Category Archives: Uncategorized

A Misleading DOJ Press Release

I was surprised to read the headline of a recent DOJ press release: “Former Acclarent, Inc. Executives Convicted of Crimes Related to the Sale of Medical Devices.” I was surprised because I thought I’d read that the case had been … Continue reading

Posted in Uncategorized | 4 Comments

Another Big Win in the White Collar World (This Time in the EDVA, of All Places)

After I wrote my last post, I was reminded about another big win that I should have mentioned before. Greg Poe, Preston Burton and Rachel Li Wai Suen won a complete acquittal for former high-ranking army officer Edwin Livingston. Here’s … Continue reading

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I’m All About the Glory (Please Nominate Me!)

Last year, I won the coveted (among geeky law bloggers) ABA Blawg 100 award. I’ll be honest: I put in a lot of time on this blog and that little award meant a lot. I even got a great little … Continue reading

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Negotiating Power and How We Are Weak

I’ve been thinking recently about the inequalities of negotiations when you are a criminal defense attorney. We do a lot of negotiating for our clients, right? And we often lose. Badly. We make plea deals for our clients and they … Continue reading

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DOJ’s Sales Pitch Continues, But It’s Not All Bad

A few weeks ago, I wrote a blog post about my disappointment that white-collar criminal defense attorneys too often treat cooperation with the government as a default position. Well, the government just sweetened the cooperation pot a little bit more. … Continue reading

Posted in DOJ Statements, FCPA, Uncategorized | Leave a comment

Not April Fool’s: Big Win in Forfeiture Case in Supreme Court

On Wednesday, the United States Supreme Court decided Luis v. United States. It is a big win for criminal defendants and for criminal defense lawyers alike. The Court held that For the reasons stated, we conclude that the defendant in … Continue reading

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March Madness: Drafting Error Leads to Dismissal of Criminal Charges against FedEx

Middle Tennessee State beats Michigan State. Yale beats Baylor. The Cinderella season is upon us. The next big winner is . . . FedEx. The government has accused FedEx of conspiring with online pharmacies to ship illegal drugs to dealers … Continue reading

Posted in Conspiracy, Money Laundering, Statute of Limitations, Uncategorized | Tagged | 1 Comment

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 | 3 Comments

Why Are We Falling for the Department of Justice’s Sales Pitch?

I just spent $1200 to listen to the Department of Justice’s sales pitch that I should bring in my clients to confess their crimes. Let me explain. Last week was the annual ABA White Collar Crime conference in San Diego. … Continue reading

Posted in DOJ Statements, Uncategorized | 2 Comments

Fetishes, Fantasy and the Limits of the Computer Fraud and Abuse Act

It’s a common scenario: a company thinks an employee is using its computers to do something wrong. Maybe the employee is stealing clients for a new venture, copying data from proprietary research or leaking documents to the media about the … Continue reading

Posted in Computer fraud, Conspiracy, Uncategorized | 1 Comment