Monthly Archives: July 2013

The Devil’s in the Details: The SEC’s Case Against Steven A. Cohen

We’ve all seen the headline: “SEC charges S.A.C. Capital’s Steven A. Cohen.” There has been so much press about this investigation, particularly the criminal side of it, that it almost feels as though the SEC had to charge him or … Continue reading

Posted in Insider Trading, SEC Investigation | Leave a comment

Quick Cases: “Too Many [Health Care Fraud Cases] To Shake A Stick At”

This is the one of my recurring posts that offer quick summaries of similar cases. Think of them as the Kay and Peele version of my blog posts, though not nearly as funny and always safe for work. The Beastie … Continue reading

Posted in Commercial Bribery, Conspiracy, Conviction After Jury Trial, False statements, Health care fraud, Kickbacks, Mail Fraud, Money Laundering, Plea Agreement, Travel Act | Leave a comment

Wiretaps—They Aren’t Just for Insider Trading Cases Anymore: San Diego Businessman Sentenced for Criminal Customs Violations

As I follow the press releases of the U.S. Attorneys’ Offices around the country every week in my relentless effort to find interesting white-collar cases, sometimes a case jumps out at me because it is a little bit different. I … Continue reading

Posted in Conspiracy, International Trade Violations, Money Laundering, Plea Agreement, Wiretaps | Leave a comment

With a Name Like “DiscoCare,” How Can You Go Wrong? Two ArthroCare Executives Indicted for Securities Fraud

A few years ago, massive securities fraud cases were all the rage. Over the last few years, health care fraud has been on the hit parade. Now, DOJ has managed to combine the two into one case. The former CEO … Continue reading

Posted in Conspiracy, False statements, Indictment, Securities fraud, Uncategorized, Wire Fraud | Tagged | 2 Comments

Seven Years Later: Will the Richard Scrushy Case Finally End?

I know the public gets sick of lawyers and our filings and our appeals. I don’t. Because when you are a criminal defense lawyer, your job is to be dogged and relentless. We don’t give up. We exhaust every possibility. … Continue reading

Posted in Appeal, Bribery, Conspiracy, Honest Services, Public Corruption | Tagged | Leave a comment

What is the SEC’s “Cross-Border Working Group”? This Chinese Company’s Executive Is Getting a Tough Lesson

You may not have heard of the SEC’s Cross-Border Working Group but if you are a company with substantial foreign operations that trades in the United States, chances are the Working Group has heard of you. Since it began, the … Continue reading

Posted in Commercial Bribery, SEC Investigation, Securities fraud | Tagged | Leave a comment

How Far Can the Government Go to Search Your Computer? The Fourth Amendment in the Digital Era

Finally…a case that is not connected to the Galleon insider trading investigation, or SAC Capital or, any of the usual white-collar suspects.  In Galpin, the Second Circuit addressed the scope of the government’s search of a defendant’s computer hard drive, … Continue reading

Posted in Appeal, Plea Agreement, Search warrant | 1 Comment

New SBA Rule Changes the Playing Field for Criminal and Civil Contracting Fraud Cases

According to its mission statement, the Small Business Association is supposed to “aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.” A … Continue reading

Posted in False Claims Act, Government contracting fraud | Tagged | Leave a comment

Watch Out, The Government Is (Lawfully) Listening: Second Circuit Greatly Expands Use of Wiretaps In White Collar Criminal Cases

Last week was a huge week for the Supreme Court. I’ll leave it to the experts to talk about DOMA, Prop 8 and the Voting Rights Act.  And let’s not forget that there were a few important criminal cases that … Continue reading

Posted in Appeal, Insider Trading, Securities fraud, Wire Fraud, Wiretaps | Leave a comment