23 Jun 2015

Big Brother is Watching: When Taking Cash From Your Own Bank Account is a Federal Crime

I read, with interest, the indictment against the former Speaker of the House, Dennis Hastert. This prosecution serves as a warning to C-Suite executives who, from time to time, may need to withdraw cash from …

Regulatory Compliance White-Collar
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16 Jun 2015

Civil Enforcement or Criminal Penalties – A Toss of the Coin

I recently attended a conference at New York University on “Drawing the Line Between Civil and Criminal Punishment.” The conference brought together scholars, practitioners, and government lawyers to consider the distinctions between civil or regulatory …

Criminal Defense White-Collar
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01 Jun 2015

A trap for the unwary: Emails

In our modern lives, emails and electronically stored information are ubiquitous. Few businesses could survive without relying on electronic communication, both internally and externally. In most of my cases now, emails comprise nearly all of …

Criminal Defense White-Collar
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11 May 2015

The Power of the Prosecutor

The Power of the Prosecutor

 

 

C-Suite executives need a rigorous defense because of fundamental legal and cultural changes that have been well-documented in the media and elsewhere. The Economist recently published an interesting …

Criminal Defense White-Collar
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04 May 2015

Strange Bedfellows: Politics, Friendship, and Bribery

Strange Bedfellows: Politics, Friendship, and Bribery

 

C-Suite executives often form productive relationships with federal, state, or local politicians and bureaucrats. These interactions are often part and parcel of doing business in a highly-regulated economy. …

White-Collar
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27 Apr 2015

Psst, I Got a Tip On a Hot Stock

Over the last several years, there has been a big push by the DOJ (particularly in New York) and the SEC to prosecute C-Suite executives, and those who work with them, for insider trading violations. …

Criminal Defense SEC Enforcement Securities Fraud White-Collar
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20 Apr 2015

The Scourge of Overcriminalization

The Scourge of Overcriminalization

 

If you work in a C-Suite or work closely with those who do, then I need to introduce you to the concept of Overcriminalization of American business. Overcriminalization is why, …

Criminal Defense White-Collar
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