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Supreme Court Takes on Insider Trading “Personal Benefit” After All
Just when the Supreme Court appeared to be turning its collective attention away from the standard for insider trading convictions by denying the writ for certiorari in United States v. Newman, the Court today granted cert. in Salman v. United States, which addresses the “personal… Read More
Supreme Court Denies Review of Second Circuit’s Newman Insider Trading Decision
We’ve taken a summer (early fall?) recess here at White Collar Alert but have been jolted back into the blogosphere with the news of the Supreme Court’s denial of certiorari in United States v. Newman. We’ve written and blogged repeatedly (and here, too) about the… Read More
U.S. Government Appeals Landmark Insider Trading Decision to the Supreme Court
This guest post was authored by our colleague Rimma Tsvasman, an associate in the firm’s Litigation Department in New York. Rimma concentrates her practice on corporate and securities transactions, investment management and commercial litigation. She can be reached at rtsvasman@mmwr.com or 212-867-9500. In a highly anticipated move following a… Read More
Don’t Text with an Informant and iPads are Not Phones
While Dora the Explorer’s cousin, Diego, may proudly proclaim that “helping out each other is good for everyone,” apparently defendant Curtis Diego’s “friend,” Gary Still, had no such interest. Mr. Still, when confronted by police about his suspected theft of numerous firearms, quickly confessed to… Read More
Former Speaker Hastert Indicted: Structuring a Costly Cover-Up
Yesterday, the Department of Justice charged former House Speaker Dennis Hastert in an indictment stemming from his alleged agreement to pay an unknown individual $3.5 million “to compensate for and conceal his prior misconduct” against that unknown person. According to the indictment, Mr. Hastert, a… Read More
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
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
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