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
Bharara’s Fire Dies Out: Cohen Remains Uncharged And Turns His Losses Into Gains
As the chapter closes on the decade-long insider trading investigation of SAC Capital Advisors, our question has finally been answered—at least for now: billionaire hedge fund guru Steven A. Cohen has dodged criminal charges for his role in managing the company now convicted of systemic… Read More
The Quagmire of “Unauthorized Access” Remains
This guest post was authored by our colleague Jeremy D. Mishkin, partner and chair of the firm’s Litigation practice. His practice emphasizes complex commercial matters, technology, the Internet and First Amendment/Media Law issues. He has handled litigation and served as national and regional counsel for… Read More
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
Vindication: General Sinclair Sentenced to a Reprimand and $20K Fine
Today marks the end of what The New York Times recently called “a textbook example of justice gone awry.” Thankfully, justice was not completely absent from the courtroom this morning. During yesterday’s closing statements, prosecutors argued that General Sinclair should be thrown out of the… Read More
New York Times Classifies Sinclair Case as a “Textbook Example of Justice Gone Awry” as Army Agrees to Dismissal of Sexual Assault Charges
If you’ve been following White Collar Alert’s recent coverage of the rare court-martial faced by U.S. Army Brigadier General Jeffrey Sinclair, then you know that members of Montgomery McCracken’s Government Investigations and White Collar Crime practice group (and fellow White Collar Alert contributors) are serving… Read More
NY Times Reports Case Against BG Sinclair “Founder[ing]”
As noted in my post last week, members of our Government Investigations and White Collar Crime practice group are representing U.S. Army Brigadier General Jeffrey Sinclair, former deputy commander of the 82nd Airborne, who faces a rare court martial in Fort Bragg, N.C. for allegedly… Read More
Trial of U.S. Army Brigadier General Jeffrey Sinclair Under Way in Fort Bragg
“‘I’m so in love with him. I do know that I love him incredibly. … I love him almost unconditionally.” “You are my heart and world, you beautiful magnificent man.” These are just two of the numerous written declarations of a U.S. Army Captain demonstrating… Read More
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
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Grand JuryBharara’s Infernal Region Expanded By One: Martoma Convicted
For those of us following the prosecutions of SAC Capital Advisors LP, today marked another milestone in U.S. Attorney Preet Bharara’s quest against insider-trading. Mathew Martoma, ex-SAC fund manager and pharmaceutical-industry analyst, was found guilty this afternoon of one count of conspiracy and two counts… Read More
