Category Archives: Appeal

Tax Fraud Cases May Be Easier to Defend But Don’t Count Your Chickens

For most crimes, the government must prove that the defendant acted intentionally. This seems like it should be a fairly high bar particularly in white-collar criminal cases but it’s not. For most crimes, the government need only prove that the … Continue reading

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Prosecutorial Misconduct in the Grand Jury But No Dismissal of Charges, Says Ninth Circuit

Prosecutors who engage in misconduct are rarely subjected to ethics charges. In a recent case out of the Ninth Circuit, the prosecutor engaged in wrongdoing, the court suggests that he should be referred to the bar, yet there is no … Continue reading

Posted in Appeal, Money Laundering, Prosecutorial misconduct, Uncategorized | 6 Comments

The SEC’s Right to a Jury Trial

We usually think about the right to a jury as one for a defendant facing charges. But it’s worth remembering that agencies are people too. Well, at least when it comes to the right to a jury trial in a … Continue reading

Posted in Appeal, Securities fraud | Leave a comment

An Open Letter Thanking the McDonnell Team (Or, Why We Can’t Give Up)

Dear Governor McDonnell’s Legal Team: As you probably know, the government decided not to retry Governor Bob McDonnell yesterday. This is big news. It follows his victory in the Supreme Court. He won. You won. Was this the best paragraph … Continue reading

Posted in Appeal, Public Corruption | Leave a comment

Ninth Circuit Stands Strong on Computer Fraud and Abuse Act (Sort Of)

The Computer Fraud and Abuse Act has been used by prosecutors to charge individuals who “exceed authorized access” (or act “without authorization”) on a computer–sometimes their employers’ computers, sometimes a stranger’s computer that they are hacking. The problem is that … Continue reading

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The Best Sentence in the McDonnell Decision

Like most defense attorneys, I welcomed the Supreme Court’s decision in the McDonnell case.   The Court vacated former Governor McDonnell’s convictions for Hobbs Act extortion and honest services fraud and remanded the case to the Fourth Circuit for further findings. … Continue reading

Posted in Appeal, Public Corruption, Reversal | 1 Comment

Fifth Circuit Slaps Down District Court’s Loss Calculation in Contracting Fraud Case

The government knows—and exploits the fact—that loss amount is the driver of white collar sentences. In criminal contracting fraud cases, the government has taken the position that the relevant loss is the entire amount of the contract that was wrongfully … Continue reading

Posted in Appeal, Government contracting fraud, Sentencing | 1 Comment

Commercial Negotiation Tactics Are Not Fraud: Seventh Circuit Limits Scope of the Wire Fraud Statute

The federal wire fraud statute is incredibly broad. In this era of non-stop email and texts, it’s hard to imagine a white collar case that doesn’t implicate it. For the most part, courts have been reluctant to limit its reach. … Continue reading

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A Groovy Decision by Fifth Circuit Gives Corporate Executives a Second Chance Based on Evidentiary Mistakes at Trial

The Fifth Circuit handed two corporate executives at a medical device company a big win recently. I’ve posted in the past about the indictments and trial of two former executives at ArthroCare, Michael Gluk and Michael Baker. They were found … Continue reading

Posted in Appeal, Health care fraud, Securities fraud, Uncategorized | Leave a comment

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