News & Analysis as of

White Collar Crimes Appellate Courts

Perkins Coie

US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

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The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their...more

Carlton Fields

Florida Appeals Court Decisions Week of March 10 - 14, 2025

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U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more

White & Case LLP

Course correction: The Supreme Court’s decision in El-Khouri and its impact on extraterritoriality in money laundering cases

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The UK Supreme Court has handed down its decision in El-Khouri (Appellant) v Government of the United States of America (Respondent). Amongst other things, the judgement has overturned the often-criticised Court of Appeal...more

Perkins Coie

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

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On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. The case squarely assesses the validity of the “fraudulent inducement” theory of mail and wire fraud under federal...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

Bradley Arant Boult Cummings LLP

“No Good Deed Goes Unpunished”: 11th Circuit Criticizes Government’s Failure to Exercise Prosecutorial Discretion 

The phrase “no good deed goes unpunished” represents the figurative irony that results when one seeking to help gets penalized instead. United States v. Moore, a recent decision from the 11th Circuit Court of Appeals,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Increases Defendants' Exposure in White Collar Cases, Interpreting 'Loss' as Either Actual or Intended Financial...

For years, it has been unsettled in the Fourth Circuit Court of Appeals whether a white-collar defendant may be held accountable for intended loss amounts during sentencing in fraud and other financial harm cases. Prosecutors...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar...

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From circuit courts to the Supreme Court, rulings from appellate courts have turned some tried-and-true principles of law on their head in 2024. How have the decisions affected the practice of white-collar criminal defense...more

Cozen O'Connor

Notice of Appeal - Summer 2024

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A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays,...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

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Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Spring 2023

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Court Determines That ‘Obviously Wrong’ Crime Does Not Require Proof of Blameworthy Intent- United States v. Heinrich (January 23, 2023), No. 21-2723- http://www2.ca3.uscourts.gov/opinarch/212723p.pdf Unanimous decision:...more

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