By Scott Flaherty | October 29, 2018
Darren Ofsink was one of a number of people indicted in 2015 over a so-called "pump-and-dump" scheme. His guilty plea to a conspiracy charge last year triggered an automatic disbarment.
New York Law Journal | Analysis
By Evan T. Barr | October 23, 2018
Over the past few years, the Department of Justice Antitrust Division has increasingly focused its enforcement actions on industry-wide cartels and global market conspiracies where literally hundreds of millions (if not billions) of dollars in commerce may be at issue. The vast scale of these cases leads directly to the possibility of lengthy prison sentences and hefty fines, even absent any other aggravating factors. Unfortunately, those federal appellate courts that have interpreted the scope of volume of commerce do not fully agree on the proper methodology to calculate this crucial metric.
By Christine Simmons | October 22, 2018
Tim Kasulis supervised a string of major white-collar prosecutions during his tenure in the Southern District.
By Christine Simmons | October 10, 2018
Prosecutors said former Hunton & Williams and Willkie Farr & Gallagher partner Keila Ravelo defrauded her law firms and client MasterCard out of $7.8 million to fuel a lavish lifestyle.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | October 10, 2018
White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Contrary to Hollywood's fictionalized vision of our criminal justice system, a recent report from the National Association for Criminal Defense Lawyers confirms what many have recognized: trials are an endangered species.
New York Law Journal | Analysis
By Brian Rosner, Natalie A. Napierala and Michael D. Sloan | October 3, 2018
This article addresses a circuit split over whether foreign sovereigns are immune from criminal prosecution and therefore immune from civil RICO liability; addresses a related line of case law, within the Second Circuit, which holds that a domestic governmental entity cannot be civilly liable under RICO because such an entity is not capable of forming the intent necessary to commit a criminal act; and concludes by analyzing whether, as with domestic government entities, a foreign sovereign is not capable of forming the intent necessary to be found civilly liable under RICO.
By Christine Simmons | September 24, 2018
Robert Allen led the investigation in the insider trading case against Rep. Chris Collins and prosecuted former Foley & Larder partner Walter "Chet" Little, among other cases.
By Dan M. Clark | September 20, 2018
Percoco, often referred to as Cuomo's behind-the-scenes political fixer, was convicted by a jury in March on three counts of bribery in an eight-week trial.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | September 19, 2018
White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss a recent EDNY decision and then examine the views of other courts as to whether the SEC may use an obey‑the‑law injunction to sidestep the five-year limitations period in 28 U.S.C. §2462. Lastly, they consider the decision's practical implications—how the SEC will likely respond and what defense counsel should anticipate.
New York Law Journal | Analysis
By Deborah Meshulam, Benjamin Klein and Richard Kelley | September 18, 2018
On Sept. 12, 2018, an EDNY judge issued an order finding that a federal indictment adequately pled that defendant promoted digital tokens through initial coin offerings (ICOs) in violation of U.S. securities laws. This is the second known instance where a federal judge has found that offer or sale of digital tokens can qualify as investment contracts subject to federal securities laws.
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