Monthly Archives: August 2013

All You Ever Wanted To Know About Illegal Fishing But Were Afraid To Ask

Henry David Thoreau said, “Many men go fishing all of their lives without knowing that it is not fish they are after.” According to the Department of Justice, a couple of commercial fishermen knew exactly what they were after when … Continue reading

Posted in False statements, Plea Agreement, Sentencing, Wire Fraud | Tagged | Leave a comment

Loss Amount is Everything: Sixth Circuit Affirms Lengthy Sentence of Corporate Executive in Public Bribery Case

For most white-collar cases, the key issue at sentencing is the calculation of the loss amount. Although not mandatory, the Sentencing Guideline range will unquestionably influence the final sentence. And the Guidelines rely heavily on the loss amount to reach … Continue reading

Posted in Appeal, Bribery, Conspiracy, Conviction After Jury Trial, Sentencing | Tagged | Leave a comment

First Is the Worst: SEC Forces Hedge Fund Manager To Admit Wrongdoing Under New Policy

It’s not often that someone wishes the government investigated him earlier. But Philip Falcone, the hedge fund advisor for Harbinger Capital, may be wishing exactly that. Mr. Falcone and Harbinger Capital recently agreed to settle an SEC investigation against them … Continue reading

Posted in SEC Investigation, SEC Settlement, Securities fraud | Tagged | 2 Comments

Quick Cases: Government Contracting Fraud

They say hell has no fury like a woman scorned. (Technically, William Congreve wrote “Heaven has no rage like love to hatred turned, nor hell a fury like a woman scorned.”) Maybe there’s also no fury like a government defrauded, … Continue reading

Posted in Conspiracy, Conviction After Jury Trial, False statements, Government contracting fraud, Kickbacks, Mail Fraud, Plea Agreement, Sentencing, Wire Fraud | Leave a comment

He Can’t Just Reboot To Fix This Problem: IT Guy at Coffee Company Accused of Insider Trading by SEC

One thing I miss about my former BigLaw firm is having the IT department around to help when something goes wrong with my computer. One thing I don’t miss is having the IT department tell me to reboot my computer … Continue reading

Posted in Insider Trading, SEC Investigation | Tagged | 2 Comments

Quick Cases: Environmental Prosecutions

If you thought legal work related to asbestos is limited to those late-night television ads asking if you (or anyone you know) suffer from mesothelioma, you’d be wrong. There is apparently a niche criminal defense practice out there, representing people … Continue reading

Posted in Conspiracy, Conviction After Jury Trial, Environmental Crimes, Mail Fraud, Obstruction, Sentencing, Wire Fraud | 1 Comment

New Technology, Old-School Fraud: SEC Goes After Bitcoin-Based Ponzi Scheme

A confession: I picked this post topic because I kept seeing articles about Bitcoins and still did not understand what the heck they were. So I figured that if I wrote a post about it, then I’d be forced to … Continue reading

Posted in SEC Investigation, Securities fraud | Tagged , | 1 Comment