MenuClose

Lathrop B. Nelson, III

Visit Attorney Profile
Lathrop B. Nelson, III is a partner in the Litigation Department at Montgomery McCracken. His practice concentrates on complex commercial litigation and government investigations and white collar crime. Lathrop received a J.D. degree from the University of Virginia School of Law in 2001 and a B.A. degree, cum laude, in History and Politics from Washington and Lee University in 1997.
Follow Lathrop B. Nelson, III on Twitter
Jan 07

What To Do At Your Federal Sentencing: Lessons Learned from Ex-Virginia Governor McDonnell

Yesterday, former Virginia Governor Bob McDonnell was sentenced to two years in prison following his public corruption conviction for using the governor’s office to help a dietary supplement executive in exchange for loans, gifts, and, as we’ve noted before, a Rolex and a joy ride… Read More

Dec 30

Former Oriole Swinging for the Fences in Insider Trading Prosecution

The fallout from the Second Circuit’s decision in United States v. Newman continues and threatens to affect not just future enforcement actions, but pending prosecutions. As we have noted before, the Second Circuit in Newman required that a trader / tippee know that an insider… Read More

Oct 14

Supreme Court Denies Review of “Acquitted Conduct” Sentences

A defendant exercises his constitutional right to a jury trial and is proven guilty by a jury of his peers. The jury, confronted with multiple charges against the defendant, weighs the evidence and acquits on all counts, save one for which they find him guilty… Read More

Aug 27

Third Circuit Issues Cautionary Tale for Appellate Waivers

As we’ve written about before, federal prosecutors generally require a waiver of certain appellate rights in connection with a plea deal.  Yesterday, the Third Circuit issued an opinion that explores what happens when a criminal defendant, who has executed an appellate waiver, violates his plea… Read More

Jul 11

Supreme Court Checks in on Bank Fraud

Lost amid the flurry of the Supreme Court’s end of term decisions on recess appointments, cell phone privacy and contraception coverage is the Court’s dip into the federal bank fraud statute, 18 U.S.C. § 1344, in Loughrin v. United States. We no doubt share your surprise… Read More

Jun 02

Insider Trading Probe a Bogey for Mickelson?

On Friday, the Wall Street Journal and New York Times reported that federal authorities are investigating investor Carl Icahn, gambler William Walters and golf champion Phil Mickelson for insider trading. Investigators are examining a series of successful trades by Walters and Mickelson of shares of… Read More

Apr 24

Government Swimming Upstream at Second Circuit Oral Argument on Downstream Insider Trading Liability

The Justice Department has been bullish over its rigorous enforcement of insider training over the past year, but on Tuesday a Second Circuit panel raised questions regarding the government’s theory of liability that led to the conviction of two “downstream” traders. Before the court was… Read More

Apr 10

Crisis Management: Law and PR

As readers of this blog know by now, my colleagues and I were members of the defense team that represented U.S. Army Brigadier General Jeffrey Sinclair. Our client faced a rare court-martial of a general officer at Fort Bragg, NC for allegedly sexually assaulting a… Read More

Feb 17

Third Circuit OK’s In Camera Interview of Lawyer to Establish Crime-Fraud Exception

The attorney-client privilege is sacrosanct – “the oldest of the privileges for confidential communications known to the common law,” Upjohn Co. v. United States, 449 U.S. 383, 389 (1981) – yet when the attorney’s advice is used to commit a crime, the privilege evaporates. Under… Read More

Jan 16

DOJ Increasing Activity over Foreign Bank Accounts: Lessons from the Beanie Babies Founder’s Prosecution

H. Ty Warner, the billionaire creator of the popular Beanie Babies, was sentenced on Tuesday to two years of probation for tax evasion. The one-time top toy tycoon pleaded guilty to a single count of felony tax evasion in October 2013, acknowledging that he failed… Read More

Categories

Financial Crimes

Tags

,