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White Collar Crimes Evidence Criminal Prosecution

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

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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

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?

McGuireWoods LLP on

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

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

BakerHostetler

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

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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

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 - 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

The Volkov Law Group

DOJ Charges Two Herbalife Executives with Criminal FCPA Violations

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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

Morrison & Foerster LLP

The UK’s Serious Fraud Office Issues Guidance for Corporate Cooperation

On 6 August 2019, the UK’s Serious Fraud Office (SFO) released Guidance on what it expects from organisations seeking cooperation credit in the agency’s investigations. The long-awaited Guidance is a codified and clarified...more

The Volkov Law Group

The Ups and Downs of Cooperating Witnesses

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Criminal prosecutors understand the importance of cooperating witness to the criminal justice system. Cooperating witnesses are vital to the criminal justice system because they are in the unique position of explaining to a...more

Robinson+Cole Data Privacy + Security Insider

DOJ: Seek Data from the Business Enterprise, Not Its Cloud Provider

Where does the U.S. Department of Justice (DOJ) turn when it needs business enterprise data stored on the cloud for a criminal investigation? According to a recent DOJ memo, the default rule is now turn to the business...more

Orrick, Herrington & Sutcliffe LLP

The Propriety of Prosecutorial Bluffing

This year, the Innocence Project celebrated its 25th anniversary. With this milestone, Time magazine observed the increasing trend of exonerations of the falsely accused: “For the third year in a row the number of...more

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