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November 20, 2024 | New York Law Journal

'A National Calamity': US Judge Says Archegos Founder Bill Hwang Should Get 18-Year Sentence for Fraud, Market Manipulation

Senior U.S. District Court Judge Alvin Hellerstein deferred ruling on restitution and ordered the parties to return to court on Thursday to discuss forfeiture.
4 minute read
November 18, 2024 | New York Law Journal

US Judge Told Archegos Founder Can't Afford What Defense Says Is 'Unjustified' $10 Billion Restitution

Prosecutors have asked U.S. District Judge Alvin Hellerstein to sentence Archegos Capital Management founder Sung Kook "Bill" Hwang to 21 years behind bars and forfeit $10 billion. But his lawyers say he's only worth $55 million now.
2 minute read
November 18, 2024 | New York Law Journal

Sentencing Commission Addresses Inconsistent Definitions of “Loss”

This article discusses the inconsistent definition of loss as defined by the Sentencing Commission.
10 minute read
October 31, 2024 | New York Law Journal

Who in the Federal Government Is Bound by a Plea Agreement?

This article discusses targets of white-collar crimes. "If a defendant enters into a plea agreement with that office, what is the binding effect on other districts? Does the defendant get complete closure, or is the defendant exposed to possible prosecution by another office?"
10 minute read
October 14, 2024 | New York Law Journal

Communications With Non-Retained Experts May Be Subject to Disclosure

"Lehrburger explained that unlike retained experts, non-retained treating physicians 'wear a cloak of independence and lack of bias,'" write Edward M. Spiro and Christopher B. Harwood.
8 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

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October 09, 2024 | New York Law Journal

Get Smart or Get Indicted: Corporate Compliance in the Age of AI

"When wrongdoing inevitably occurs, the better the compliance program, the better the outcome for the corporation," write Robert J. Anello and Richard F. Albert.
10 minute read
October 07, 2024 | New York Law Journal

Office of the Appellate Defender To Host Its Annual 'First Monday' Event Tonight

At the live event to be held tonight, Monday, Oct. 7, Helen Gredd and David Patton will argue the mail/wire fraud case 'Kousisis v. United States,' with Ellen Patterson presiding as chief justice.
2 minute read
September 18, 2024 | New York Law Journal

The Excessive Fines Clause Comes for the FBAR Civil Penalty

"But long before Congress adopted this penalty structure, the Eighth Amendment to the Constitution prohibited the federal government from imposing 'excessive fines,'" writes Jeremy H. Temkin.
9 minute read
September 05, 2024 | New York Law Journal

Lenity, By Any Other Name

"What is lenity? It is a rule of statutory construction under which ambiguous criminal laws are interpreted in favor of defendants," write Elkan Abramowitz and Jonathan S. Sack.
10 minute read
August 22, 2024 | New York Law Journal

Applying English Law to a Privilege Dispute Under Section 1782

"Not surprisingly, privilege disputes constitute a frequent topic of litigation in connection with Section 1782 proceedings," write Edward M. Spiro and Christopher B. Harwood.
8 minute read

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