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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

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?

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
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USA
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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

Investment adviser Ivy Asset Management settles Madoff lawsuits for $210 million - installment 86

Fox Rothschild LLP
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USA
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November 17 2012

On November 13, 2012, the U.S. Department of Labor (the “DOL”) issued a press release entitled “US Labor Department Recovers Nearly $220 Million for Madoff Victims.”

Madoff trustee reports a $67.3 million reduction in Wilpons' Liabilities as a result of distributions to victims - installment 85

Fox Rothschild LLP
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USA
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October 4 2012

As reported on September 21, 2012 in Installment 84 of this blog series, Trustee Irving Picard distributed nearly $2.5 billion in checks on September 19, 2012 (the “2012 Picard Distribution”) to victims in the Madoff scandal

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