennsylvania federal judge sentenced a former Rite-Aid advertising executive to two-years imprisonment and ordered...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Affirmation of Criminal Conviction Based on Circumstantial Evidence

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Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendant appealed his criminal conviction for wire fraud, money laundering, and securities fraud claiming the government failed to prove fraudulent...more

ArentFox Schiff

Investigations Newsletter: Patient Recruiter Convicted in $1.3 Million Kickback Conspiracy Scheme

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Patient Recruiter Convicted in $1.3 Million Kickback Conspiracy Scheme - After a six-day trial, a federal jury in Detroit found a patient recruiter guilty of one count of conspiracy to pay and receive health care...more

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