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You may get lucky by not discussing merger talks
- Fox Rothschild LLP
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- USA
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- February 18 2013
Corporate officials, who did not disclose merger talks with a competitor, did not commit securities fraud. See Filing v. Phipps, 6th Cir., No
Energy executives convicted of sending false reports to industry newsletters
- Fox Rothschild LLP
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- USA
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- February 8 2013
Its not often I write about criminal cases but this is one that all executives in the commodities industry need to know about. In Brooks v. United
The intersection between criminal law and bankruptcy law: can filing for bankruptcy affect a criminal defendant's sentence?
- Fox Rothschild LLP
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- USA
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- February 5 2013
Criminal defendants facing onerous restitution obligations as part of their sentence might contemplate a bankruptcy filing, in the hope of staving
How do accountants look in prison stripes? You do not want to find out
- Fox Rothschild LLP
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- USA
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- January 23 2013
Accountants beware - prison lurks. Recently, a certified public accountant and auditor was sentenced to 54 months in prison for his role in a nearly
The Seventh Circuit reaffirms the high bar set for a defendant seeking reversal because an indictment was constructively amended at trial
- Fox Rothschild LLP
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- USA
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- January 3 2013
A constructive amendment occurs where the permissible bases for conviction are broadened beyond those presented to the grand jury and beyond those found in
Complications in loss analysis lead sentencing judge to abandon restitution altogether and to eschew victim loss in favor of lesser defendant gain in calculating the Sentencing Guidelines
- Fox Rothschild LLP
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- USA
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- December 20 2012
In bank fraud cases, sentencing courts are obliged under the advisory Sentencing Guidelines to fix the "loss" at the greater of actual or intended loss to the victim, and to resort to the (usually more defendant-friendly) lesser gain from the offense only if that loss "reasonably cannot be determined."
Civil complaint does not by itself prove the occurrence of prior bad acts and so may not be admitted under FRE 404(b) even to prove notice
- Fox Rothschild LLP
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- USA
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- December 14 2012
Under Fed. Evid. 404(b), the government often seeks to introduce evidence of prior conduct by a defendant, ostensibly because such conduct is probative of one of the Rule's permitted purposes for introducing extraneous evidence, such as showing that the presently-charged conduct was committed intentionally and not by accident or mistake
Ninth Circuit holds that foreign records certificate of authentication may be admitted without violating confrontation clause
- Fox Rothschild LLP
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- USA
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- November 27 2012
Recently, in United States v. Anekwu, 695 F.3d 967 (9th Cir. 2012), the Ninth Circuit addressed a question left unaddressed by the Supreme Court and never previously tackled by the Ninth Circuit: are certificates of authentication and accompanying affidavits authenticating foreign public records and foreign business records testimonial?
The PicardWilpon settlement: should there be disclosure in 2011 Forms 990-PF filed with the IRS by Wilpon private foundations?
- Fox Rothschild LLP
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- USA
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- November 26 2012
It is perplexing that Forms 990-PF for 2011 (“2011 Forms 990-PF”) filed with the Internal Revenue Service (“IRS”) by various Wilpon family private foundations (the “Schedule 1 Foundations”), which are now beginning to appear on GuideStar, provide no reference to the assignment to Madoff Trustee Irving Picard of allowed net equity claims
Department of Justice, Civil Tax Division, awarded summary judgment to collect civil penalties against taxpayer for willfully failing to FBAR reports for two years
- Fox Rothschild LLP
- -
- USA
- -
- November 19 2012
The United States District Court for the District of Utah, Central Division, on November 8, 2012, Judge Nuffer, granted the United States its motion for summary judgment for the taxpayer-defendant’s, Jon Mc Bride, willful failure to report his interest in foreign bank accounts in contravention of 31 U.S.C. Section 5314 for the years 2001 and 2002
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