Monthly Archives: October 2015

Yates Memo Watch – The First Casualty

The Department of Justice today unsealed the indictment of the former president of Warner Chilcott plc, a pharmaceutical manufacturer. A subsidiary of Warner Chilcott pleaded guilty to a single felony charge of health care fraud related to illegal marketing of … Continue reading

Posted in Health care fraud | Tagged | 3 Comments

RICO and White Collar Prosecutions

Prosecutors sometimes threaten to charge defendants with RICO, even in white-collar cases. This threat often comes when the prosecutor wants to force a plea deal. The Racketeering Influenced and Corrupt Organizations law allows prosecutors to group a wide array of … Continue reading

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The SEC Finally Surrenders in Insider Trading Case

The SEC finally gave up the ship in its insider trading case against former hedge fund managers Anthony Chiasson and Todd Newman. After the Second Circuit reversed their convictions and the Supreme Court denied cert, the SEC decided not to … Continue reading

Posted in Appeal, Insider Trading, SEC Investigation | Tagged | Leave a comment

SDNY Limits a Corporate Executive’s Ability to Use the Advice-of-Counsel Defense

The advice-of-counsel defense is a powerful one. If you did something because your lawyer said it was legal, then you may have a winning defense against many white-collar crimes. But all good things come with a price. To raise the … Continue reading

Posted in Uncategorized | Tagged | 1 Comment

This Shouldn’t Be News: Second Circuit Affirms that Government Needs Warrant to Seize Property

The government’s aggressive methods to seize a defendant’s assets before he is convicted of a crime hinders a defendant’s ability to choose—and pay for—his lawyer. A recent Second Circuit case limits the government’s ability to do so. It is based … Continue reading

Posted in Appeal, Criminal Forfeiture, Fourth Amendment, Wire Fraud | Leave a comment