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October 31, 2008 | Inside Counsel

Under Fire

Conservative Christian legal non-profit faces accusations of ethics violations.
7 minute read
July 08, 2013 |

Is Freezing Assets Needed to Pay Counsel of Choice Constitutional?

Mark R. Hellerer and Anne C. Lefever of Pillsbury Winthrop Shaw Pittman write that in its October 2013 term, the Supreme Court for the first time in 23 years will squarely consider the constitutionality of pretrial restraints on assets needed by a criminal defendant to pay counsel of choice, a question that has over the past two decades resulted in case law rife with split decisions, reversals, and en banc hearings.
14 minute read
September 17, 2008 |

'Stein' OKs the Nixing of Government's Charging Powers

Kevin J. O'Brien, a partner at Dechert, writes that the prosecutorial tactics in the KPMG case represent in many ways the high-water mark of this administration's highly aggressive approach to white-collar crime. In the wake of Enron, pressure was increased against corporations to make them investigate, reveal the confidences of, and disarm their own principals and employees, leaving them, as the Second Circuit said in Stein, "naked to their enemies."
10 minute read
April 14, 2011 |

United States v. Bonventre

Judge Rejects Claims That 'Frozen' Funds Were to Pay Defense Counsel in Madoff Case
1 minute read
July 21, 2008 |

Asset forfeiture hits the suites

While asset forfeiture has long been a weapon in the federal prosecutor's arsenal, it is gaining more public attention as it is routinely applied to white-collar prosecutions. Substantial property rights are lost at the outset, sometimes even before an indictment is filed, and there is little one can do to get them back until after a trial. Seizure of assets based on a mere showing of probable cause could be so comprehensive that the defendant might be unable to pay for the counsel of his or her choice.
11 minute read
September 04, 2008 |

United States, appellant v. Jeffrey Stein et al., defendants-appellees

Free: Dismissal of Charges Against Ex-KPMG Employees Affirmed; Government Hindered Ability to Defend
59 minute read
March 07, 2000 |

Tax Shelter Rules May Not Change Much

The Treasury Department's recently issued regulations that require corporations to disclose to the Internal Revenue Service schemes for avoiding taxes may dissuade some companies from entering into deals, but they will not shut down the robust tax shelter industry, tax attorneys say.
3 minute read
June 02, 2009 |

White-Collar Crime

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Attorneys involved in criminal cases are constantly being called upon to give legal advice with respect to sensitive, complex and often ambiguous matters. Historically, attorneys have challenged established principals of law by forging new and creative arguments and sometimes advise clients how to avoid strictures of the law. Rarely has erroneous legal advice been criminalized without a finding that the attorney is knowingly and deliberately rendering advice which will further criminal conduct. Two recent cases starkly present the issue of whether and how legal advice can be prosecuted.
15 minute read
November 02, 2009 |

Panel ruling may help indicted lawyer

In a case of first impression, a panel of the 11th U.S. Circuit Court of Appeals has affirmed a federal prohibition against prosecuting lawyers who take defense fees from clients who acquired those funds through criminal activities. The impact of the Oct. 26 decision, which upheld the dismissal by a federal judge in Florida of money laundering charges against Miami attorney Benedict P.
10 minute read

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