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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
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
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
On May 23, 2025, the District Court for the Southern District of New York (SDNY) overturned a jury verdict against Mango Markets trader Avraham Eisenberg, granting a motion for judgment of acquittal based on venue...more
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
UCHealth Settles FCA Violations for $23 Million - On November 12, the US Department of Justice (DOJ) announced that University of Colorado Health (UCHealth) agreed to resolve allegations that it violated the False Claims...more
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
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
Hospital Executive and Three Physicians to Pay More Than $880,000 to Resolve Kickback Allegations - On Monday, December 4, 2023, a Lexington, Texas, hospital executive and three health care providers agreed to pay more...more
Lab Owner Sentenced to Over 16 Years for Health Care Fraud, Money Laundering - On September 26, 2023, a US District Judge for the Western District of North Carolina sentenced a Charlotte lab owner, Donald Booker, to over...more
Arkansas Men Convicted in $18 Million Global Investment Fraud Conspiracy - A federal jury in the Western District of Arkansas convicted four men of conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money...more
Recent Filings Shed Light on DOJ’s View of Supreme Court’s Recent FCA Ruling - On June 1, 2023, the US Supreme Court explained that an assessment of a defendant’s subjective beliefs — rather than what an objectively...more
Surgeon To Pay Up to $43 Million for FCA Fraud - A Michigan vascular surgeon, Vasso Godiali, was sentenced to 80 months in prison for defrauding health care programs in connection with his submission of false claims for...more
In January, we blogged on the Southern District of New York sentencing of Danske Bank to three years of probation and a forfeiture of $2.059 billion. As we noted at the time, the bank was charged with bank fraud, rather than...more
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
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
In a pair of criminal cases , the U.S. Supreme Court delivered a one-two punch to the Justice Department’s prosecution of corruption cases based on violations of the criminal wire fraud statute. In Ciminelli v. U.S., and...more
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
On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court...more
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
Today, the Supreme Court of the United States issued five decisions: National Pork Producers Council v. Ross, No. 21-468: This case involved a constitutional challenge to California’s “animal cruelty law” known as...more
On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar...more
In United States v. Mendlowitz, the Second Circuit (Kearse, Pooler, and Menashi) issued a summary order in which the panel affirmed the defendant-appellant’s conviction for wire fraud and conspiracy to commit wire fraud....more
In what seems destined to be a landmark Delaware Court of Chancery decision, Vice Chancellor J. Travis Laster denied former McDonald’s Executive Vice President and Global Chief People Officer David Fairhurst’s motion to...more
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