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Features

Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust Image

Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust

Robert J. Anello & Richard F. Albert

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.

Features

When to Involve a Forensic Accountant in Your White-Collar Criminal Case Image

When to Involve a Forensic Accountant in Your White-Collar Criminal Case

Sareena Malik Sawhney

Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.

Columns & Departments

In The Courts Image

In The Courts

Juliet Gunev

Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts

Features

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions Image

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions

Paige Ammons & Preston Burton

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however

Features

Supreme Court's October Term 2018 Contains Hints of Things to Come Image

Supreme Court's October Term 2018 Contains Hints of Things to Come

Harry Sandick & Tara Norris

Part Two of a Two-Part Article In Part One of this article last month, we discussed several of the key business crimes cases from the recently concluded October Term 2018. We resume this discussion in Part Two of our article and offer some concluding thoughts about where the Court may go next in the years to come.

Features

Insider Trading Policies and Cybersecurity Image

Insider Trading Policies and Cybersecurity

Michael J. Rivera & Abby I. Yi

Cybersecurity has been a high priority topic for the SEC the past few years. In September 2017, the SEC created a Cyber Unit within its Enforcement Division. This Cyber Unit had over 225 active investigations at the SEC's 2018 fiscal year end. The SEC has focused in particular on cybersecurity risks facing public companies.

Columns & Departments

In the Courts Image

In the Courts

Juliet Gunev

Maryland's Largest Ever Ponzi-Scheme: Kevin Merrill Sentenced to 22 Years in Prison for $396 Million Consumer Debt Fraud

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Juliet Gunev

Former Keppel Lawyer Who Cooperated with U.S. Government Fined and Sentenced to Probation for His Role in Petrobras Bribery Scheme

Features

Can Video Game Companies Be Liable for Users' Money Laundering? Image

Can Video Game Companies Be Liable for Users' Money Laundering?

Frank Ready

Criminals are hoping to use video game platforms to score more than just points. By using ill-gotten gains to purchase in-game currency that can then be exchanged for real cash, bad actors have found a way to launder money that is difficult for both gaming providers and the authorities to track.

Features

It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases Image

It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases

Joseph F. Savage Jr. & Christopher J.C. Herbert

In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?

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