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Setbacks Prosecuting Trump Allies Highlight Challenges in Foreign Influence Cases
In its recent stepped-up enforcement efforts against foreign influence in American politics, the DOJ has faced some high-profile setbacks when it has sought to use the broad reach of 18 U.S.C. §951 to pursue conduct outside the context of traditional espionage.Litigating IRS Penalty Approval
Given that the Tax Court applies the law as interpreted by the Court of Appeals in the Circuit where the taxpayer lives, the varying interpretations of the supervisory approval requirement mean that liability for substantial penalties may turn on where the taxpayer resides.'Ruan v. United States' Reinforces Importance of Mens Rea in Federal Criminal Law
In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first analyze the majority and concurring opinions in 'Ruan'. Next, they draw a parallel with the law relating to a reliance on counsel defense. They conclude by suggesting how 'Ruan' might be applied in other contexts.In Class Action Suit, MTA Accused of Violating City Human Rights Law With Subway Platform Gaps
According to the complaint, the gaps make the subway less accessible for children, elderly people, parents with strollers and people traveling with groceries or suitcasesInsider Trading Unchained: Not Just Securities Anymore
Two recent cases involving NFTs and cryptocurrency markets demonstrate the substantial flexibility federal prosecutors have—or at least believe they have—in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.Monaco Memorandum Updates DOJ Corporate Enforcement Policy
The Monaco Memorandum seeks to ensure that prosecutors insist on timely and complete disclosure from companies and then use that disclosure to prosecute culpable individuals.Distinguished Leader: Karen R. King
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