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Searching Content by Daniel Wenner from Day Pitney LLP ordered by Published Date Descending.
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1
White Collar Roundup - April 2019
The U.S. Securities and Exchange Commission (SEC) got good news from the U.S. Supreme Court in Lorenzo v. SEC. The focus of the case was the scope of SEC Rule 10b-5, which broadly prohibits
United States
12 Apr 2019
2
Guidance Isn't Enough For DOJ
As we reported here and here, the DOJ has been keen on limiting the use of guidance documents to govern its prosecution decisions.
United States
21 Mar 2019
3
Not So Fast ...
U.S. District Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida granted a motion for summary judgment filed by two Jane Does ...
United States
21 Mar 2019
4
Agents Goof In Warrant Execution, But Evidence Not Suppressed
U.S. District Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York denied the motions to suppress filed by Sebastian Pinto-Thomaz and Jeremy Millul in their prosecution...
United States
21 Mar 2019
5
Appellate Waivers In Plea Agreements Are Not Bulletproof
In Roe v. Flores-Ortega, 528 U.S. 470 (2000), the U.S. Supreme Court held that when an attorney ignores his or her client's directive to file an appeal after a guilty plea or conviction at trial...
United States
21 Mar 2019
6
No Excessive Fines In State Prosecutions Either
In Timbs v. Indiana, the U.S. Supreme Court unanimously held that the Eighth Amendment's prohibition on excessive fines applies to the states.
United States
21 Mar 2019
7
DOJ Says Noncompliance With Manuals Is Not Enough For Prosecution – Or Is It?
In December 2018, the Department of Justice (DOJ) formalized its position on limiting the use of guidance documents issued by federal agencies to govern its prosecution decisions.
United States
20 Feb 2019
8
White Collar Roundup - January 2019
While focused more on street crime, the First Step Act brings a bevy of changes to sentencing and incarceration in the federal system.
United States
13 Feb 2019
9
White Collar Roundup - February 2019
The U.S. Attorney's Office for the District of New Jersey reported here it has charged two Ukrainian men "for their roles in a large-scale, international conspiracy to hack into the SEC's computer system and profit...
United States
8 Feb 2019
10
White Collar Roundup - December 2018
On November 29, Deputy Attorney General Rod Rosenstein announced a revision of the DOJ's policy that organizations must provide information on individual wrongdoers to receive cooperation credit.
United States
6 Dec 2018
11
White Collar Roundup - November 2018
Assistant Attorney General Brian A. Benczkowski made a splash at the NYU School of Law Program on Corporate Compliance and Enforcement Conference by unveiling the new policy by the U.S. DOJ for selecting corporate monitors.
United States
12 Nov 2018
12
White Collar Roundup - October 2018
Federal prosecutors have long been guided by the USAM, which both explained the organization of the DOJ and gave guidance about items ranging from the principles of prosecution to how to comply with the government's obligations under Brady.
United States
11 Oct 2018
13
White Collar Roundup - September 2018
Defendant Khalid Elbeblawy's change of heart at the time of his guilty plea cost him dearly, as noted by the Eleventh Circuit in United States v. Elbeblawy.
United States
11 Sep 2018
14
Crunching The Numbers: The Sentencing Guidelines And Healthcare Fraud
In United States v. Mehmood, the Sixth Circuit affirmed the conviction of Zafar Mehmood and Badar Ahmadani but vacated their sentences and remanded for resentencing.
United States
14 Aug 2018
15
White Collar Roundup - August 2018
The National Cyber Security Centre—and yes, it's British—released a report titled "The cyber threat to UK legal sector."
United States
14 Aug 2018
16
White Collar Roundup - July 2018
In the prosecution of a corruption case in the Southern District of New York, U.S. District Judge Lewis A. Kaplan rejected a motion to suppress cell phone evidence based on a purportedly illegal seizure.
United States
18 Jul 2018
17
White Collar Roundup - June 2018
The U.S. Court of Appeals for the Fourth Circuit, in United States v. Kolsuz, held that a forensic search of a cellphone during a border crossing didn't require a warrant under the Fourth Amendment.
United States
8 Jun 2018
18
White Collar Roundup - June 2018
The U.S. Court of Appeals for the Fourth Circuit, in United States v. Kolsuz, held that a forensic search of a cellphone during a border crossing didn't require a warrant under the Fourth Amendment.
United States
8 Jun 2018
19
White Collar Roundup - May 2018
As we have previously reported, beginning two years ago, Microsoft successfully challenged prosecutors' authority to obtain orders from U.S. courts requiring internet service providers to disclose data stored abroad.
United States
14 May 2018
20
White Collar Roundup - April 2018
On the last day of the American Bar Association's National Institute on White Collar Crime, Deputy Attorney General Rod Rosenstein described some of the white collar crime priorities ...
United States
11 Apr 2018
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