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Dec 12

UPDATE: Second Circuit Reverses “Downstream Tippee” Convictions

This guest post was authored by our colleague Mark B. Sheppard, a partner in the firm’s Litigation Department. Mark focuses his practice on white collar criminal defense, SEC Enforcement and complex commercial civil litigation. He can be reached at msheppard@mmwr.com or 215.772.7235. As we predicted… Read More

Dec 11

Britain’s Serious Fraud Office Secures First Convictions Under Bribery Act

Last Friday, news came from across the Atlantic that Britain’s Serious Fraud Office (“SFO”) had successfully obtained its first series of convictions under the UK’s Bribery Act of 2010 (the “Bribery Act”), which became effective in July 2011. The SFO reported that a jury had found… Read More

Dec 04

ABA Task Force Proposes Significant Change to Fraud Guidelines

When the U.S. Sentencing Commission adopted the original Sentencing Guidelines in 1987, it sought to ensure that white collar offenders faced “short but definite period[s] of confinement.” U.S. Sentencing Commission, Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Criminal Justice System is… Read More

Nov 19

“World Tour” FCPA Compliance Lesson: Review Employee’s Expense Reports

On Monday, the SEC sanctioned two former defense contractors, Stephen Timms and Yasser Ramahi, for violating the Foreign Corrupt Practices Act. Timms and Ramahi worked in sales for FLIR Systems Inc., a company headquartered in Oregon that produces thermal imaging, night vision, and infrared cameras… Read More

Oct 20

Of Dropbox and Data Breaches: Highlighting the need for increased cyber-security at home and in the workplace

This guest post is authored by Michael B. Hayes. Hayes’ practice concentrates on commercial litigation, government and corporate investigations. Hayes is frequently called upon by clients and colleagues to provide legal expertise and consultation concerning electronic discovery issues. He can be reached at mhayes@mmwr.com or… Read More

Oct 15

DOJ Policy Shift: No Waiver for Ineffective Assistance of Counsel Claims

Back in January, we wrote about the challenge facing counsel when the United States Attorney’s Office requires a defendant to waive his or her Sixth Amendment claims of ineffective assistance of counsel as part of any plea deal. Today, this practice (which is policy within… 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

Oct 10

What Not to Do Before a Federal Sentencing: Lesson Learned from the Giudices

Teresa and Joe Giudice – the reality show husband and wife duo from the show Real Housewives of New Jersey – were sentenced to jail last week after pleading guilty to federal charges for bank and wire fraud. Perhaps lost amid the media frenzy that… Read More

Oct 02

The Third Circuit Expands the Good-Faith Exception to Warrant Requirement

Yesterday, the Third Circuit in an 8-5 en banc decision determined that evidence collected without a warrant by police officers through a GPS tracker can still be used at trial United States v. Katzin, No. 12-2548, 2014 WL 4851779 (3d Cir. Oct. 1, 2014). This… Read More

Sep 25

Eric Holder to Resign: Who Will Be the Next Attorney General?

After serving 5 ½ years as Attorney General, Eric Holder will formally announce his resignation later today at the White House. In addition to being the first African American Attorney General in U.S. history, he ranks as the fourth-longest tenured AG in history and also one… Read More