Searching Content indexed under Litigation, Mediation & Arbitration by Daniel Wenner ordered by Published Date Descending.
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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
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
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
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
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
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
White Collar Roundup - March 2018
Attorney General Jeff Sessions ordered the creation of a Cyber-Digital Task Force to "canvass the many ways the Department is combatting the global cyber threat" and to ...
United States
6 Mar 2018
White Collar Roundup - August 2017
The U.S. Court of Appeals for the Second Circuit was quite busy in July. It issued three WCR-worthy opinions.
United States
3 Aug 2017
White Collar Round Up - March 2017
The U.S. Supreme Court will consider in Class v. United States "[w]hether a guilty plea inherently waives a defendant's right to challenge the constitutionality of his statute of conviction."
United States
8 Mar 2017
White Collar Roundup - July 2016
In the case, defendant Melissa Beecroft was convicted of participating in a multimillion-dollar residential mortgage-fraud scheme in the Las Vegas area.
United States
6 Jul 2016
White Collar Roundup - May 2016
The DOJ announced a one-year pilot program to handsomely reward companies that self-report violations of the Foreign Corrupt Practices Act.
United States
13 May 2016
White Collar Roundup - April 2016
A fractured majority of the U.S. Supreme Court held in Luis v. United States that the government cannot restrain untainted assets before conviction to prevent a criminal defendant from hiring counsel of choice.
United States
6 Apr 2016
Weimert And Judicial Scrutiny Of Prosecutorial Judgment
Dan Wenner and Sunita Paknikar wrote an article, "Weimert and Judicial Scrutiny of Prosecutorial Judgment," for Law360.
United States
21 Mar 2016
White Collar Roundup - February 2016
The U.S. Supreme Court granted certiorari in Salman v. United States to address what the government must prove to win an insider-trading case.
United States
8 Feb 2016
White Collar Roundup - January 2016
The U.S. Court of Appeals for the Second Circuit reversed the securities fraud conviction of Jeffries & Company (Jeffries) trader Jesse Litvak in United States v. Litvak.
United States
6 Jan 2016
U.S. Intervenes In False Claims Act "Upcoding" Action
Day Pitney's July 2014 White Collar Roundup included the following item relating to the pending whistleblower case against IPC The Hospitalist Company, Inc.
United States
23 Sep 2015
White Collar Roundup - August 2015
The Third Circuit in United States v. Fountain addressed the mental states required to violate the Hobbs Act's prohibition of extortion under color of official right.
United States
12 Aug 2015
White Collar Roundup - July 2015
Cybersecurity and cyberbreaches are all over the news these days. But who would have guessed that this hot topic would rear its head in relation to America's favorite pastime?
United States
6 Jul 2015
White Collar Roundup - June 2015
Two courts recently suppressed the fruits of warrantless searches of laptop computers.
United States
8 Jun 2015
Second Circuit Says Government Can't Seize Electronic Data Now, Keep It Forever, And Search It Later
When law enforcement officials execute warrants for electronic data, they usually create a mirror image of hard drives and other electronic storage media.
United States
26 Jun 2014
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