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New York Law Journal

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

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.'
12 minute read

New York Law Journal

Prosecutors, Litigators Face New Reality After 'Allen'

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.
5 minute read

Corporate Counsel

DOJ, SEC Drop Probe Into IBM-But Without Public Explanation

Silent declinations have critics asking why the DOJ sometimes releases details about its declination decisions, but refuses to discuss details about others.
7 minute read

New York Law Journal

Contrasting Views of Investors Dominate Closings in Shkreli Trial

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."
5 minute read

New York Law Journal

Federal Courts Lack Authority to Decide Insider Trading Criminal Cases

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.
10 minute read

National Law Journal

SEC Issues Whistleblower Award to Government Agency Employee for First Time

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.
6 minute read

New York Law Journal

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

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.
2 minute read

Corporate Counsel

Two Law Partners Jailed for Stealing $1.2M From Hospital-Client

Partners at a law firm in Kansas City, Missouri, pleaded guilty to federal charges in connection with a scheme to divert funds from the hospital system that retained them to collect delinquent patient accounts.
4 minute read

New York Law Journal

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

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

National Law Journal

Ivanka Trump Has 'Confidential' Relationship with Kushner Lawyer Abbe Lowell

White-collar defense lawyer Abbe Lowell said he has a "confidential" relationship with Ivanka Trump tied to his work for her husband Jared Kushner.
7 minute read

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