White Collar Crime

  • New York Law Journal

    Silver Wins Motion for SCOTUS Writ

    By B. Colby Hamilton | August 3, 2017

    Former state Assembly Speaker Sheldon Silver will get to remain a free man a little bit longer, thanks to a new ruling from a federal appeals panel.

  • The American Lawyer

    Davis Polk Partner Joins Mueller's Russia Investigation Team

    By Meghan Tribe | August 2, 2017

    Greg Andres, a 13-year veteran of the U.S. Department of Justice, has left Davis Polk & Wardwell's New York office to become the 16th lawyer on a team led by special counsel Robert Mueller III—formerly of Wilmer Cutler Pickering Hale and Dorr—probing potential Russian interference in the 2016 U.S. presidential election.

  • New York Law Journal

    Shkreli Jurors Mark Second Day With Queries on Intent, Investment Term

    By Andrew Denney | August 1, 2017

    Jurors in the Martin Shkreli securities fraud trial did not reach a verdict on Tuesday, the second day of deliberations, but issued their first substantive jury note, in which they asked the court to define "fraudulent intent" and the investment term "assets under management."

  • New York Law Journal

    Executing Search Warrants in the Digital Age: 'United States v. Wey'

    By Robert J. Anello and Richard F. Albert | July 31, 2017

    White-Collar Crime columnists Robert J. Anello and Richard F. Albert look at a recent high-profile Fourth Amendment victory for the defense in 'U.S. v. Wey' in light of the Second Circuit's final opinion in 'U.S. v. Ganias,' as well as a recent decision in 'In re 650 Fifth Avenue and Related Properties,' which declined suppression despite agents' reliance on a search warrant having constitutional infirmities strikingly similar to those in 'Wey.'

  • New York Law Journal

    Prosecutors, Litigators Face New Reality After 'Allen'

    By B. Colby Hamilton | July 28, 2017

    Federal law enforcement's growing reliance on foreign partners as U.S. prosecutors build cases against targets abroad will have to adjust to a new reality after the Second Circuit curtailed compelled testimony use in cross-border prosecutions.

  • New York Law Journal

    Contrasting Views of Investors Dominate Closings in Shkreli Trial

    By Andrew Denney | July 27, 2017

    Lawyers making closing arguments in the securities fraud trial of ex-pharmaceutical executive Martin Shkreli on Thursday painted contrasting portraits of investors who were allegedly defrauded by the so-called "Pharma Bro."

  • New York Law Journal

    Federal Courts Lack Authority to Decide Insider Trading Criminal Cases

    By Hervé Gouraige | July 27, 2017

    Hervé Gouraige writes: The federal courts since the 1960s have imposed criminal sanctions for insider trading violations, based on a statute that authorizes criminal sanctions for violations of rules promulgated by the SEC and an SEC regulation that prohibits, without defining, conduct we have come generally to call "insider trading." Yet, in 1812 the U.S. Supreme Court held that federal courts lack constitutional authority to define criminal conduct and decide common-law criminal cases. It is time for the federal courts to get out of the business of enforcing an administrative agency's rule as a crime.

  • National Law Journal

    SEC Issues Whistleblower Award to Government Agency Employee for First Time

    By Sue Reisinger and C. Ryan Barber | July 25, 2017

    The Securities and Exchange Commission on Tuesday awarded nearly $2.5 million to a government worker who helped regulators launch an investigation and eventually crack down on a company's misconduct, the first such whistleblower bounty issued to an employee of a government agency.

  • New York Law Journal

    Ex-Arent Fox Partner's Info Leads to Insider Trading Plea

    By B. Colby Hamilton | July 25, 2017

    Former Long Island investment adviser Tibor Klein, who pleaded guilty Tuesday to a single count of conspiracy to commit securities fraud, was accused of using information obtained from his client and friend, former Arent Fox partner Robert Schulman, about the $3.6 billion merger of Pfizer Inc. and King Pharmaceuticals.

  • New York Law Journal

    As Trial Nears End, Brafman Says Shkreli Won't Testify

    By Andrew Denney | July 24, 2017

    The securities fraud trial for pharmaceutical executive Martin Shkreli, now in its fifth week, is grinding to its conclusion.

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