White Collar

  • April 17, 2024

    Ex-JPMorgan Analyst Liked 'Winding Up' Autonomy CEO, Jury Told

    A former JPMorgan stock analyst testifying Wednesday in the criminal fraud trial of former Autonomy CEO Michael Lynch said that he "took pleasure in winding up Lynch" and once even used a Hitler analogy to describe his performance, but said his critical coverage was never personal.

  • April 17, 2024

    'It Has To End': Justices Mull Finality In 32-Year Murder Saga

    In its second review of drug-fueled, baseball bat killings during the presidency of George H.W. Bush, the U.S. Supreme Court on Wednesday pondered steering an Arizona man's capital punishment challenge toward conclusion, perhaps by handling evidentiary tasks normally left to lower courts.

  • April 17, 2024

    'I Am Mad': Client Regrets Trusting Atty Accused Of Tax Fraud

    Emotions ran high Wednesday in a North Carolina federal courtroom as former clients unwittingly roped into an alleged tax fraud scheme took the stand, one of whom was openly exasperated at learning he'd been misled by the two attorneys and an insurance agent who are on trial.

  • April 17, 2024

    Sentencing Commission Limits Acquitted Conduct Sentencing

    The U.S. Sentencing Commission on Wednesday voted to restrict the controversial practice of considering acquitted conduct in federal sentencing, and floated the possibility of applying the change retroactively.

  • April 17, 2024

    Menendez Trial Date In Limbo Over Pact On Atty's Testimony

    A co-defendant's reticence has stalled an agreement on the scope of a Gibbons PC attorney's testimony in the bribery case of U.S. Sen. Robert Menendez and two New Jersey businessmen, leaving the much-litigated trial date of May 6 in limbo.

  • April 17, 2024

    Ex-Trump Atty: Colo. Discipline Claims Barred By Prior Case

    Former Trump attorney Jenna Ellis has told a Colorado disciplinary judge that the state can't bring a pair of new claims against her for criminal conduct and dishonesty related to her guilty plea in Georgia, arguing that the state could have investigated those issues in an earlier case but did not.

  • April 17, 2024

    Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad

    A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.

  • April 17, 2024

    How Pro Leagues Are Grappling With Sports Betting Blues

    The NBA on Wednesday banned Toronto Raptors forward Jontay Porter for life for violating its gambling rules, making it the latest professional sports league to face betting-related problems in wake of the U.S. Supreme Court's 2018 decision striking down a federal law prohibiting states from legalizing sports betting. Here, Law360 looks at the recent sports betting issues, infractions and penalties that professional leagues have had to handle.

  • April 17, 2024

    Gov't Officials Urge Global Cooperation On Taxing Wealth

    Global cooperation on taxing the wealthiest individuals and companies is necessary to address climate change and create social justice, government officials from Brazil, France and Nigeria said Wednesday at the International Monetary Fund's spring meeting.

  • April 17, 2024

    Judge Says Ex-Bank Rep Worse Than Robber For Film Fraud

    An Illinois federal judge handed down a 2½-year prison sentence Wednesday for a former Citigroup and Wells Fargo financial adviser who admitted to swindling clients out of nearly $1.5 million by soliciting them to invest in purported movie productions, saying the only difference between her and a bank robber is that "she didn't have a mask and a gun."

  • April 17, 2024

    'Ringleader' Of Black Market HIV Drug Scam Gets 9 Years

    A New York federal judge on Wednesday sentenced a pharmacy operator to nine years in prison for spearheading a $13 million scheme to sell black market HIV medication and collect fraudulent reimbursements from Medicaid and Medicare.

  • April 17, 2024

    Trader's Alleged $110M Mango Markets Fraud In Jury's Hands

    A Manhattan federal jury weighed charges Wednesday against a cryptocurrency trader accused of illegally squeezing $110 million out of Mango Markets by inflating the finance platform's tokens, then borrowing against them, allegedly taking "supply and demand into his own hands."

  • April 17, 2024

    Ex-Union Leader Wielded 'Financial Ruin' At Jobsite, Jury Told

    Prosecutors told a federal jury Wednesday that ex-Philadelphia labor leader John Dougherty threatened a jobsite manager with "financial ruin" if the man refused to pay his nephew, Gregory Fiocca, despite spotty attendance during the construction of the Live! Casino.

  • April 17, 2024

    Rebut Or Regret? Baldwin Faces Quandary In 'Rust' Trial

    The stiff prison sentence handed to the "Rust" film armorer convicted of involuntary manslaughter in the fatal on-set shooting of a cinematographer offers potential lessons for actor-producer Alec Baldwin, who experts say must walk a fine line between denying fault and expressing sympathy over his involvement in the tragic incident as he faces trial on the same charge.

  • April 17, 2024

    Swedish Tax Investigations Add $90M To Crypto Miners' Bills

    Investigations revealed that a number of cryptocurrency mining centers in Sweden misrepresented their business dealings, which led to the Swedish Tax Agency doling out a total of 990 million Swedish krona ($90 million) in increased tax liabilities, the agency said Wednesday.

  • April 17, 2024

    Bankman-Fried Appeal May Cite Unusual Preview Testimony

    Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

  • April 17, 2024

    Panel Agrees Pot Investor's Deal In 2017 Suit Nixes 2019 Suit

    A Washington state appeals court has thrown out an investor's suit alleging that a cannabis venture failed to follow through on a deal to acquire ownership interest in exchange for a $650,000 investment, finding his settlement of a prior suit block his claims.

  • April 17, 2024

    Manatt Adds NY Bankruptcy, Financial Regulatory Partners

    Manatt Phelps & Phillips LLP announced that it hired a pair of experienced New York-based attorneys who focus their practices on regulatory matters as partners in its bankruptcy and financial regulatory practices.

  • April 17, 2024

    Ex-Pharma Exec's Contempt Plea Rejected By Judge

    A Massachusetts federal judge on Wednesday rejected a former pharmaceutical executive's agreement to plead guilty to contempt for using an alias to get around a consent judgment in a U.S. Securities and Exchange Commission fraud case, saying both the former executive and the government knew he'd view the sentence as too low.

  • April 17, 2024

    'Fat Leonard' Prosecutors Say 5 More Plea Deals Tainted

    Federal prosecutors in San Diego have agreed to let several former U.S. Navy officers withdraw their felony pleas in the "Fat Leonard" bribery scandal, citing "serious" lapses that wiped out other convictions in the high-profile case.

  • April 17, 2024

    Judge Delays Trial Over $20M Allegedly Hidden From IRS

    A Florida federal judge agreed Wednesday to delay the trial of a Brazilian-American businessman accused of hiding $20 million from the Internal Revenue Service by using Swiss bank accounts, but told the defendant the new deadlines are firm.

  • April 17, 2024

    Stormy Daniels Says Trump Flubbed Subpoena At Nightclub

    Stormy Daniels, the adult film star at the center of Donald Trump's hush money case, said the former president failed to properly serve her with a subpoena seeking evidence of alleged bias last month after the man dropped the papers at her feet outside a Brooklyn nightclub.

  • April 17, 2024

    Justices Rule Criminal Forfeiture Deadline Isn't Absolute

    The U.S. Supreme Court held Wednesday that courts can issue forfeiture orders at sentencing in criminal cases even if prosecutors fail to submit a draft request prior to the court-ordered date, ruling noncompliance with the rule doesn't strip judges of the authority to direct defendants to hand over ill-gotten gains.

  • April 17, 2024

    Menendez's Defense Could Target Wife, Court Records Show

    U.S. Sen. Robert Menendez, facing trial next month on bribery and corruption charges, may resort to blaming his wife for concealing that anything about the couple's dealings with three New Jersey businessmen could be illegal, newly unsealed court papers show.

  • April 16, 2024

    Autonomy CEO Pressured JPMorgan Over Analyst, Jury Told

    An ex-JPMorgan stock analyst testifying Tuesday in the criminal fraud trial of former Autonomy CEO Michael Lynch told jurors that the software company founder responded with hostility when his research reports questioned its growth, and that Lynch offered JPMorgan millions in business if he were taken off the Autonomy beat.

Expert Analysis

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Opinion

    DOJ Press Office Is Not Fulfilling Its Stated Mission

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    The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.

  • Reducing Risk While DOJ Plans New Whistleblower Rewards

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    In light of the Department of Justice's newly announced plan to create a comprehensive whistleblower reward program to fill the gaps in the current patchwork of federal incentives, companies should mitigate their risk of external claims now by implementing internal systems where employees can confidently and anonymously report concerns, say Caleb Hayes-Deats and Walter Hawes at MoloLamken.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • DOJ's Safe Harbor Policy May Quietly Favor M&A Enforcement

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    In a change that has received little attention, the U.S. Justice Department's recently codified safe harbor policy essentially reads the Antitrust Division's criminal enforcement out of the policy entirely, and now appears to favor merger enforcement in antitrust, rather than criminal enforcement, as originally intended, say Daniel Oakes and James Attridge at Axinn.

  • Takeaways From The 2023 DOJ Fraud Section Report

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    Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • Why Individual Officers Are BSA-AML Enforcement Targets

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    Banking compliance professionals should use recent enforcement actions against individual officers at both Sterling Bank and the New York State Employees Credit Union to assess whether they are equipped with the tools and authority necessary to avert deficient Bank Secrecy Act and anti-money laundering compliance, says Sam Finkelstein at Volkov Group.

  • 5 Issues To Consider When Liquidating Through An ABC

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    Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • How Harsher Penalties For AI Crimes May Work In Practice

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    With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.

  • 2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.

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    The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • NY Bond, Enforcement Options As Trump Judgment Looms

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    In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.

  • Compliance Steps After ABA White Collar Crime Conference

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    Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.

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