Category Archives: Indictment

Should DOJ Indict President Trump But Seal the Indictment?

Given the position of the Office of Legal Counsel that a sitting president cannot be prosecuted, there has been some talk (including by me) about the possibility of indicting President Trump now but keeping the indictment under seal until he … Continue reading

Posted in DOJ policy and practice, Indictment, Speedy Trial Act, Statute of Limitations | Tagged | Leave a comment

Guns, Not Drugs—Two Recent Arms Export Control Act Prosecutions

If a lawyer at a cocktail party introduces himself to you as an “international trade lawyer,” would you think “oh, how boring”? You shouldn’t. There may be some less-than-exciting aspects of trade law (see, e.g., anti-dumping work) but this regulatory … Continue reading

Posted in Indictment, International Trade Violations | Tagged | Leave a comment

Chief Justice Roberts Is On the Side of Criminal Defendants? His Best Quote Yet

The Sixth Amendment guarantees the right to counsel. The Fifth Amendment establishes the grand jury. What happens when the right to counsel conflicts with the grand jury’s role? The grand jury wins. So says the United States Supreme Court in … Continue reading

Posted in Appeal, Criminal Forfeiture, Indictment | 1 Comment

Why Is It So Hard To Defend Against Insider Trading Charges? Qualcomm Employees Face SEC and Criminal Charges

In February 2014, Chinese antitrust regulators announced that they suspected wireless technology company Qualcomm Inc. of overcharging its customers and abusing its powerful market position. According to reports, Qualcomm could face fines of up to $1 billion (cue Austin Powers-like … Continue reading

Posted in Indictment, Insider Trading, SEC Investigation, Securities fraud, Uncategorized | Tagged | 2 Comments

Was There a Fox in the Henhouse? Corporate Auditor at Public Company Charged with Insider Trading

As someone who handles litigation and white-collar criminal matters, I’m often troubled by my clients’ corporate audit department. It will author lengthy, non-privileged reports about processes at companies that don’t work. Those reports put everyone on notice about those failing … Continue reading

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

It’s Not Easy Being Green: Feds Indict Biofuel Executives For a $100 Million Fraud

The government loves to encourage us to be “green.” Drive a Prius and get a tax credit. Put solar panels on your house and get a tax credit. Heck, buy the right kind of heat pump for your house and … Continue reading

Posted in Conspiracy, Criminal Investigation, Environmental Crimes, False statements, Indictment, Obstruction, Wire Fraud | Tagged | Leave a comment

Special Victims Unit: Sports Stars?

In certain fraud cases, defendants allegedly target groups of victims, such as the elderly or members of an ethnic or religious group (commonly known as “affinity” fraud). But, today, I bring you two cases that involve a very specialized group: … Continue reading

Posted in Conspiracy, Indictment, Investor fraud, Mail Fraud, Money Laundering, Plea Agreement, Wire Fraud | Tagged | 1 Comment

Protecting Trade Secrets—Even for Eli Lilly—Is No Easy Matter: Two Scientists Indicted for Sharing Research with Chinese Competitor

Trade secret cases are fascinating. They give some insight into how companies develop research; how valuable that research is; and the steps these companies take to protect research from being leaked to competitors. Trade secrets are stored on computers, in … Continue reading

Posted in Conspiracy, Indictment, Trade Secrets | Tagged | 2 Comments

Corporate Kickback Charges That Involve Private Jets, A “Gentleman’s Club” and Marketing for Pharmaceutical Companies

Michael Mitrow, Jr. and his brother Matthew Mitrow were recently charged in a superseding indictment for a corporate kickback scheme in the Southern District of New York. The Brothers Mitrow were executives of an unnamed marketing agency. According to the … Continue reading

Posted in Commercial Bribery, Conspiracy, Criminal Investigation, Honest Services, Indictment, Kickbacks, Mail Fraud, Tax fraud, Wire Fraud | Tagged | 1 Comment

Bernie Madoff Accountant Faces Parallel DOJ and SEC Cases

A lot of people have faced charges in the Bernie Madoff scandal over the past few years. Madoff’s accountant, David Friehling, pleaded guilty to falsifying documents. Madoff’s son Peter pleaded guilty to several criminal charges and was sentenced to ten … Continue reading

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