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Results: 11-20 of 111

Judge Selna to deny two motions in FCPA case which had attacked DOJ's relationship with company that cooperated during investigation

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 16 2012

In connection with a May 14, 2012 hearing, Judge James Selna has prepared Tentative Minute Orders which deny two motions in the Carson FCPA cases

Judge in Lehman class action orders officer defendants to provide (in camera) information regarding their net worth as part of settlement process updated: May 24 ruling

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 9 2012

When asked to approve a $90 million settlement (which was to be paid by insurance coverage) between class action plaintiffs and the directors and officers in the In re: Lehman Bros. Sec. and ERISA Litig., Judge Lewis Kaplan issued a May 3, 2012 Memorandum and Order directing certain defendants (five officers), who had already allowed a retired Judge (specially retained to assist in the parties' discussions) to review information regarding their assets, to provide that same financial information to the Court for an in camera review

Judge in Lehman class action orders officer defendants to provide (in camera) information regarding their net worth as part of settlement process

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 9 2012

When asked to approve a $90 million settlement (which was to be paid by insurance coverage) between class action plaintiffs and the directors and officers in the In re: Lehman Bros. Sec. and ERISA Litig., Judge Lewis Kaplan issued a May 3, 2012 Memorandum and Order directing certain defendants (five officers), who had already allowed a retired Judge (specially retained to assist in the parties' discussions) to review information regarding their assets, to provide that same financial information to the Court for an in camera review

DOJ returns $44 million from former CEO Joseph Nacchio to investors of Qwest

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 4 2012

Prosecutors and the SEC work quite vigorously to recover ill-gotten gains from those who have committed securities fraud, with the ultimate goal of compensating investors

Judge Rakoff issues opinion in civil Gupta case explaining why he will not compel the SEC to produce documents relating to settlement negotiations

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 2 2012

In a Memorandum Order entered on May 1, 2012, Judge Jed Rakoff formally denied a motion to compel by Rajat Gupta and Raj Rajaratnam, who were seeking an order that the SEC produce documents concerning settlement negotiations between the Commission and cooperating witnesses

Defendants in the Carson FCPA case file reply briefs attacking government's interaction with the employer during the latter's internal investigation and the government's conduct during discovery

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 1 2012

On Monday, April 30, 2012, two of the remaining defendants in the Carson FCPA case submitted Reply Briefs in support of motions that raise significant issues about the impact on the employees when a corporation conducts an internal investigation and ultimately cooperates with the Government

Former Morgan Stanley executive pleads guilty to conspiring to evade internal accounting controls under the FCPA in China, while Morgan Stanley avoids prosecution due to internal controls

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 26 2012

On Wednesday, April 25, 2012, DOJ announced that Garth Peterson, a former managing director for Morgan Stanley’s real estate business in China, pled guilty in federal court in Brooklyn, New York for participating in a conspiracy to evade the internal accounting controls which the company was required to maintain under the FCPA

SEC files case against Chinese company for misrepresentations regarding the use of its IPO proceeds

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 24 2012

On Monday, April 23, 2012, the SEC announced that it had filed a case against SinoTech Energy Limited, an oil field services company based in China, with intentionally misleading investors about the value of its assets and its use of $120 million in IPO proceeds

Ohio Supreme Court vacates lower court decision which limited the ability of the director of the Ohio Department of Commerce to recover proceeds from a Ponzi scheme

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 12 2012

In a per curiam Opinion issued this morning, the Ohio Supreme Court ruled that the beneficiaries of life insurance policies purchased by Roy Dillabaugh, who operated a Ponzi scheme, did not have standing to appeal a trial court's order which ruled that that the Director of the Ohio Department of Commerce ("the Director") was entitled to seek recovery of the insurance premiums paid for life insurance policies, but not the entire amount paid out under the policy

SEC files SOX clawback case against former CEO and CFO of surgical products manufacturer

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 5 2012

On Monday, April 2, 2012, the SEC announced that it has filed suit in federal court in Austin, Texas against Michael A. Baker, the former CEO of ArthroCare Corporation, and Michael Gluk, the former CFO, to recover bonus compensation and stock sale profits they received during an accounting fraud at the company