Waivers of Collateral Attack and Appellate Rights Are “Analytically Distinct”
As a defense attorney, you’ve worked hard with the government to reach what you think is a fair plea deal for your client. The Assistant United States Attorney demands, as part of the plea deal, that your client waive his or her appellate rights, including… Read More
Time to Log Off? Complications in Workplace Social Media Use
Are your employees allowed to use their work e-mail account to send and receive personal e-mails? Should staff be permitted to surf the net while at the workplace? What about Facebook and Twitter? Does your employee handbook have any limitations on how employees should (or… Read More
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Workplace IssuesDOJ 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
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Financial CrimesDid Penn State’s General Counsel Fumble by Appearing at the Grand Jury Appearances of its Officers?
With the announcement by Penn State that it has hired James Franklin as its new head football coach, the university has taken yet another step on the field away from the Jerry Sandusky scandal. But the fallout continues in the courtroom with the prosecution of… Read More
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Grand JuryBharara’s Insider Trading Inferno Engulfs Its Next Victim: Former SAC Portfolio Manager Steinberg Convicted
Yesterday – seemingly before the ink even dried on SAC Capital Advisor’s unprecedented billion dollar plea agreement – U.S. Attorney Preet Bharara’s office secured the conviction of former SAC portfolio manager Michael Steinberg. As recently reported by White Collar Alert editor Carrie Sarhangi, Steinberg was… Read More
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UncategorizedUpdate: Second Circuit Limits Government’s “Stream of Payments” Statute of Limitations Theory
Last week, White Collar Alert editor Erin Dougherty reported on the Second Circuit’s unusual summary order reversing the convictions of three former General Electric Co. executives for bid rigging. Yesterday, in a 2-1 decision, the Second Circuit confirmed the expected basis for the reversal, holding… Read More
Gordon Gekko Redux: Jordan Belfort’s Hollywood Redemption?
We all remember the infamous Gordon Gekko scene from the original Wall Street movie when he empowered Teldar Paper shareholders with his “Greed is good” speech: Greed, for lack of a better word, is good. Greed is right, greed works. Greed clarifies, cuts through, and… Read More
Convictions of 3 Ex-GE Muni-Bond Execs Reversed by Second Circuit on Summary Order Just Days After Oral Argument
Yesterday, just a week after oral argument, the United States Court of Appeals for the Second Circuit issued a summary order (with an opinion to follow) reversing the convictions of three former General Electric Co. (“GE”) finance executives – Steven Goldberg, Peter Grimm, and Dominick… Read More
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UncategorizedDid A-Rod Take an Intentional Walk to Prevent Perjury Risk?
Last Wednesday, November 20th, Alex Rodriguez, widely considered one of baseball’s greats, walked out of his arbitration proceeding challenging his 211 game suspension for violating Major League Baseball’s performance enhancing drug (“PED”) policy. If the suspension is upheld, A-Rod’s will be the longest non-lifetime suspension… Read More
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UncategorizedRecent Study Shows White-Collar Criminals Adjust Fine to Prison Life: True?
11/21/13 Update: The Giudices pled not guilty to the new charges on November 20, 2013. As every Real Housewives of New Jersey fan knows, Teresa and her husband Joe Giudice are facing serious allegations in a 39-count indictment for inter alia, conspiracy to commit mail… Read More
