News & Analysis as of

White Collar Crimes Evidence

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses

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This is the first of a continuing series of summaries written by Jackson Walker partner, Joe Magliolo, and his colleagues, of new, published Fifth Circuit criminal opinions, with occasional forays into other subjects of...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

Carlton Fields on

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

HaystackID

[Webinar] Discovering Data Quickly in High-Stakes White-Collar Investigations - March 12th, 11:00 am - 12:00 pm CDT

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White-collar crimes present investigators with intricate challenges that require precision, expertise, and advanced technology. In today’s high-profile investigations, the stakes couldn’t be higher, with reputations,...more

Epstein Becker & Green

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

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On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the...more

McGuireWoods LLP

Why Doesn’t the Crime-Fraud Exception More Frequently Swallow the Attorney-Client Privilege?

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Criminal defendants accused of white-collar crimes often deal with lawyers before and even while engaged in their alleged criminal misconduct. All or most lawyers have the vague notion that the attorney-client privilege can...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

Oberheiden P.C.

IRS/Tax Whistleblower Guide

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Anyone who has obtained evidence that a person or company is committing tax fraud or evasion can become a whistleblower by reporting it to the Internal Revenue Service (IRS). Due to the volume of reports that the agency...more

Lippes Mathias LLP

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

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The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the...more

Cozen O'Connor

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

Cozen O'Connor on

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

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

Cozen O'Connor

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

Cozen O'Connor on

BACKGROUND- A sugar distributor sought to acquire a sugar producer. The district court determined that the relevant product market included distributors as sources of refined sugar, in addition to sugar producers. The...more

Carlton Fields

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege...

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Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more

BakerHostetler

Federal Prosecutors to Assess Procedures Around Use of Personal Devices and Messaging Applications When Evaluating Corporate...

BakerHostetler on

In a March 3 speech at the ABA’s Annual National Institute on White Collar Crime, Kenneth Polite, chief of the DOJ’s Criminal Division, announced that the Criminal Division’s Evaluation of Corporate Compliance Programs (the...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics

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Cell phones, tablets, laptops… your digital fingerprint can be more extensive than you realize. Dive deep into computer forensics as Lacey Walker, Jr., President of the Computer Forensics Practice LLC, and Matthew Adams,...more

Jones Day

Australia-U.S. Cooperation in Criminal Cases

Jones Day on

U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States—even without having offices or any physical presence in the United...more

The Volkov Law Group

When Federal Prosecutors Break Bad – Federal Judge Orders Investigation of Prosecutors’ Misconduct in Criminal Sanctions Case

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Federal prosecutors take an oath to execute their duties faithfully. Yet, like all professions, some federal prosecutors have violated this oath. For years, prosecutorial misconduct has come under heightened scrutiny.  Do not...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

Cozen O'Connor

Notice of Appeal - Fall 2020

Cozen O'Connor on

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

K&L Gates LLP

Voluntary Disclosure: Newsflash – October 2020

K&L Gates LLP on

In this episode, we examine how two criminal defendants are aiming to leverage parallel FCPA investigations by the SEC and the DOJ to build their defense. We’ll also offer our thoughts on the SEC’s new (and improved?)...more

McGlinchey Stafford

Search Warrant Protocol: Stop a Bad Day from Getting Worse [More with McGlinchey Ep. 6]

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Whether they’re federal, state, or local, when agents knock on your door with a search warrant, you’ve already had a bad day. With a few simple tips, you can keep it from getting worse. In this episode of “More with...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: Michael Horowitz, Inspector General at the Department of Justice, on Conducting High Profile Internal...

Michael Horowitz, the Inspector General at the US Department of Justice, has long been involved in the compliance community and even served as a member of the advisory board of the Society of Corporate Compliance & Ethics. ...more

Hogan Lovells

Cryo-currency? Hong Kong Court grants freezing injunction over bitcoins

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A Hong Kong court has granted an injunction freezing the assets of a French cryptocurrency trader in a dispute over what happened to bitcoins held in an insolvent trading platform. In Nico Constantijn Antonius Samara v Stive...more

The Volkov Law Group

DOJ Tweaks FCPA Corporate Enforcement Policy

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The Department of Justice recently announced updates to its Foreign Corrupt Practices Act Corporate Enforcement Policy. While the changes were relatively minor, the modifications underscored important principles surrounding...more

The Volkov Law Group

DOJ Charges Two Herbalife Executives with Criminal FCPA Violations

The Volkov Law Group on

Last week, DOJ announced the indictment of two former Herbalife executives in China for participating in a bribery scheme over a ten-year period.  Herbalife, a multi-level marketing company, was not charged and its...more

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