General – Page 7 – White-Collar Criminal Law

May 14, 2013September 8, 2014 by Mauro M. Wolfe

Unprecedented FCPA Wake-Up Call for U.S. Broker Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S. Financial Markets?

On May 7, 2013, the U.S. Attorney’s Office for the Southern District of New York unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official for engaging in a “Massive International Bribery Scheme.” What makes this fraud scheme remarkable is that it involves the activities of a U.S. broker-dealer, its client, a foreign-owned and controlled bank, the Foreign Corrupt Practices Act (FCPA) and several suspicious transactions that potentially should have raised concerns—a perfect storm. This case may be the catalyst that jump-starts a government FCPA sweep of Wall Street that has been predicted since 2011, but not realized.

Click here to view the full alert.

May 3, 2013September 8, 2014 by Daniel R. Walworth

DOJ Using WWII-Era Act to Extend Statutes of Limitations

According to the Wall Street Journal, the Justice Department has invoked the 1948 Wartime Suspension of Limitations Act (the “WSLA”) in an effort to aggressively extend and suspend statutes of limitations in alleged financial crimes.

Pursuant to the WSLA, “[w]hen the United States is at war…. the running of any statute of limitations applicable to any offense involving fraud … against the United States … shall be suspended until 5 years after the termination of hostilities. 18 U.S.C. § 3287(c).

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April 22, 2013September 8, 2014 by Eric R. Breslin

Can Federal Judges Play Any Role in Plea Negotiations? The Rules Say “No”, But What Should the Remedy Be If the Rule is Broken?

Federal Rule of Criminal Procedure 11(c)(1) is clear. It states that federal judges “must not participate” in plea discussions between a defendant and the United States. There are sound policy reasons that support such a strong line. There is an inherent friction between the roles of judge and participant in plea negotiations. The involvement of a district court judge or Magistrate-Judge in what is by nature a rather adversarial process could easily be perceived a coercive by a defendant, especially if the judge comments, even in passing, on the case’s eventual outcome or the quality of the evidence.

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April 12, 2013September 8, 2014 by Eric R. Breslin

Duane Morris Partner Eric Breslin to Moderate “Brave New World: What the Government’s New War on Computer Crimes Means for Privacy Interests”

Duane Morris partner Eric Breslin will moderate “Brave New World: What the Government’s New War on Computer Crimes Means for Privacy Interests” at the American Bar Association (ABA) Criminal Justice Section’s Fourth Annual Prescription for Criminal Justice Forensics. The panel will occur on Friday, June 7, 2013 from 4 p.m. to 5 p.m.

Click here to read more about the event.

April 8, 2013September 8, 2014 by Mauro M. Wolfe

The Foreign Corrupt Practices Act (FCPA) Indictments Related to LATAM Are Unsealed

On April 5, 2013, the Department of Justice (DOJ) unsealed charges against four former executives of BizJet International Sales and Support, Inc., the U.S.-based subsidiary of Lufthansa Technik, AG, a company that provides aircraft maintenance, repair and overhaul services for alleged bribery payments in Latin America. This news comes less than 30 days since our last blog entry, that quoted the warning by Department of Justice, FCPA Assistant Chief James Koukios, who said that the DOJ has “a lot of cases in the hopper” pertaining to Latin America.What can we learn from the latest case unsealed by the DOJ?

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April 4, 2013September 8, 2014 by Mauro M. Wolfe

Foreign Traders Beware: Trading in US Markets Will Expose You to US Insider Trading Laws

On March 29, 2013, the Securities and Exchange Commission (SEC) announced the settlement of what appeared to be a routine insider trading case involving two traders. For foreign traders, the case is a wake-up call that the SEC is watching and will take action against violators, wherever they are in the world. Moreover, the case reveals the SEC’s patience in finding the insider traders and their courage in taking action. Indeed, the case may also serve as an investigatory template for the SEC’s global policing of U.S. securities laws in connection with insider trading violations by foreign traders.

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April 1, 2013September 8, 2014 by Eric R. Breslin

High Tech (or Rather Low Tech) Squares Off with the Fourth Amendment, Round 6: The Supreme Court Delivers a Rap on the Snout to Franky, the Drug Sniffing Dog

We have written several times in this blog about the awe-inspiring technologies coming online for use by federal and state law enforcement and the threats that these technologies poses to Fourth Amendment rights. But in law enforcement, as in life, sometimes the old ways are still the best. In terms of detecting the presence of contraband narcotics, no new technology has yet to supplant the utility of a well-trained, properly handled drug-sniffing dog.

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March 11, 2013September 8, 2014 by Eric R. Breslin

Another Swiss Bank Pleads Guilty and is Fined: Can the Wave of Tax Prosecutions Be Far Behind?

This past Monday, Wegelin & Co, said to be Switzerland’s oldest private bank, was ordered by a federal judge in New York to pay a fine of $74 million dollars for its violation of U.S. tax laws. For American taxpayers with undisclosed offshore accounts, this was another decidedly unhappy development in a string of unhappy developments.

Starting in 2009, when it reached a landmark agreement with UBS AG that for the first time breached Swiss bank secrecy, the government has been energetic in its pursuit of tax evaders who use foreign institutions in aid of their crimes. This shows no sign of letting up; to the contrary, the effort seem to be accelerating.

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February 25, 2013September 8, 2014 by Eric R. Breslin

Under the Fourth Amendment, Can a Particular “Search” be Lawful, But an Accompanying Seizure Be Unlawful? The Supreme Court Says “Yes” and Explains How in Bailey v. United States of America

The Fourth Amendment sets forth every citizen’s right to be free from unreasonable searches and seizures. The two active verbs in the Amendment (i.e. search and seize) are often lumped together, as if part of an indivisible act or one legal concept.

But they are not. In any one case, a search and/or a seizure can occur singly or in combination and can differ in timing, order and consequence. While there is some surface logic to the assumption that a valid search will inevitably beget a valid seizure, this is just not the law.

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February 6, 2013September 8, 2014 by Eric R. Breslin

High Tech Squares Off with the Fourth Amendment, Round Five: Can the Government Suck Your Blood Without Asking? (Any more than usual, that is)

The Fourth Amendment prohibits the government from conducting searches of “persons, houses, papers and effects” absent the imprimatur of a warrant from a judge. Does this protection extend to the veins in your arms and the blood within?

One would hope so. It is hard to imagine many acts more intrusive and intimate than the drawing of blood. It is bad enough when done by your own doctor or a nurse, but should the state be able to do it without advance judicial permission?

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