General – Page 6 – White-Collar Criminal Law

September 16, 2014September 17, 2014 by Duane Morris

Duane Morris Partner Joseph M. Burton Discusses the “4 Steps to Getting Serious About Law Firm Cybersecurity”

The need for better cybersecurity, along with the responsibility to safeguard client and firm information from the risk of loss from cyberattack, has been the focus of considerable discussion by law firms for the past four years. While some law firms have recently awakened to this key issue, significant further work needs to be undertaken. Let’s look at the progress (or lack thereof) of law firm security over this four-year period — and four ways firms could improve both the speed and effectiveness of their cybersecurity going forward.

To read the full version of the article written by Duane Morris partner Joseph M. Burton, please visit the Law Practice Today website.

October 30, 2013September 9, 2014 by Duane Morris

Duane Morris Partner Eric Breslin Appointed to New Jersey Supreme Court Criminal Practice Committee

Eric Breslin, a partner with law firm Duane Morris LLP, has been appointed to the New Jersey Supreme Court Criminal Practice Committee. Breslin, a litigator in the firm’s Newark office, will serve on the committee through August 2015.

The Criminal Practice Committee reviews cases and issues referred to it by the state Supreme Court and makes recommendations regarding revisions and amendments to the New Jersey Rules Governing Criminal Practice. The rules dictate practice and procedure in all criminal proceedings in the state’s courts, including the municipal courts.

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October 29, 2013September 9, 2014 by Duane Morris

Duane Morris Partner Mauro M. Wolfe Named to Council of Urban Professionals’ CUP Catalysts: Change Agents 2013 | Law

Duane Morris partner Mauro M. Wolfe has been named to the Council of Urban Professionals’ second annual list of CUP Catalysts: Change Agents 2013 | Law. The list highlights and celebrates the accomplishments of diverse leaders across the legal sector who have achieved extraordinary success in business and have made a significant impact on their community. These individuals will be recognized at CUP’s 4th Annual Lawyers Forum on October 29, 2013.

The CUP Catalysts: Change Agents 2013 | Law list comprises 15 legal professionals, between the ages of 35-50, who serve at senior levels of organizations, and who have been nominated by their colleagues and peers. For the full list of CUP Catalysts in Law, visit the Council of Urban Professionals’ website.

October 29, 2013September 9, 2014 by Duane Morris

Duane Morris Partner Eric Breslin to Speak at the American Conference Institute’s 3rd National Forum

Duane Morris partner Eric R. Breslin will speak at the American Conference Institute’s 3rd National Forum on Securities: Litigation and Enforcement. The conference will be held on February 27, 2014 at the Grand Hyatt Washington Hotel.

ACI’s 3rd National Advanced Forum on Securities Litigation and Enforcement, is the only event in the industry where experienced in-house counsel, leading litigators, renowned jurists, and regulatory and enforcement officials from federal and state agencies will assemble in our nation’s capital to provide the highest level insights on the most current developments in the field.

Click here for more information.

August 5, 2013September 9, 2014 by Eric R. Breslin

Does the Government Need a Search Warrant to Obtain Cell Phone Location Data?: Within the Past Month, the Fifth Circuit said “No” while the New Jersey Supreme Court said “Yes”

The historical location data of a given individual’s cellular telephone can be put to a startling array of uses by state and federal law enforcement. Really, it is not hard to figure out how. Cellular phones send out signals at short time intervals in order to establish the presence of a nearby cell tower and to connect to it as required. This location information is recorded and preserved by the industry’s various service providers—T-Mobile, Sprint and the like.

The police have figured it out. If one can find the cell phone; in most cases, you can find its user and/or owner.

Continue reading “Does the Government Need a Search Warrant to Obtain Cell Phone Location Data?: Within the Past Month, the Fifth Circuit said “No” while the New Jersey Supreme Court said “Yes””

July 8, 2013September 17, 2014 by Mauro M. Wolfe

Serious Fraud Office Issues Draft Code of Practice on Deferred Prosecution Agreements

On 27th June 2013, the UK announced more details of new rules that would introduce Deferred Prosecution Agreements (DPAs) into the UK for corporate offences. DPAs have been the weapon of choice for US regulators when prosecuting bribery and corruption cases, and the hope is that DPAs will bring greater predictability for those wishing to settle a case with prosecutors on both sides of the Atlantic.

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June 21, 2013September 9, 2014 by Duane Morris

Second Circuit Shifts Burden of Showing Assets to Defendants; Clarifies Monsanto Decision

Both civil and criminal agencies charged with enforcing U.S. laws have turned increasingly to broad based use of “asset freeze orders.” Legal counsel and their clients should understand the issue, particularly as there is a split in the Circuits and the Supreme Court has not yet addressed the issue. On June 19, 2013, the U.S. Court of Appeals for the Second Circuit issued an opinion “clarifying” its 1991 decision in U.S. v. Monsanto, where it held that a (criminal) defendant who wishes to use frozen funds for their defense is entitled to a pretrial hearing to determine whether there is probable cause to believe the defendant committed the crimes that formed the basis for the forfeiture and whether the funds are forfeitable. In U.S. v. Bonventre, the Second Circuit ruled that a defendant must first make a “threshold showing” that a Monsanto hearing is warranted.

Click here to read the full Alert.

June 17, 2013September 9, 2014 by Eric R. Breslin

Supreme Court Permits DNA Sampling of Persons Arrested, But Not Yet Convicted, in Maryland v. King

We wrote earlier this year on the Fourth Amendment issue presented in Maryland v. King: whether a Maryland statute that allows the state to obtain DNA samples via “cheek swabs” from arrested individuals, as one step in the state’s routine booking and processing procedure, is an invalid warrantless search.

Continue reading “Supreme Court Permits DNA Sampling of Persons Arrested, But Not Yet Convicted, in Maryland v. King”

June 12, 2013September 9, 2014 by Mauro M. Wolfe

Another One Bites the Dust: SEC’s Insider Trading Investigation Strategy Nabs Another Foreign Trader in Nearly Real Time

On June 6, 2013, the Securities and Exchange Commission (SEC) announced [http://www.sec.gov/news/press/2013/2013-102.htm] that it secured an emergency order freezing over $3 million in profits of a trader based in Bangkok, Thailand. The trader is suspected of trading on insider information about the multi-billion dollar acquisition by China-based Shuanghui International Holdings of Smithfield Foods. The speed of the SEC’s investigation is extraordinary and appears to establish its template for future global insider trading investigations, as we predicted back in April.

While the SEC has taken the fast lead on this case, as most experienced defense lawyers will know, the DOJ is surely lurking closely near. We should expect to see criminal action in this case.

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June 3, 2013September 8, 2014 by Mauro M. Wolfe

The Rise of Multinational FCPA Criminal Prosecutions: First Ever Coordinated French and U.S. Action

On May 29, 2013, the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) joined with French enforcement authorities to announce charges against French-based oil and gas company Total S.A. The SEC entered into a cease-and-desist order against Total, wherein Total agreed to pay disgorgement and prejudgment interest of $153 million. The DOJ filed a criminal information against Total, but promised to dismiss the case if Total behaved for the next three years. This is known as a deferred prosecution agreement. The price tag for the settlement was an additional $245.2 million. According to the DOJ, “French enforcement authorities announced earlier today that they had requested that Total, Total’s Chairman and Chief Executive Officer, and two additional individuals be referred to the Criminal Court for violations of French law, including France’s foreign bribery law.” The alleged conduct in this case is egregious, requiring little comment or insight. U.S. authorities stated:

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